Miss. Code Ann. § 11-51-21 — MS Code / Title 11 / Chapter 38 / Section 51-21
Miss. Code Ann. § 11-51-21
Status: in_force

If the parties summoned to join in the appeal desire to do so, they must comply with the requirements to perfect an appeal as if they had appealed in the first instance, or they shall not be allowed to join in said appeal. Such compliance shall be made within the time required by the Supreme Court, and if a supersedeas bond be filed, may be approved by the Clerk of the Supreme Court, or the clerk of the court from whose judgment the appeal was taken, and certified and filed in the office of the Clerk of the Supreme Court.
Miss. Code Ann. § 11-15-23 — MS Code / Title 11 / Chapter 7 / Section 15-23
Miss. Code Ann. § 11-15-23
Status: in_force

Any party complaining of an award may move the court to vacate the same upon any of the following grounds:

(a) That such award was procured by corruption, fraud, or undue means;

(b) That there was evident partiality or corruption on the part of the arbitrators, or any one of them;

(c) That the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent or material to the controversy, or other misbehavior by which the rights of the party shall have been prejudiced;

(d) That the arbitrators exceeded their powers, or that they so imperfectly executed them that a mutual, final, and definite award on the subject matter was not made.
Miss. Code Ann. § 11-33-51 — MS Code / Title 11 / Chapter 33 / Section 33-51
Miss. Code Ann. § 11-33-51
Status: in_force

Where the amount demanded in an untried prior attachment, or the judgment, if the same be tried, shall equal or exceed the value of the property replevied, an execution or other process shall not be issued against the sureties on the replevin bond on a judgment in a subsequent attachment, unless the prior attachment fails, or the judgment therein be satisfied otherwise than by the proceeds of the property replevied.
Miss. Code Ann. § 11-43-35 — MS Code / Title 11 / Chapter 3 / Section 43-35
Miss. Code Ann. § 11-43-35
Status: in_force

The court or judge may make any temporary order in the cause during the progress of the proceedings that may be right and proper, or that justice may require.
Miss. Code Ann. § 11-62-5 — MS Code / Title 11 / Chapter 59 / Section 62-5
Miss. Code Ann. § 11-62-5
Status: in_force

(1) The state government shall not take any discriminatory action against a religious organization wholly or partially on the basis that such organization:

(a) Solemnizes or declines to solemnize any marriage, or provides or declines to provide services, accommodations, facilities, goods or privileges for a purpose related to the solemnization, formation, celebration or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 ;

(b) Makes any employment-related decision including, but not limited to, the decision whether or not to hire, terminate or discipline an individual whose conduct or religious beliefs are inconsistent with those of the religious organization, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 ; or

(c) Makes any decision concerning the sale, rental, occupancy of, or terms and conditions of occupying a dwelling or other housing under its control, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(2) The state government shall not take any discriminatory action against a religious organization that advertises, provides or facilitates adoption or foster care, wholly or partially on the basis that such organization has provided or declined to provide any adoption or foster care service, or related service, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(3) The state government shall not take any discriminatory action against a person who the state grants custody of a foster or adoptive child, or who seeks from the state custody of a foster or adoptive child, wholly or partially on the basis that the person guides, instructs or raises a child, or intends to guide, instruct, or raise a child based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(4) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person declines to participate in the provision of treatments, counseling, or surgeries related to sex reassignment or gender identity transitioning or declines to participate in the provision of psychological, counseling, or fertility services based upon a sincerely held religious belief or moral conviction described in Section 11-62-3 . This subsection (4) shall not be construed to allow any person to deny visitation, recognition of a designated representative for health care decision-making, or emergency medical treatment necessary to cure an illness or injury as required by law.

(5) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person has provided or declined to provide the following services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration, or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 :

(a) Photography, poetry, videography, disc-jockey services, wedding planning, printing, publishing or similar marriage-related goods or services; or

(b) Floral arrangements, dress making, cake or pastry artistry, assembly-hall or other wedding-venue rentals, limousine or other car-service rentals, jewelry sales and services, or similar marriage-related services, accommodations, facilities or goods.

(6) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person establishes sex-specific standards or policies concerning employee or student dress or grooming, or concerning access to restrooms, spas, baths, showers, dressing rooms, locker rooms, or other intimate facilities or settings, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 .

(7) The state government shall not take any discriminatory action against a state employee wholly or partially on the basis that such employee lawfully speaks or engages in expressive conduct based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 , so long as:

(a) If the employee's speech or expressive conduct occurs in the workplace, that speech or expressive conduct is consistent with the time, place, manner and frequency of any other expression of a religious, political, or moral belief or conviction allowed; or

(b) If the employee's speech or expressive conduct occurs outside the workplace, that speech or expressive conduct is in the employee's personal capacity and outside the course of performing work duties.

(8)(a) Any person employed or acting on behalf of the state government who has authority to authorize or license marriages, including, but not limited to, clerks, registers of deeds or their deputies, may seek recusal from authorizing or licensing lawful marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 . Any person making such recusal shall provide prior written notice to the State Registrar of Vital Records who shall keep a record of such recusal, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of such recusal. The person who is recusing himself or herself shall take all necessary steps to ensure that the authorization and licensing of any legally valid marriage is not impeded or delayed as a result of any recusal.

(b) Any person employed or acting on behalf of the state government who has authority to perform or solemnize marriages, including, but not limited to, judges, magistrates, justices of the peace or their deputies, may seek recusal from performing or solemnizing lawful marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3 . Any person making such recusal shall provide prior written notice to the Administrative Office of Courts, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of such recusal. The Administrative Office of Courts shall take all necessary steps to ensure that the performance or solemnization of any legally valid marriage is not impeded or delayed as a result of any recusal.
Miss. Code Ann. § 11-33-47 — MS Code / Title 11 / Chapter 11 / Section 33-47
Miss. Code Ann. § 11-33-47
Status: in_force

The defendant's replevin bond may be in the following form, viz.:

“We, __________, principal, and __________ and __________ sureties, bind ourselves to pay __________ dollars, unless the said __________ shall have forthcoming to abide the judgment of the circuit court of __________ County, in the suit by attachment therein pending in which said __________ is plaintiff and said __________ is defendant, returnable on the ___ day of __________, __________ a certain __________ levied on by the sheriff of said county by virtue of said attachment, and valued by him at __________, and now restored to said __________; or in default thereof shall satisfy such judgment to the extent of the value of said property, to replevy which this bond is given.

Witness our hands, this the __________ of __________.
Miss. Code Ann. § 11-23-9 — MS Code / Title 11 / Chapter 9 / Section 23-9
Miss. Code Ann. § 11-23-9
Status: in_force

Further proceedings on the execution shall be stayed for an amount equal to the value of the property claimed, as returned by the officer, until final decision of the claim; and on all subsequent executions issued on the judgment prior to the final decision of the claim, the clerk shall indorse the amount of the estimated value for the government of the officer to whom the same may be directed; but the plaintiff may dismiss the levy, and have execution as if it were never made.
Miss. Code Ann. § 11-53-41 — MS Code / Title 11 / Chapter 38 / Section 53-41
Miss. Code Ann. § 11-53-41
Status: in_force

When costs are adjudged against an executor or administrator in a suit at law or in equity, and he shall obtain the certificate of the court before which the suit was tried that there was probable cause for bringing or defending the same, he shall not be individually liable for costs, although the estate may be insufficient to pay them.
Miss. Code Ann. § 11-51-31 — MS Code / Title 11 / Chapter 1 / Section 51-31
Miss. Code Ann. § 11-51-31
Status: in_force

(1) A supersedeas shall not be granted in any case pending before the Supreme Court, unless the party applying for it shall give bond as required by the Rules of the Supreme Court.

(2) In civil litigation under any legal theory, the appeal bond to be furnished during the pendency of all appeals or discretionary reviews by any appellate courts in order to stay the execution of any judgment granting legal, equitable, or other relief during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total appeal bond or other forms of security that are required of an appellant shall be in the amount of the judgment, but not to exceed fifty percent (50%) of the net worth of the appellant, and in no event shall the appeal bond exceed Thirty-five Million Dollars ($35,000,000.00).

