Montana Attorney General Opinion 16-60

Opinion No. 60. Livestock-Chattel Mortgages, Filing of Notices of Renewals, Assign- ments and Satisfactions With- out FeeS-Filing Fees. HELD: Neither the Livestock Com- mission nor the Recorder of Marks and Brands is required to accept, without the payment of a fee, notices of renewals, assignments and satis- factions of chattel mortgages cover- ing livestock although the notices of the mortgages were filed prior to the enactment of Chapter 91, Laws of 1935. March 15, 1935. Mr. Paul Raftery Secretary, Montana Livestock Commission The Capitol You have requested my opinion as to whether the Livestock Commission is authorized to collect fees for filing renewals, assignments or satisfac- tions of mortgages which have been accepted and filed prior to the enact- ment of Chapter 91, Laws of 1935, passed by the last legislature. The Recorder of Marks and Brands and the Livestock Commission are required to discharge only those du- ties required of them by statute. There is no statutory duty on the part of the Livestock Commission or the Recorder of Marks and Brands to accept and file notices of renewals, assignments or satisfactions of mort- gages, except as provided by said chapter and then only upon the pay- 0 ment of the fee therein required to be paid. It is therefore my opinion that neither the Livestock Commission nor the Recorder of Marks and Brands is required to accept and file such re- newals, assignments and satisfactions unless the fees required by said chapter are paid. Atlhough notices of mortgages have heretofore been accepted without fee. this was done voluntarily by the Livestock Com- mission and Recorder of Marks and Brands, and they are not thereby re- quired to continue such voluntary and free service by accepting notices of renewals, assignments or satisfac- tions thereof.