43-39-1      Kinds and classifications of deposits.
43-39-2      Voluntary deposit, making of--Terms defined--Deposit--Depository.
43-39-3      Involuntary deposit, making of--Duty of involuntary depository.
43-39-4      Deposit for keeping defined.
43-39-5      Deposit for exchange defined.
43-39-6      Gratuitous deposit defined.
43-39-7      Deposit for storage defined--Depository as depository for hire.
43-39-8      Rights and duties of depositor and depository.
43-39-9      Deposit for exchange--Transfer of title to deposit--Creation of debtor and creditor relationship.
43-39-10      Depository for hire--Ordinary care in preservation of deposit.
43-39-11      Gratuitous depository--Care for preservation of deposit.
43-39-12      Depository of living animals--Food and shelter--Kind treatment.
43-39-12.1      Abandonment of animal left with veterinarian--Notice to owner--Disposition--Liability.
43-39-13      Use of thing deposited or opening of fastened deposit by depository without depositor's consent forbidden--Exception.
43-39-14      Liability for damage arising from wrongful use--Exception.
43-39-15      Sale of thing in danger of perishing.
43-39-16      Services rendered by depository.
43-39-17      Extent of liability of depository for negligence.
43-39-18      Injury to or loss of thing deposited.
43-39-19      Notice to owner of thing wrongfully detained.
43-39-20      Notice to owner of adverse claim.
43-39-21      Depository not obligated to deliver deposit without demand.
43-39-22      Depository must deliver on demand.
43-39-23      Place of delivery.
43-39-24      Delivery of thing owned jointly or in common.
43-39-25      Cessation of duties of gratuitous depository.
43-39-26      Rate of compensation for fractional part of week or month.
43-39-27      Indemnification of depository by depositor.
43-39-28      Rights of parties to terminate deposit.
43-39-29      Termination of deposit--Payment of charges to become due.

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.

43-39-2. 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 1887, § 3658; RCivC 1903, § 1353; RC 1919, § 970; SDC 1939, § 60.0101 (1).

43-39-3. Involuntary deposit, making of--Duty of involuntary depository.

An involuntary deposit is made:

(1)    By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or

(2)    In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.

The person with whom a thing is so deposited is bound to take charge of it, if able to do so.

Source: CivC 1877, §§ 1035, 1036; CL 1887, §§ 3659, 3660; RCivC 1903, §§ 1354, 1355; RC 1919, §§ 971, 972; SDC 1939, § 60.0101 (2).

43-39-4. Deposit for keeping defined.

A deposit for keeping is one in which the depository is bound to return the identical thing deposited.

Source: CivC 1877, § 1037; CL 1887, § 3661; RCivC 1903, § 1356; RC 1919, § 973; SDC 1939, § 60.0101 (3).

43-39-5. Deposit for exchange defined.

A deposit for exchange is one in which the depository is only bound to return a thing corresponding in kind to that which is deposited.

Source: CivC 1877, § 1038; CL 1887, § 3662; RCivC 1903, § 1357; RC 1919, § 974; SDC 1939, § 60.0101 (4).

43-39-6. Gratuitous deposit defined.

Gratuitous deposit is a deposit for which the depository receives no consideration beyond the mere possession of the thing deposited; an involuntary deposit is gratuitous, the depository being entitled to no reward.

Source: CivC 1877, §§ 1053, 1054; CL 1887, §§ 3677, 3678; RCivC 1903, §§ 1372, 1373; RC 1919, §§ 989, 990; SDC 1939, § 60.0101 (5).

43-39-7. Deposit for storage defined--Depository as depository for hire.

A deposit not gratuitous is called storage. The depository in such case is called a depository for hire.

Source: CivC 1877, § 1057; CL 1887, § 3681; RCivC 1903, § 1376; RC 1919, § 993; SDC 1939, § 60.0101 (6).

43-39-8. Rights and duties of depositor and depository.

Rights and duties of the depositor and depository are set forth in §§ 43-39-9 to 43-39-29, inclusive.

Source: SDC 1939, § 60.0102.

43-39-9. Deposit for exchange--Transfer of title to deposit--Creation of debtor and creditor relationship.

A deposit for exchange transfers to the depository the title to the thing deposited, and creates between him and the depositor the relation of debtor and creditor merely.

Source: CivC 1877, § 1073; CL 1887, § 3697; RCivC 1903, § 1393; RC 1919, § 1016; SDC 1939, § 60.0102 (21).

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 the owner or owner's agent at such person's last known address shall be considered to be abandoned and may be turned over to the nearest humane society or disposed of as the licensed veterinarian considers proper. The giving of notice to the owner or the owner's agent, of such animal by the licensed veterinarian as provided in this section shall relieve the licensed veterinarian in whose custody such animal has been placed from any liability for such disposal.

Source: SL 1986, ch 313, § 7.

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 of the latter, except in case of necessity.

Source: CivC 1877, § 1047; CL 1887, § 3671; RCivC 1903, § 1366; RC 1919, § 983; SDC 1939, § 60.0102 (9).

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, § 60.0102 (10).

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, § 1049; CL 1887, § 3673; RCivC 1903, § 1368; RC 1919, § 985; SDC 1939, § 60.0102 (11).

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 to have willfully or by willful and wanton misconduct, permitted the loss or injury to occur.

Source: CivC 1877, § 1050; CL 1887, § 3674; RCivC 1903, § 1369; RC 1919, § 986; SDC 1939, § 60.0102 (12).

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 the claim of the depositor, the depository is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming in good faith a new obligation changing his position in respect to the thing, to his prejudice.

Source: CivC 1877, § 1043; CL 1887, § 3667; RCivC 1903, § 1362; RC 1919, § 979; SDC 1939, § 60.0102 (5).

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; RCivC 1903, § 1361; RC 1919, § 978; SDC 1939, § 60.0102 (4).

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 owner thereof, or by the act of the law, and has given the notice required by § 43-39-20.

Source: CivC 1877, § 1039; CL 1887, § 3663; RCivC 1903, § 1358; RC 1919, § 975; SDC 1939, § 60.0102 (1).

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 1887, § 3668; RCivC 1903, § 1363; RC 1919, § 980; SDC 1939, § 60.0102 (6).

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 such notice until the emergency that gave rise to the deposit is past.

Source: CivC 1877, § 1056; CL 1887, § 3680; RCivC 1903, § 1375; RC 1919, § 992; SDC 1939, § 60.0102 (16).

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 property during any fraction of a half month.

Source: CivC 1877, § 1059; CL 1887, § 3683; RCivC 1903, § 1378; RC 1919, § 995; SDC 1939, § 60.0102 (18).

43-39-27. Indemnification of depository by depositor.

A depositor must indemnify the depository:

(1)    For all damage caused to him by the defects or vices of the thing deposited; and

(2)    For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking.

Source: CivC 1877, § 1045; CL 1887, § 3669; RCivC 1903, § 1364; RC 1919, § 981; SDC 1939, § 60.0102 (7).

43-39-28. Rights of parties to terminate deposit.

In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depository upon reasonable notice.

Source: CivC 1877, § 1060; CL 1887, § 3684; RCivC 1903, § 1379; RC 1919, § 996; SDC 1939, § 60.0102 (19).

43-39-29. Termination of deposit--Payment of charges to become due.

Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depository in case of the deposit so continuing.

Source: CivC 1877, § 1061; CL 1887, § 3685; RCivC 1903, § 1380; RC 1919, § 997; SDC 1939, § 60.0102 (20).