(3) Notwithstanding subsection (2) of this section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that:

(a) Are necessary to protect the appellee; and

(b) Require the appellant to post a bond in an amount up to the total amount of the judgment.

(4) In this section:

(a) “ Civil litigation ” includes, without limitation, cases involving individual, aggregated, class action, or otherwise joined claims.

(b) “ Legal, equitable, or other relief ” means all forms of relief including, without limitation, compensatory, special, punitive, exemplary or other damages, injunctive relief, or any other form of relief.

(c) “Dissipation of assets” shall not include expenditures, including payments to the owners of a business, of a kind that the appellant made in the regular course of business prior to entry of the judgment being appealed.

(5) The provisions of this section shall apply to all judgments entered on or after July 1, 2016, regardless of the date the civil litigation was filed.
Miss. Code Ann. § 11-33-45 — MS Code / Title 11 / Chapter 15 / Section 33-45
Miss. Code Ann. § 11-33-45
Status: in_force

The defendant, at any time before final judgment, may replevy the personal property seized and taken into possession by the officer serving an attachment, by giving to such officer a bond, with sufficient sureties, to be approved by him, payable to the plaintiff, in double the value of such property, conditioned to have said property forthcoming to answer and abide the judgment of the court in said suit, or, in default thereof, to pay and satisfy the judgment to the extent of the value of said property; and on the execution of such bond, the officer shall restore to the defendant the property so replevied, and shall return the bond so taken with the writ of attachment and all proceedings thereon. Such replevin shall not affect the lien of the attachment, or the proceedings thereon, as to any rights, credits, or choses in action of the defendant.
Miss. Code Ann. § 11-21-81 — MS Code / Title 11 / Chapter 7 / Section 21-81
Miss. Code Ann. § 11-21-81
Status: in_force

A person aggrieved may appeal from the judgment of the county court or the justice of the peace, as the case may be, in refusing or ordering a sale or partition, or in making partition, or from any final action of the county court or the justice of the peace, as the case may be, as in any other civil case decided by the county court or a justice of the peace. On appeal, the circuit court may give such judgment as may be right.
Miss. Code Ann. § 11-38-7 — MS Code / Title 11 / Chapter 1 / Section 38-7
Miss. Code Ann. § 11-38-7
Status: in_force

The defendant, or any interested person, may contest the demand of the plaintiff on or before the return day of the writ by filing an answer in writing, under oath, of his claim or defense, itemizing his account, if any, and the case shall be then at issue between the parties, and shall be tried as other cases in the court. The judgment or judgments of the court shall adjudicate and adjust the rights of the several parties as to the subject matter of the suit, and costs may be adjudged accordingly.
Miss. Code Ann. § 11-39-39 — MS Code / Title 11 / Chapter 15 / Section 39-39
Miss. Code Ann. § 11-39-39
Status: in_force

It shall be the duty of the trustees, at the first term of the court after the time for presenting claims has elapsed, to make a full and complete report of all claims presented and audited, at which time exception may be taken to the allowance or rejection of any claim, and, if sustained, the report may be corrected. When the report is settled, and the amount of indebtedness ascertained, the court shall order the trustees to pay the debts in the following order:

(a) The compensation to the trustees and others, and expenses incurred in settling the affairs of the corporation, including the payment of the costs in the quo warranto proceedings in the circuit court, and the costs in the chancery court.

(b) Debts due to the state or any county, city, town, or village for taxes or otherwise.

(c) A ratable distribution amongst creditors who have proved their claims, and had them allowed.

(d) The surplus, if any, shall be ratably distributed among the stockholders, according to their respective rights.
Miss. Code Ann. § 11-38-9 — MS Code / Title 11 / Chapter 19 / Section 38-9
Miss. Code Ann. § 11-38-9
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-15-109 — MS Code / Title 11 / Chapter 5 / Section 15-109
Miss. Code Ann. § 11-15-109
Status: in_force

If an agreement or provision for arbitration provides a method for the appointment of arbitrators this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator who has been appointed fails or is unable to act and his successor has not been duly appointed, the court, on application of a party to such agreement or provision, shall appoint one or more arbitrators. An arbitrator so appointed shall have the same powers as if he had been named or provided for in the agreement or provision.
Miss. Code Ann. § 11-51-47 — MS Code / Title 11 / Chapter 47 / Section 51-47
Miss. Code Ann. § 11-51-47
Status: in_force

Supersedeas bonds shall be sufficient if signed by one or more of several appellants, with sureties as required by law, and in case of the affirmance of the decree or judgment complained of, the judgment of affirmance shall be entered against all the appellants in the same manner as if all had signed such bond; but if the decree or judgment be affirmed as to some and reversed as to others of said appellants, the judgment of affirmance shall be entered only against those as to whom it is affirmed, and the sureties on the bond.
Miss. Code Ann. § 11-45-3 — MS Code / Title 11 / Chapter 17 / Section 45-3
Miss. Code Ann. § 11-45-3
Status: in_force

The summons in such suit shall be served on the Attorney General in the mode prescribed by law for the service of a summons in other cases; and he shall appear for the state. The suit shall be proceeded with as if it were between private persons; but a bill shall not be taken as confessed nor a judgment by default be rendered against the state. The answer of the state to any bill need not be under oath or under the great seal, but may be made by the Attorney General for the state.
Miss. Code Ann. § 11-19-55 — MS Code / Title 11 / Chapter 7 / Section 19-55
Miss. Code Ann. § 11-19-55
Status: in_force

In case either party shall desire a survey to be made of the premises sued for in ejectment, he may cause the same to be made, after the institution of the suit, by applying to the clerk of the court in which the suit is brought to issue a commission for that purpose, directed to the county surveyor, or other surveyor, authorizing him to make a survey of the premises, and report the same, under oath, to the court at the next term. Such a survey shall not be made without first giving five days' notice to the opposite party at the time of making the same. The party at whose instance the survey was made shall pay the expenses thereof, but may recover the same as costs, in case he succeed in the action and the judgment be that the survey was necessary in deciding the issue.
Miss. Code Ann. § 11-5-123 — MS Code / Title 11 / Chapter 1 / Section 5-123
Miss. Code Ann. § 11-5-123
Status: in_force

When it shall be alleged that the security on an injunction or receiver's bonds, or any bond taken upon any proceeding in the chancery court, is insufficient, the chancellor shall have power to hear and determine the same in vacation, as well as in term time, and may order the injunction to be dissolved, or the receiver to be suspended or removed, or may make such other order as may be just and equitable in the case, unless a new bond with sufficient sureties be given within twenty days, or such time as he shall appoint; but if done in vacation, at least five days' notice of the time and place of making the application shall be given to the opposite party.
Miss. Code Ann. § 11-43-51 — MS Code / Title 11 / Chapter 1 / Section 43-51
Miss. Code Ann. § 11-43-51
Status: in_force

Witnesses in a habeas corpus case shall be subject to the same penalties, and be entitled to the same privileges and compensation, and be paid in the same way, as in other cases. They may prove their attendance before the clerk in whose office the record of the proceeding is filed, and obtain from him a certificate of their attendance and of the compensation to which they are entitled, as in cases in the circuit courts; or the judge trying the case may give the witnesses certificates of their attendance and the compensation to which they are entitled, which shall have the same effect as such certificates in a like case by the clerk.
Miss. Code Ann. § 11-53-73 — MS Code / Title 11 / Chapter 38 / Section 53-73
Miss. Code Ann. § 11-53-73
Status: in_force

It shall be lawful for the clerks of the several courts, when suits or causes are determined and the fees not paid by the party from whom they are due, to make out executions, directed to the sheriff or other proper officer of the county where the party resides; and the sheriff or other officer shall execute and return such execution as in other cases.
Miss. Code Ann. § 11-57-1 — MS Code / Title 11 / Chapter 46 / Section 57-1
Miss. Code Ann. § 11-57-1
Status: in_force

This chapter shall be known and may be cited as the “Structured Settlement Protection Act.”
Miss. Code Ann. § 11-33-57 — MS Code / Title 11 / Chapter 15 / Section 33-57
Miss. Code Ann. § 11-33-57
Status: in_force

