16-22
Montana Attorney General Opinion 16-22
Length: 431 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 22
Opinion No. 22.
Motor Vehicles--Chattel l\'lortgages
and Conditional Sales Contracts
-Filing Fees.
HELD: Subdivision 5 of Section 2,
Chapter 159, Laws of 1933, requires
the payment of 50¢ for the filing of
each chattel mortgage or each con-
ditional sales contract.
The Regis-
trar of Motor Vehicles may not re-
quire a separate instrument for each
motor vehicle.
20
OPINIONS OF THE ATTORNEY GENERAL
January 4, 1935.
Mr. S. C. Small
Deputy Registrar of Motor Vehicles
Deer Lodge, Montana
You have submitted the following
question for my opinion:
"The Montana Motor Vehicle Act
provides that all conditional sales
contracts and chattel mortgages
shall be filed in the office of the
Registrar of Motor Vehicles at Deer
Lodge. A number of contracts have
been presented for filing containing
a description of more than one auto-
mobile.
Are we, under the Motor
Vehicle Act, required to file these
contracts or chattel mortgages, ac-
cepting the fee of fifty cents (50¢)
which is provided by law for filing
each contract, or may we refuse to
accept a contract or chattel mort-
gage which contains a description of
more than one motor vehicle and re-
quire a separate contract or chattel
mortgage for each motor vehicle and
collect a fee of fifty cents (50¢) for
each filing?"
Section 1758, R. C. M. 1921, as
amended by Subdivision 5 of Section 2
of Chapter 159, Laws of 1933, reads
in part: "* * * A fee of Fifty Cents
(50¢) shall be paid the Registrar for
filing chattel mortgages, conditional
sales contracts or assignments there-
of * * *."
In view of the express words of the
statute, it is my opinion that the
Registrar of Motor Vehicles is re-
quired to file chattel mortgages and
conditional sales contracts upon pay-
ment to him of 50¢ for each chattel
mortgage or each conditional sales
contract, and he may not refuse to
accept an instrument which contains
a description of more than one motor
vehicle and may not require a sepa-
rate instrument for each motor ve-
hicle so as to permit him to collect
50¢ for each filing.
The statutory fee to be paid is for
filing each instrument and in the ab-
sence of a statute authorizing it, he
may not require that each instrument
cover one motor vehicle only.
To do
so would constitute legislation.
His
authority is derived from the statute
by which he is limited, and he may
not add thereto.
The words of the
statute being plain and unambiguous,
there is no occasion for construction.
(59 C. J. 953, note 10).