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).
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