Execution or other process shall not issue against the sureties on the replevin bond where the property replevied hath been levied upon and replevied in a prior attachment against the same defendant, returnable to another court, unless the amount of the prior attachment and probable costs thereof be first deducted from the value of the property; and in such case execution may issue against the sureties only for the difference.
Miss. Code Ann. § 11-43-47 — MS Code / Title 11 / Chapter 21 / Section 43-47
Miss. Code Ann. § 11-43-47
Status: in_force

When the application for a writ of habeas corpus is in the nature of a civil action between parties, the law providing for security for costs shall be applicable; and in such cases persons who may produce the body of another, or render other services, may be allowed the same fees as allowed by law to officers for the same services, the costs to be taxed and collected as in other cases.
Miss. Code Ann. § 11-55-9 — MS Code / Title 11 / Chapter 53 / Section 55-9
Miss. Code Ann. § 11-55-9
Status: in_force

Nothing in this chapter shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay the client's attorney. Nothing in this chapter is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs, or an award of attorney's fees or costs in a manner different than that provided in this chapter.
Miss. Code Ann. § 11-15-127 — MS Code / Title 11 / Chapter 9 / Section 15-127
Miss. Code Ann. § 11-15-127
Status: in_force

Except as otherwise provided, an application to the court under Sections 11-15-101 through 11-15-143 shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
Miss. Code Ann. § 11-17-37 — MS Code / Title 11 / Chapter 3 / Section 17-37
Miss. Code Ann. § 11-17-37
Status: in_force

In suits to try title, to cancel deeds and other clouds upon title, and to confirm title to real estate, the chancery court shall have jurisdiction to decree possession and to displace possession, to decree rents and compensation for improvements and taxes. In all cases where said courts heretofore exercised jurisdiction auxiliary to courts of common law, it may exercise such jurisdiction to grant the relief sought, although the legal remedy may not have been exhausted or the legal title established by a suit at law.
Miss. Code Ann. § 11-55-15 — MS Code / Title 11 / Chapter 47 / Section 55-15
Miss. Code Ann. § 11-55-15
Status: in_force

This chapter shall apply to any suit or claim or defense or appeal filed or perfected subsequent to July 1, 1988. It shall also apply to any suit or claim or defense or appeal which has been filed or perfected prior to July 1, 1988, and which is not dismissed within one hundred eighty (180) days after July 1, 1988.
Miss. Code Ann. § 11-33-21 — MS Code / Title 11 / Chapter 7 / Section 33-21
Miss. Code Ann. § 11-33-21
Status: in_force

The officer granting an attachment may issue duplicate writs to any other county in which the defendant may have property or debts due him, which writs shall be returnable to the court to which the original is returnable, and shall be executed and returned in like manner. Where the attachment has not been executed, or where no property has been found, or not sufficient to satisfy the debt, or where the plaintiff desires to garnish other persons, the clerk of the court to which same is returnable may issue alias writs to the same or other counties without a renewal bond or affidavit.
Miss. Code Ann. § 11-53-71 — MS Code / Title 11 / Chapter 45 / Section 53-71
Miss. Code Ann. § 11-53-71
Status: in_force

The clerk of the circuit court is required to tax in the bill of costs, after final judgment, all the costs that accrued on the trial before a justice of the peace, or before any other inferior tribunal or court, in all cases carried to the circuit court by appeal or by certiorari, and include the same in the execution issued for the costs accruing in the case in the circuit court.
Miss. Code Ann. § 11-37-157 — MS Code / Title 11 / Chapter 15 / Section 37-157
Miss. Code Ann. § 11-37-157
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-45-9 — MS Code / Title 11 / Chapter 21 / Section 45-9
Miss. Code Ann. § 11-45-9
Status: in_force

In like manner as set forth in Section 11-45-7 , an action may be prosecuted in all cases where property, real or personal, has accrued to the state by any forfeiture or otherwise.
Miss. Code Ann. § 11-27-81 — MS Code / Title 11 / Chapter 9 / Section 27-81
Miss. Code Ann. § 11-27-81
Status: in_force

The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972 , may be exercised only:

(a) By the State Highway Commission for the acquisition of highway rights-of-way only;

(b) By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;

(c) By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;

(d) By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;

(e) By any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section 49-17-701 et seq. , for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business. A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible. A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013. Provisions of this paragraph (e) shall not apply to House District 109;

(f) By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;

(g) By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv) 1 or any facility related to the project as provided in Section 57-75-11(e)(ii) ;

(h) By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92 ;

(i) By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv) . The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (i) after July 1, 2003;

(j) By a regional economic development alliance created under Section 57-64-1 et seq. , for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi) . An alliance may not exercise the right to immediate possession under this paragraph (j) after July 1, 2012;

(k) By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii) . A county may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012; or

( l ) By any public agency, as defined in Section 57-75-37(7)(a)(ii) , for the purpose of acquiring land, property or interests therein, including, but not limited to, easements or rights-of-way for public highways and roads, and for public water utilities, public wastewater and wastewater treatment utilities, public drainage utilities and other public utility purposes in connection with a project defined in Section 57-75-5(f) (xxxiii).
Miss. Code Ann. § 11-51-73 — MS Code / Title 11 / Chapter 23 / Section 51-73
Miss. Code Ann. § 11-51-73
Status: in_force

The provision that the clerk shall send up to the Supreme Court any bond taken is directory, and shall not preclude the rendition of judgment by the Supreme Court on a copy of such bond, but said court may give judgment on a copy of such bond as if the original were before it.
Miss. Code Ann. § 11-47-11 — MS Code / Title 11 / Chapter 38 / Section 47-11
Miss. Code Ann. § 11-47-11
Status: in_force

Where the proceedings in or as to the suit or levy, notice of which has been entered in the lis pendens record, shall be terminated, whether on the merits or not, the court wherein the same were pending shall direct the clerk who has the record to make such entry therein as it shall prescribe, to give notice of the result of the proceedings and of the devolution of the real estate; and the clerk shall at once, on presentation thereof, file and record the prescribed entry and note the date of filing and recording on the record.
Miss. Code Ann. § 11-47-3 — MS Code / Title 11 / Chapter 47 / Section 47-3
Miss. Code Ann. § 11-47-3
Status: in_force

When any person shall begin a suit in any court, whether by declaration or bill, or by cross-complaint, to enforce a lien upon, right to, or interest in, any real estate, unless the claim be founded upon an instrument which is recorded, or upon a judgment duly enrolled, in the county in which the real estate is situated, such person shall file with the clerk of the chancery court of each county where the real estate, or any part thereof, is situated, a notice containing the names of all the parties to the suit, a description of the real estate, and a brief statement of the nature of the lien, right, or interest sought to be enforced. The clerk shall immediately file and record the notice in the lis pendens record, and note on it, and in the record, the hour and day of filing and recording.
Miss. Code Ann. § 11-51-17 — MS Code / Title 11 / Chapter 7 / Section 51-17
Miss. Code Ann. § 11-51-17
Status: in_force

Any one or more of the parties to a judgment or decree may appeal therefrom. If all the parties to a judgment after receiving notice thereof in the time required by the Supreme Court do not join the appeal, they shall not afterward have the right of appeal, and the judgment of the court below shall remain in full force against them.
Miss. Code Ann. § 11-62-15 — MS Code / Title 11 / Chapter 27 / Section 62-15
Miss. Code Ann. § 11-62-15
Status: in_force

(1) This chapter shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent permitted by the state and federal constitutions.

(2) The protection of free exercise of religious beliefs and moral convictions afforded by this chapter are in addition to the protections provided under federal law, state law, and the state and federal constitutions. Nothing in this chapter shall be construed to preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to narrow the meaning or application of any state or local law protecting free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to prevent the state government from providing, either directly or through an individual or entity not seeking protection under this chapter, any benefit or service authorized under state law.

