Montana Attorney General Opinion 16-22

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).