43-39-1. Kinds and classifications of deposits. A deposit may be voluntary or involuntary, and for safekeeping or for exchange. Deposits are defined and classified as provided by §§43-39-2 to 43-39-7, inclusive. Source: CivC 1877, §1033; CL 1887, §3657; RCivC 1903, §1352; RC 1919, §969; SDC 1939, §60.0101.
43-39-10. Depository for hire–Ordinary care in preservation of deposit. A depository for hire must use at least ordinary care for the preservation of the the thing deposited. Source: CivC 1877, §1058; CL 1887, §3682; RCivC 1903, §1377; RC 1919, §994; SDC 1939, §60.0102 (17).
43-39-11. Gratuitous depository–Care for preservation of deposit. A gratuitous depository must use at least slight care for the preservation of the thing deposited. Source: CivC 1877, §1055; CL 1887, §3679; RCivC 1903, §1374; RC 1919, §991; SDC 1939, §60.0102 (15).
43-39-12. Depository of living animals–Food and shelter–Kind treatment. A depository of living animals must provide them with suitable food and shelter and treat them kindly. Source: CivC 1877, §1046; CL 1887, §3670; RCivC 1903, §1365; RC 1919, §982; SDC 1939, §60.0102 (8).
43-39-12.1. Abandonment of animal left with veterinarian–Notice to owner–Disposition–Liability. Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which remains unclaimed by its owner or owner’s agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given […]
43-39-13. Use of thing deposited or opening of fastened deposit by depository without depositor’s consent forbidden–Exception. A depository may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent […]
43-39-14. Liability for damage arising from wrongful use–Exception. A depository is liable for any damage happening to the thing deposited during his wrongful use thereof, unless such damage must inevitably have happened, though the property has not been thus used. Source: CivC 1877, §1048; CL 1887, §3672; RCivC 1903, §1367; RC 1919, §984; SDC 1939, […]
43-39-15. Sale of thing in danger of perishing. If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depository may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. Source: CivC 1877, […]
43-39-16. Services rendered by depository. So far as any service is rendered by a depository, or required from him, his duties and liabilities are prescribed by chapters 60-1 to 60-4, inclusive. Source: CivC 1877, §1051; CL 1887, §3675; RCivC 1903, §1370; RC 1919, §987; SDC 1939, §60.0102 (13).
43-39-17. Extent of liability of depository for negligence. The liability of a depository for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. Source: CivC 1877, §1052; CL 1887, §3676; RCivC 1903, §1371; RC 1919, §988; SDC 1939, §60.0102 (14).
43-39-18. Injury to or loss of thing deposited. If a thing is lost or injured during its deposit, and the depository refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depository is presumed […]
43-39-19. Notice to owner of thing wrongfully detained. A depository, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if, within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depository against […]
43-39-2. Voluntary deposit, making of–Terms defined–Deposit–Depository. A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving, the depository. Source: CivC 1877, §1034; CL […]
43-39-20. Notice to owner of adverse claim. A depository must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited which may tend to excuse the depository from delivering the thing to him. Source: CivC 1877, §1042; CL 1887, §3666; […]
43-39-21. Depository not obligated to deliver deposit without demand. A depository is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. Source: CivC 1877, §1040; CL 1887, §3664; RCivC 1903, §1359; RC 1919, §976; SDC 1939, §60.0102 (2).
43-39-22. Depository must deliver on demand. A depository must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real […]
43-39-23. Place of delivery. A depository must deliver the thing deposited at his residence or place of business, as may be most convenient for him. Source: CivC 1877, §1041; CL 1887, §3665; RCivC 1903, §1360; RC 1919, §977; SDC 1939, §60.0102 (3).
43-39-24. Delivery of thing owned jointly or in common. If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depository may deliver to each his proper share thereof, if it can be done without injury to the thing. Source: CivC 1877, §1044; CL […]
43-39-25. Cessation of duties of gratuitous depository. The duties of a gratuitous depository cease: (1)Upon his restoring the thing deposited to its owner; or (2)Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depository under subdivision 43-39-3(2) cannot give […]
43-39-26. Rate of compensation for fractional part of week or month. In the absence of a different agreement or usage, a depository for hire is entitled to one week’s hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month’s hire for the storage of any […]