(3) This chapter applies to, and in cases of conflict supersedes, each statute of the state that impinges upon the free exercise of religious beliefs and moral convictions protected by this chapter, unless a conflicting statute is expressly made exempt from the application of this chapter. This chapter also applies to, and in cases of conflict supersedes, any ordinance, rule, regulation, order, opinion, decision, practice or other exercise of the state government's authority that impinges upon the free exercise of religious beliefs or moral convictions protected by this chapter.
Miss. Code Ann. § 11-33-5 — MS Code / Title 11 / Chapter 9 / Section 33-5
Miss. Code Ann. § 11-33-5
Status: in_force

In case one or more partners shall be liable to attachment on any of the enumerated grounds therefor, save the first, an attachment may be maintained against said partner, or all of the partners, by the partnership creditors. The property of the partnership, in either case, may be levied on and dealt with in all respects as if the grounds of attachment existed as to all the partners. The effects levied upon may be replevied by the partners sued by giving bond as other defendants in attachments, or, if they fail to do so, any partner not sued therein may replevy the same in like manner; but, by doing so, such partner shall thereby become a party defendant to the suit for all purposes, and judgment may be rendered on his bond against the obligors therein as in other attachment cases.
Miss. Code Ann. § 11-27-30 — MS Code / Title 11 / Chapter 11 / Section 27-30
Miss. Code Ann. § 11-27-30
Status: in_force

No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten (10) years after its acquisition, be transferred or any interest therein transferred to any person, nongovernmental entity, public-private partnership, corporation, or other business entity with the following exceptions:

(a) The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.

(b) The above provisions shall not apply where the use of eminent domain (i) removes a public nuisance; (ii) removes a structure that is beyond repair or unfit for human habitation or use; (iii) is used to acquire abandoned property; or (iv) eliminates a direct threat to public health or safety caused by the property in its current condition.
Miss. Code Ann. § 11-73-7 — MS Code / Title 11 / Chapter 35 / Section 73-7
Miss. Code Ann. § 11-73-7
Status: in_force

A person who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person and who is found liable under this chapter for any amount of damages proximately caused by the trafficking is jointly liable with any other defendant found liable under this chapter for the entire amount of damages proximately caused by the trafficking.
Miss. Code Ann. § 11-53-21 — MS Code / Title 11 / Chapter 51 / Section 53-21
Miss. Code Ann. § 11-53-21
Status: in_force

In cases commenced or continued on an affidavit of poverty, the officers of the court shall perform all the duties required in the prosecution of the suit, and the witnesses shall attend until released; but in the case of failure to prosecute his suit to effect, judgment shall be given against the plaintiff for costs, and execution may be issued as in other cases.
Miss. Code Ann. § 11-33-41 — MS Code / Title 11 / Chapter 21 / Section 33-41
Miss. Code Ann. § 11-33-41
Status: in_force

The notice of the attachment which the clerk is required to cause to be published may be in the following form, to wit:

“The State of Mississippi to __________:

An attachment at the suit of __________ against your estate, for __________ dollars, returnable before the circuit court of __________ County, at __________, Mississippi, has been executed, and is now pending in said court; and unless you appear before said court on the __________ Monday of __________ A.D. __________, and plead to said action, judgment will be entered, and the estate attached will be sold.

__________, A.D._________________________, Clerk.”
Miss. Code Ann. § 11-25-109 — MS Code / Title 11 / Chapter 17 / Section 25-109
Miss. Code Ann. § 11-25-109
Status: in_force

The warrant shall be directed to the sheriff, or any constable of the county, and shall be made returnable to the first term of the county court held after the issuance of the said warrant, unless it shall be issued more than ten days before the said term of court when it may be made returnable before the judge of the county court at the usual place of holding the county court at a day to be named not more than ten days, or less than five days, after the date of issuance of the said warrant; and the cause shall be triable at such term, or before the judge in vacation, (if so returnable), on the day therein, provided the defendant has been served with process at least five days before the return day of writ.
Miss. Code Ann. § 11-49-7 — MS Code / Title 11 / Chapter 33 / Section 49-7
Miss. Code Ann. § 11-49-7
Status: in_force

Every attorney or counselor at law, practicing in any court in this state, shall be allowed, at all reasonable times, to inspect the papers and records relating to any suit in such court in which he may be concerned as attorney or counsel, without being compelled to take copies thereof. A clerk of any court may permit an attorney to take out of the office the papers in which he is interested, under such regulations as the court or the law may prescribe.
Miss. Code Ann. § 11-55-11 — MS Code / Title 11 / Chapter 17 / Section 55-11
Miss. Code Ann. § 11-55-11
Status: in_force

This chapter shall apply in all cases unless attorney's fees are otherwise specifically provided by statute or court rule, in which case the provision allowing the greater award shall prevail.
Miss. Code Ann. § 11-65-1 — MS Code / Title 11 / Chapter 49 / Section 65-1
Miss. Code Ann. § 11-65-1
Status: in_force

No federal executive order, agency order, law not enrolled by the United States Congress and signed by the President of the United States, rule, regulation or administrative interpretation of a law or statute issued, enacted or promulgated after July 1, 2016, that violates the United States Constitution or the Mississippi Constitution of 1890 shall be enforced or ordered to be enforced by any official, agent or employee of this state or a political subdivision thereof.
Miss. Code Ann. § 11-59-13 — MS Code / Title 11 / Chapter 17 / Section 59-13
Miss. Code Ann. § 11-59-13
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Miss. Code Ann. § 11-51-91 — MS Code / Title 11 / Chapter 5 / Section 51-91
Miss. Code Ann. § 11-51-91
Status: in_force

On appeal from a justice of the peace court to the circuit court the case shall be tried anew, in a summary way, without pleadings in writing, at the first term, unless cause be shown for a continuance; provided, however, that the circuit court shall have the authority and power of its own motion or on motion of any party to require that defenses to the action shall be set up by way of answer in like manner as is required by Section 11-7-59, Mississippi Code of 1972 .

If it appear on the trial that the suit was brought before a justice of the peace not having jurisdiction thereof, the circuit court shall reverse the judgment of the justice and dismiss the case. If the defendant be the appellant and judgment be rendered for the plaintiff in the original suit for a sum equal to or greater than he recovered before the justice of the peace, ten per cent (10%) damages upon the amount thereof shall be included in such judgment; and similarly, when there has been an appeal from a justice of the peace court to a county court, and any judgment against an appellant shall be rendered against the principal and his sureties jointly and when there shall be an appeal from the county court to the circuit court and the same shall be affirmed, then, there shall be added five per cent (5%) damages, and judgment shall be rendered against the principal and the sureties on the appeal bond jointly. In all such cases where the amount in controversy exceeds the sum of Fifty Dollars ($50.00), either party shall be entitled to an appeal to the supreme court as in cases originating in the circuit court, and the plaintiff may also appeal to the supreme court in cases where the difference between his demand and the judgment in his favor shall exceed said sum.
Miss. Code Ann. § 11-59-11 — MS Code / Title 11 / Chapter 17 / Section 59-11
Miss. Code Ann. § 11-59-11
Status: in_force

An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under Section 11-59-5 must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Miss. Code Ann. § 11-67-13 — MS Code / Title 11 / Chapter 62 / Section 67-13
Miss. Code Ann. § 11-67-13
Status: in_force

(1) If the plaintiff files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos action and adjust the judgment and order any relief to the parties that the court considers just and proper.

(2) A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one (1) year after the judgment was entered.
Miss. Code Ann. § 11-29-1 — MS Code / Title 11 / Chapter 3 / Section 29-1
Miss. Code Ann. § 11-29-1
Status: in_force

When a bill is filed in the chancery court in reference to personal property, and affidavit and bond as required therefor is made and filed, the clerk of the court shall issue a writ of sequestration.
Miss. Code Ann. § 11-33-101 — MS Code / Title 11 / Chapter 29 / Section 33-101
Miss. Code Ann. § 11-33-101
Status: in_force

Any creditor of the defendant in attachment, upon filing a petition under oath, averring that he is a creditor, and that the grounds of attachment alleged are untrue, or that the attachment was sued out by collusion between the plaintiff and the defendant, or that the debt claimed by the defendant is fictitious or simulated, in whole or in part, or any other fact showing fraud or collusion in suing out the attachment, may intervene and make defense, and in such case the facts stated in the petition shall be tried; but the intervening creditor must give bond, payable to the plaintiff, in such penalty and with such sureties as the court or judge may prescribe, conditioned to pay the costs of the trial in case the issue be found against him.
Miss. Code Ann. § 11-17-29 — MS Code / Title 11 / Chapter 1 / Section 17-29
Miss. Code Ann. § 11-17-29
Status: in_force

The owner in possession of any land, or the owner thereof who may be out of possession, if there be no adverse occupancy thereof, may file a bill in the chancery court to have his title confirmed and quieted. The law for notice, process, proceedings, and practice, as provided for confirming and quieting tax titles shall apply, no matter by what tenure the complainant may hold. Unknown and nonresident parties may be made defendants as they are made defendants to proceedings to confirm tax titles. If on the final hearing of any such suit, the court shall be satisfied that the complainant is the real owner of the land, it shall so adjudge, and its decree shall be conclusive evidence of title as determined from the date of the decree as against all parties defendant.
Miss. Code Ann. § 11-33-41 — MS Code / Title 11 / Chapter 25 / Section 33-41
Miss. Code Ann. § 11-33-41
Status: in_force

The notice of the attachment which the clerk is required to cause to be published may be in the following form, to wit:

“The State of Mississippi to __________:

An attachment at the suit of __________ against your estate, for __________ dollars, returnable before the circuit court of __________ County, at __________, Mississippi, has been executed, and is now pending in said court; and unless you appear before said court on the __________ Monday of __________ A.D. __________, and plead to said action, judgment will be entered, and the estate attached will be sold.

__________, A.D._________________________, Clerk.”
Miss. Code Ann. § 11-46-20 — MS Code / Title 11 / Chapter 45 / Section 46-20
Miss. Code Ann. § 11-46-20
Status: in_force

(1) The Tort Claims Board shall be charged with the responsibility to regulate all liability coverage of governmental entities required to have certificates of coverage under this chapter which elect to provide the same through a public entity group or individual self-insurance program. This regulation shall be accomplished through an initial approval as provided in Section 11-46-17 and by ongoing or annual review. Each self-insurance program shall annually submit to the Tort Claims Board the following items within ninety (90) days from the end of the group year:

(a) An audited financial statement;

(b) An actuarial valuation;

(c) Contracts with third-party administrators (if any);

(d) Excess insurance policies;

(e) A list of members and premiums due from and collected from each member; and

(f) Other data as may be required by the Tort Claims Board.

(2) Areas of regulation under this section shall include, but not be limited to, the following:

(a) Financial solvency;

(b) Rating plans, rates and rating basis;

(c) Assessment plans of public entity groups;

(d) Coverages offered and excluded;

(e) Deductibles and deductible credits;

(f) Proper purchase of excess insurance or reinsurance; and

(g) Review of losses, reserves and expenses annually.

(3) Individual self-insurers and group public entity self-insurers must provide the data requested for the purposes of this section in order to receive continuing approval of the Tort Claims Board and issuance of annual certificates of coverage to the governmental entities involved.

(4) The Tort Claims Board is authorized to assess and charge appropriate fees for the costs of regulation, as determined by the board, to the individual self-insurers and group public entity self-insurers being regulated.

(5) The Tort Claims Board is empowered to:

(a) Issue cease and desist orders;

(b) Require rate increases or decreases;

(c) Require assessments of members of group public entity self-insurers in such amounts as are authorized and required by the board;

(d) Require changes in excess insurance or reinsurance; or

(e) Take such other actions as deemed necessary by the board to carry out the provisions of this chapter.
Miss. Code Ann. § 11-19-1 — MS Code / Title 11 / Chapter 13 / Section 19-1
Miss. Code Ann. § 11-19-1
Status: in_force

A civil action seeking ejectment as relief may be maintained in all cases where the plaintiff is legally entitled to the possession of the land sued for and demanded.
Miss. Code Ann. § 11-47-5 — MS Code / Title 11 / Chapter 13 / Section 47-5
Miss. Code Ann. § 11-47-5
Status: in_force

When the sheriff, United States marshal, or other officer, shall levy upon real estate by virtue of any process, unless it be in execution upon a judgment which is duly enrolled in the county where the real estate is situated, he shall file with the clerk of the chancery court of each county in which the real estate, or any part thereof, is situated, a notice of the levy, containing the names of the parties to the proceedings, the kind of process, and a description of the real estate levied on. The clerk shall file, record and note upon the notice and record, as required in Section 11-47-3 .
Miss. Code Ann. § 11-39-13 — MS Code / Title 11 / Chapter 1 / Section 39-13
Miss. Code Ann. § 11-39-13
Status: in_force

After the complaint has been filed, summons shall be issued as required by the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-11-9 — MS Code / Title 11 / Chapter 3 / Section 11-9
Miss. Code Ann. § 11-11-9
Status: in_force

Executors, administrators or guardians, appointed in this state and residing out of it, may be sued in the county of their appointment and may be made parties to such suit so as to authorize judgment against them by publication of summons made as provided for in the case of absent and nonresident defendants.

Actions against resident executors, administrators or guardians may be brought in the county or judicial district of their appointment.
Miss. Code Ann. § 11-67-3 — MS Code / Title 11 / Chapter 29 / Section 67-3
Miss. Code Ann. § 11-67-3
Status: in_force

(1) The Legislature finds and determines that:

(a) Asbestos is a mineral that was widely used for insulation, fireproofing, and other purposes;

(b) Exposure to asbestos has been causally associated with mesothelioma and lung cancer, as well as nonmalignant conditions such as asbestosis, pleural plaques, and diffuse pleural thickening;

(c) Approximately one hundred (100) employers have declared bankruptcy at least partially due to asbestos-related liability;

(d) Over ten thousand (10,000) companies have been named as asbestos defendants, including many small- and medium-sized companies, in industries that cover eighty-five percent (85%) of the United States economy;

(e) Scores of trusts have been established in asbestos-related bankruptcy proceedings to form a multibillion dollar asbestos bankruptcy trust compensation system outside of the tort system, and new asbestos trusts continue to be established;

(f) Asbestos plaintiffs often seek compensation both from solvent defendants in civil actions and from trusts or claims facilities formed in asbestos-related bankruptcy proceedings;

(g) There is limited coordination and transparency between these two (2) paths to recovery, which has resulted in the suppression of evidence in asbestos actions; and

(h) Justice is promoted by transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions.

(2) Now, therefore, it is the intent of the Legislature to:

(a) Provide transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions by creating a substantive right for defendants to obtain bankruptcy trust discovery;

(b) Reduce the opportunity for oversight or suppression of evidence in asbestos actions; and

(c) Enhance the ability of courts to oversee and manage asbestos cases.
Miss. Code Ann. § 11-23-27 — MS Code / Title 11 / Chapter 15 / Section 23-27
Miss. Code Ann. § 11-23-27
Status: in_force

A claimant's affidavit may be in the following form, viz.:

State of Mississippi, __________ County:

“Before me, __________, a justice of the peace of said county, __________ makes oath that a certain __________ [here describe the property], levied on by virtue of an execution in favor of __________ against __________, issued by __________, a justice of the peace of said county, on the ___ day of __________, A.D. __________, and now in the hands of __________, a __________ of __________ county, under said execution, is the property of affiant, and is not the property of __________.

“Sworn to and subscribed before me, __________, A.D.____________________, J. P.”
Miss. Code Ann. § 11-37-157 — MS Code / Title 11 / Chapter 29 / Section 37-157
Miss. Code Ann. § 11-37-157
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-46-11 — MS Code / Title 11 / Chapter 13 / Section 46-11
Miss. Code Ann. § 11-46-11
Status: in_force

(1) After all procedures within a governmental entity have been exhausted, any person having a claim under this chapter shall proceed as he might in any action at law or in equity, except that at least ninety (90) days before instituting suit, the person must file a notice of claim with the chief executive officer of the governmental entity.

(2)(a) Service of notice of claim shall be made as follows:

(i) For local governments:

1. If the governmental entity is a county, then upon the chancery clerk of the county sued;

2. If the governmental entity is a municipality, then upon the city clerk.

(ii) If the governmental entity to be sued is a state entity as defined in Section 11-46-1(j) , or is a political subdivision other than a county or municipality, service of notice of claim shall be had only upon that entity's or political subdivision's chief executive officer. The chief executive officer of a governmental entity participating in a plan administered by the board pursuant to Section 11-46-7(3) shall notify the board of any claims filed within five (5) days after receipt thereof.

(b) Every notice of claim shall:

(i) Be in writing;

(ii) Be delivered in person or by registered or certified United States mail; and

(iii) Contain a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought, and the residence of the person making the claim at the time of the injury and at the time of filing the notice.

(3)(a) All actions brought under this chapter shall be commenced within one (1) year next after the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based, and not after, except that filing a notice of claim within the required one-year period will toll the statute of limitations for ninety-five (95) days from the date the chief executive officer of the state entity or the chief executive officer or other statutorily designated official of a political subdivision receives the notice of claim.

(b) No action whatsoever may be maintained by the claimant until the claimant receives a notice of denial of claim or the tolling period expires, whichever comes first, after which the claimant has an additional ninety (90) days to file suit; failure to file within the time allowed is an absolute bar to any further proceedings under this chapter.

(c) All notices of denial of claim shall be served by governmental entities upon claimants by certified mail, return receipt requested, only.

(d)(i) To determine the running of limitations periods under this chapter, service of any notice of claim or notice of denial of claim is effective upon delivery by the methods statutorily designated in this chapter.

(ii) The limitations period provided in this section controls and shall be exclusive in all actions subject to and brought under the provisions of this chapter, notwithstanding the nature of the claim, the label or other characterization the claimant may use to describe it, or the provisions of any other statute of limitations that would otherwise govern the type of claim or legal theory if it were not subject to or brought under the provisions of this chapter.

(4) From and after April 1, 1993, if any person entitled to bring any action under this chapter shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the action within the time allowed in this section after his disability shall be removed as provided by law. The savings in favor of persons under disability of unsoundness of mind shall never extend longer than twenty-one (21) years.
Miss. Code Ann. § 11-39-5 — MS Code / Title 11 / Chapter 29 / Section 39-5
Miss. Code Ann. § 11-39-5
Status: in_force

In case the proceedings be on the relation of a person claiming to be entitled to an office, the ground of his claim shall be stated by proper averment, and judgment shall be rendered according to the rights of the respective claimants; and, if it be in favor of the relator, he shall be entitled to the office on qualifying according to law, and may recover of the defendant in an action all damages that may have accrued in consequence of withholding the office from him.
Miss. Code Ann. § 11-61-1 — MS Code / Title 11 / Chapter 9 / Section 61-1
Miss. Code Ann. § 11-61-1
Status: in_force

(1) This section shall be known and may be cited as the Mississippi Religious Freedom Restoration Act.

(2) The Mississippi Legislature finds the following:

(a) The framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;

(b) Laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;

(c) Government should not substantially burden religious exercise without compelling justification;

(d) In Employment Division v. Smith, 494 U.S. 872 (1990) , the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and

(e) The compelling interest test as set forth in prior federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.

(3) The purposes of this section are as follows:

(a) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) , and Wisconsin v. Yoder, 406 U.S. 205 (1972) , and to guarantee its application in all cases where free exercise of religion is substantially burdened; and

(b) To provide a claim or defense to persons whose religious exercise is substantially burdened by government.

(4) As used in this section, the following words shall have the following meanings:

(a) “ Government ” means any branch, department, agency, instrumentality or political subdivision of the State of Mississippi and any official or other person acting under color of law of the State of Mississippi.

(b) “ Demonstrates ” means to meet the burdens of going forward with the evidence and of persuasion.

(c) “ Exercise of religion ” means the exercise of religion under the First Amendment to the Constitution.

(5)(a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph (b) of this subsection.

(b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person:

(i) Is in furtherance of a compelling governmental interest; and

(ii) Is the least restrictive means of furthering that compelling governmental interest.

(6) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government, as defined by subsection (4) of this section. Standing to assert a claim or defense under this section shall be the same as the general rules of standing under Article III of the United States Constitution .

(7)(a) This section applies to all state laws, rules, regulations and any municipal or county ordinances, rules or regulations and the implementation of those laws, whether statutory or otherwise, and whether adopted before or after July 1, 2014.

(b) Any such law, rule, regulation or ordinances adopted after July 1, 2014, shall be subject to this section unless such law explicitly excludes such application by reference to this section.

(8) Nothing in this section shall be construed to authorize any government to burden any religious belief.

(9) Nothing in this section shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion. Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this section. As used in this subsection, the term “granting,” used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(10) Nothing in this section shall create any rights by an employee against an employer if the employer is not the government.
Miss. Code Ann. § 11-33-59 — MS Code / Title 11 / Chapter 27 / Section 33-59
Miss. Code Ann. § 11-33-59
Status: in_force

If any defendant in attachment for a debt due shall, at any time before the return thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said officer, payable to the plaintiff in attachment, in a penalty double the amount claimed by the plaintiff, conditioned to pay and satisfy any judgment which may be recovered by the plaintiff in the suit, with all costs, the attachment shall be thereby discharged; and all the property of every kind levied on, attached or seized by virtue thereof, shall be released and restored to such defendant. The bond shall be returned with the attachment; and in case of any recovery by the plaintiff in the suit, judgment shall be entered against the defendant and the sureties in the said bond. After the return of the attachment, the bond herein provided for may be given at any time before final judgment, and may be taken by the sheriff, or officer by whom the attachment was served, in case any of the attached property remains in his hands; otherwise, by the clerk of the court in which the attachment is pending.
Miss. Code Ann. § 11-47-1 — MS Code / Title 11 / Chapter 3 / Section 47-1
Miss. Code Ann. § 11-47-1
Status: in_force

The clerk of the chancery court shall keep in his office, as a public record, a suitable book, to be called the “Lis Pendens Record.”
Miss. Code Ann. § 11-53-49 — MS Code / Title 11 / Chapter 53 / Section 53-49
Miss. Code Ann. § 11-53-49
Status: in_force

When a setoff is pleaded or filed and established, the defendant shall recover of the plaintiff his costs expended in establishing it, although judgment be rendered in favor of the plaintiff for a balance due him.
Miss. Code Ann. § 11-51-27 — MS Code / Title 11 / Chapter 25 / Section 51-27
Miss. Code Ann. § 11-51-27
Status: in_force

An appeal may be granted by the court in all cases, upon terms prescribed, which shall include payment of all costs in the lower court.
Miss. Code Ann. § 11-73-5 — MS Code / Title 11 / Chapter 23 / Section 73-5
Miss. Code Ann. § 11-73-5
Status: in_force

A claimant who prevails in a suit under this chapter may be awarded:

(a) Compensatory damages;

(b) Court costs; and

(c) Reasonable attorneys' fees.
Miss. Code Ann. § 11-35-41 — MS Code / Title 11 / Chapter 31 / Section 35-41
Miss. Code Ann. § 11-35-41
Status: in_force

When a garnishee, by his answer or by affidavit at any time before final judgment against him, or after such judgment if he had no such notice before the judgment was rendered, shall show that he has been notified that another person claims title to or an interest in the debt or property, which has been admitted by him, or found on a trial to be due or to be in his possession, the court shall suspend all further proceedings, and cause a summons to issue or publication to be made for the person so claiming to appear and contest with the plaintiff the right to such money, debt, or property. In such case, if the answer admit an indebtedness, and the garnishee pay the money into court, he shall thereupon be discharged from liability to either party for the sum so paid. And whenever such garnishee shall by said answer or affidavit show that he has been notified that another person claims title to or interest in such debt or property, it shall be lawful for such third person of his own motion to come in and claim the debt or property, and the claim shall be tried as other claimant's issues are tried whether summons or publication has been made to bring him in or not.
Miss. Code Ann. § 11-33-105 — MS Code / Title 11 / Chapter 23 / Section 33-105
Miss. Code Ann. § 11-33-105
Status: in_force

Justice court judges shall have cognizance of attachments in all cases where the amount in controversy is within their jurisdiction. In such case, the notice to a defendant not found shall require the appearance of the defendant at some reasonable time, to be fixed by the judge, not less than one (1) month after the return day of the attachment, and shall be transmitted by such judge by mail to the defendant at his post office, when stated. Such notice shall not be published in a newspaper, but shall be posted in three (3) public places, where they will be likely to be seen by persons in the county of the justice court judge, three (3) weeks before the time for the appearance of the defendant. Such mailing and posting, or posting alone when the post office is not stated, shall be in lieu of publication in a newspaper in attachments before a justice court judge, and shall authorize such further proceedings as are provided for in other cases of publication.
Miss. Code Ann. § 11-53-73 — MS Code / Title 11 / Chapter 9 / Section 53-73
Miss. Code Ann. § 11-53-73
Status: in_force

It shall be lawful for the clerks of the several courts, when suits or causes are determined and the fees not paid by the party from whom they are due, to make out executions, directed to the sheriff or other proper officer of the county where the party resides; and the sheriff or other officer shall execute and return such execution as in other cases.
Miss. Code Ann. § 11-53-11 — MS Code / Title 11 / Chapter 15 / Section 53-11
Miss. Code Ann. § 11-53-11
Status: in_force

The clerk or justice of the peace shall be liable on his official bond to all persons having any claim to or interest in any money so deposited for costs; and for failure to pay over the same, as required, to the person entitled to it, shall, besides any other penalty provided, be liable to be dealt with for contempt by the court in which the deposit was made. A deposit in the hands of a clerk or justice at the expiration of his term of office shall be delivered to his successor.
Miss. Code Ann. § 11-47-7 — MS Code / Title 11 / Chapter 38 / Section 47-7
Miss. Code Ann. § 11-47-7
Status: in_force

The clerk, upon filing and recording each notice, shall index the same, both directly and indirectly, under the name of each party, each plaintiff or complainant, against each defendant, and each defendant at the suit of each plaintiff or complainant.
Miss. Code Ann. § 11-43-1 — MS Code / Title 11 / Chapter 29 / Section 43-1
Miss. Code Ann. § 11-43-1
Status: in_force

The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto, except in the cases expressly excepted.
Miss. Code Ann. § 11-51-85 — MS Code / Title 11 / Chapter 7 / Section 51-85
Miss. Code Ann. § 11-51-85
Status: in_force

Either party may appeal to the circuit court of the county from the judgment of any justice court judge if appeal be demanded and bond given within (10) days after the rendition of the judgment. The party taking the appeal shall give bond with a sufficient surety, to be approved by the clerk of the justice court payable to the opposite party, in the penalty of double the amount of the judgment, or double the value of the property involved, and all costs accrued and likely to accrue in the case, and in no case to be less than One Hundred Dollars ($100.00), conditioned for the payment of such judgment as the circuit court may render against him; and the appeal, when demanded and bond given, shall operate as a supersedeas of execution on such judgment. Any defendant against whom a civil judgment may have been entered by a justice court judge who, by reason of his poverty, is not able to give bond may nevertheless appeal from such judgment on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment. The clerk of the justice court shall at once make up a transcript of the record and properly transmit the same to the clerk of the circuit court, within fifteen (15) days after the bond has been filed. In counties where there is a county court, appeals from justice courts shall be to the county court.
Miss. Code Ann. § 11-45-17 — MS Code / Title 11 / Chapter 27 / Section 45-17
Miss. Code Ann. § 11-45-17
Status: in_force

Any county may sue and be sued by its name, and suits against the county shall be instituted in any court having jurisdiction of the amount sitting at the county site; but suit shall not be brought by the county without the authority of the board of supervisors, except as otherwise provided by law.
Miss. Code Ann. § 11-35-39 — MS Code / Title 11 / Chapter 3 / Section 35-39
Miss. Code Ann. § 11-35-39
Status: in_force

The garnishee may plead that the judgment under which the writ of garnishment was issued is void, and if his plea be sustained, no judgment shall be rendered against him.
Miss. Code Ann. § 11-53-11 — MS Code / Title 11 / Chapter 35 / Section 53-11
Miss. Code Ann. § 11-53-11
Status: in_force

The clerk or justice of the peace shall be liable on his official bond to all persons having any claim to or interest in any money so deposited for costs; and for failure to pay over the same, as required, to the person entitled to it, shall, besides any other penalty provided, be liable to be dealt with for contempt by the court in which the deposit was made. A deposit in the hands of a clerk or justice at the expiration of his term of office shall be delivered to his successor.
Miss. Code Ann. § 11-51-99 — MS Code / Title 11 / Chapter 46 / Section 51-99
Miss. Code Ann. § 11-51-99
Status: in_force

The chancery court, in its discretion, may allow executors, administrators, guardians and conservators to appeal money or property judgments or orders against their wards or estates with supersedeas under any existing bond or one set for that purpose; but they shall pay the costs of the lower court including the Supreme Court filing fee.
Miss. Code Ann. § 11-23-27 — MS Code / Title 11 / Chapter 9 / Section 23-27
Miss. Code Ann. § 11-23-27
Status: in_force

A claimant's affidavit may be in the following form, viz.:

State of Mississippi, __________ County:

“Before me, __________, a justice of the peace of said county, __________ makes oath that a certain __________ [here describe the property], levied on by virtue of an execution in favor of __________ against __________, issued by __________, a justice of the peace of said county, on the ___ day of __________, A.D. __________, and now in the hands of __________, a __________ of __________ county, under said execution, is the property of affiant, and is not the property of __________.

“Sworn to and subscribed before me, __________, A.D.____________________, J. P.”
Miss. Code Ann. § 11-43-9 — MS Code / Title 11 / Chapter 23 / Section 43-9
Miss. Code Ann. § 11-43-9
Status: in_force

Application for a writ of habeas corpus shall be by petition, in writing, sworn to by the person for whose relief it is intended, or by someone in his behalf, describing where and by whom he is deprived of liberty, and the facts and circumstances of the restraint, with the ground relied on for relief; and the application shall be made to the judge or chancellor of the district in which the relator is imprisoned, unless good cause be shown in the petition to the contrary. However, any petition filed by an inmate of any training school or hospital attacking his commitment for a claimed denial of a fundamental constitutional right under the Constitution of the State of Mississippi or of the United States which would affect his commitment shall be filed in a court of the county from which he was committed. And, if filed in any other court, the judge of that court shall, if he grants the writ, make it returnable to a court of the county from which the relator was committed; and in the case of a person committed by a youth court, not less than five (5) days' notice prior to hearing shall be given to the county attorney or district attorney of the county of commitment.
Miss. Code Ann. § 11-55-11 — MS Code / Title 11 / Chapter 1 / Section 55-11
Miss. Code Ann. § 11-55-11
Status: in_force

This chapter shall apply in all cases unless attorney's fees are otherwise specifically provided by statute or court rule, in which case the provision allowing the greater award shall prevail.
Miss. Code Ann. § 11-27-11 — MS Code / Title 11 / Chapter 15 / Section 27-11
Miss. Code Ann. § 11-27-11
Status: in_force

The circuit clerk shall deliver a copy of said order of the court fixing the time and place for the hearing to the sheriff of the county and to the official court reporter. The sheriff shall attend the court and execute all process. The court reporter shall take the testimony. The circuit clerk, in the presence of the sheriff and chancery clerk, shall draw from the jury box of the court the names of twenty-four (24) jurors, or such numbers of jurors as shall be ordered by the court, who shall serve in said court, and shall issue a venire facias to the sheriff, commanding him to summon the jurors so drawn to appear at the time and place designated by the order of the court. All acts and actions of the clerk and sheriff, including the return endorsed on each summons issued, shall be filed by the clerk and made a part of the record in the cause.
Miss. Code Ann. § 11-53-25 — MS Code / Title 11 / Chapter 39 / Section 53-25
Miss. Code Ann. § 11-53-25
Status: in_force

The clerk of any court shall move the court to dismiss any cause pending therein in which no step has been taken for the two terms preceding; and the court shall, unless good cause be shown to the contrary, dismiss the same at the costs of the plaintiff or complainant.
Miss. Code Ann. § 11-17-33 — MS Code / Title 11 / Chapter 1 / Section 17-33
Miss. Code Ann. § 11-17-33
Status: in_force

(1) To encourage the exploration and development of the state's mineral resources, upon application, accompanied by sworn affidavit, of one or more persons, firms or corporations claiming or owning any mineral interest in a tract of land and upon which mineral production is desired, the chancery court of the county in which the land, or any part thereof, is located shall have the authority to appoint the chancery clerk as receiver of any mineral interest claimed or owned by any person, or persons, whose whereabouts or identity is unknown, if the court is satisfied after hearing and proof that the said person, or persons, could not be found after diligent search and inquiry and that petitioners will suffer loss, damage or injury unless such receiver is appointed.

(2) Such receiver shall have power and authority, under court order, to execute and deliver to a lessee, determined by the court, a mineral lease on any such outstanding mineral interest, upon such terms and conditions as may be prescribed by the court; provided, however, that the court affirmatively find that the lease taken as a whole shall be at least as favorable to the absent person as other leases in the same tract of land and shall be in the best interest of all parties. It shall be conclusively presumed in every court in this state that the terms and conditions of said lease are reasonable, fair and represent the fair market value of the interests leased. The moneys, if any, paid to such receiver for execution, delay rentals, royalties or any other proceeds of such lease shall be paid immediately upon accrual to the receiver and shall be impounded by said receiver for the use and benefit of such person. The receiver shall hold, preserve and invest any such money so received in the same manner as other moneys held by the chancery clerk and on order of the court shall pay any money so held, with any interest accrued less costs of the receivership, to any person holding a valid claim thereto when said claim is asserted within ten (10) years of the date of the decree establishing the receivership. The official bond of the chancery clerk shall cover any money paid him as such receiver and the chancellor may prescribe such additional bond as he may think proper.

(3) No receiver shall be appointed under the provisions of this section unless all interested parties who are not parties to the petition shall be made defendants and all such defendants shall have been served with process of the court provided by law for cases in chancery court. The summons by publication shall be substantially in the following form:

“THE STATE OF MISSISSIPPI

__________(inserting names of defendants)

You are summoned to appear before the Chancery Court of the County of __________ in said state, on the ___ Monday of __________, A.D. __________, to defend the suit of __________ (et al.) praying the appointment of a receiver of an undivided mineral interest claimed to be owned by you in and under __________(here describe the land) wherein you are a defendant. This the ___ day of __________, A.D.

(4) The costs of the action for appointment of the receiver shall be taxed against the petitioners if they fail to prove their case.

(5) The receivership, once established, shall continue, unless dissolved by the court for good cause, for a period of at least ten (10) years.

(6) This section shall not alter or change any laws now in effect relating to suits for the removal of clouds upon title or the appointment of receivers under any other law, but is cumulative thereof.

(7) The term “tract of land” as used herein shall not be limited to property wherein petitioner owns an undivided interest; but may include any geographic boundary upon which mineral exploration and/or production may be conducted even though the tract may include property in which petitioner has no property interest or any other geographic boundary the court, in its discretion, may deem appropriate.
Miss. Code Ann. § 11-33-61 — MS Code / Title 11 / Chapter 13 / Section 33-61
Miss. Code Ann. § 11-33-61
Status: in_force

The bond to discharge the attachment for a debt due may be in the following form, viz.:

“We, __________ principal, and __________ and __________, as sureties, are held and bound to pay __________ the sum of __________ dollars, unless the said __________ shall satisfy any judgment which may be recovered against him by the said __________ in his attachment suit against the said __________ for __________ dollars, returnable before the circuit court of __________ County, on the ___ day of __________ A.D. __________.”
Miss. Code Ann. § 11-9-1 — MS Code / Title 11 / Chapter 3 / Section 9-1
Miss. Code Ann. § 11-9-1
Status: in_force

Whenever under any statute a writ is made returnable to, or the institution of any suit or proceeding is required to be in, a justice court, general or special, or a circuit or chancery court, or when in respect to such matters any justice court judge, or clerk, or judge or chancellor, or other officer, is empowered to do any act in or about any of said courts, the said writs may be made returnable to the county court in any cause or matter there pending or which, within its jurisdiction, is there to be instituted, and all the said acts of the officers aforesaid may be done in behalf of or in respect to the county court in all such matters and causes to the same extent as had the county court been expressly included in each and every of such statutes first aforementioned.
Miss. Code Ann. § 11-62-13 — MS Code / Title 11 / Chapter 46 / Section 62-13
Miss. Code Ann. § 11-62-13
Status: in_force

A person must bring an action to assert a claim under this chapter not later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person.
Miss. Code Ann. § 11-21-23 — MS Code / Title 11 / Chapter 17 / Section 21-23
Miss. Code Ann. § 11-21-23
Status: in_force

Instead of making an allotment of shares by ballot, the special commissioners may assign shares to the parties entitled, if so directed by the court or chancellor, or if they find it desirable, and in any case, if an equal partition in kind cannot be made otherwise, or so advantageously, the special commissioners may assess the amount of money to be paid by one or more of the cotenants to another or others, so as to equalize their respective shares.
Miss. Code Ann. § 11-51-49 — MS Code / Title 11 / Chapter 21 / Section 51-49
Miss. Code Ann. § 11-51-49
Status: in_force

Appeal bonds may be executed by a corporation by its authorized agent or attorney, in the name of the corporation, without affixing its corporate seal, and such bond, when so executed by the attorney of record of a corporation, shall be held and conclusively presumed to have been executed by the authority of such corporation.
Miss. Code Ann. § 11-43-23 — MS Code / Title 11 / Chapter 27 / Section 43-23
Miss. Code Ann. § 11-43-23
Status: in_force

The writ of habeas corpus shall be returnable forthwith, or on a particular day within a reasonable time, and at a place to be named by the judge granting the writ. But when granted by a circuit judge or chancellor, on the application of any person in custody, before conviction upon a criminal charge under the laws of this state, the judge or chancellor shall cause the writ to be made returnable at a convenient place in the county in which the offense is alleged to have been committed, unless so doing will interfere with his holding of a term of court.
Miss. Code Ann. § 11-13-19 — MS Code / Title 11 / Chapter 1 / Section 13-19
Miss. Code Ann. § 11-13-19
Status: in_force

When an injunction shall be granted to stay the sale of personal property, levied on by virtue of an execution, the chancellor may order the property to be restored to the plaintiff, on his giving bond to the sheriff, in such amount and with sufficient sureties as the judge deems proper, payable to the plaintiff in the execution, and conditioned for the redelivery of the property to the sheriff in case the injunction shall be dissolved. Such bond shall be returned by the sheriff with the execution, and shall have the force and effect of a judgment. Liability thereupon may be enforced by the procedure provided for in the Mississippi Rules of Civil Procedure. In case the property shall not be redelivered to the sheriff within fifteen (15) days after the dissolution of the injunction, the clerk of the court to which the bond was returned shall issue execution thereon for the amount of the assessed value of said property and all costs. But in such case, the lien on the property created by the judgment and the execution and levy, shall remain in force; and the sheriff, on a writ of venditioni exponas, or other order of sale, may seize the property so levied on wherever the same may be found.
Miss. Code Ann. § 11-46-8 — MS Code / Title 11 / Chapter 35 / Section 46-8
Miss. Code Ann. § 11-46-8
Status: in_force

Mississippi Department of Child Protection Services licensed foster parents shall be covered under this chapter for claims made by parties other than the foster child which are based on inadequate supervision or inadequate care of the foster child on the part of the foster parent.
Miss. Code Ann. § 11-45-15 — MS Code / Title 11 / Chapter 35 / Section 45-15
Miss. Code Ann. § 11-45-15
Status: in_force

Any county may have like remedies given to recover any property belonging to it, or damages for injury thereto; and action may be brought in behalf of the county by the county prosecuting attorney or by someone employed therefor by the board of supervisors.
Miss. Code Ann. § 11-7-157 — MS Code / Title 11 / Chapter 1 / Section 7-157
Miss. Code Ann. § 11-7-157
Status: in_force

No special form of verdict is required, and where there has been a substantial compliance with the requirements of the law in rendering a verdict, a judgment shall not be arrested or reversed for mere want of form therein.
Miss. Code Ann. § 11-43-3 — MS Code / Title 11 / Chapter 19 / Section 43-3
Miss. Code Ann. § 11-43-3
Status: in_force

Nothing in this chapter shall authorize the discharge of any person convicted of an offense, or charged with an offense committed in any other part of the United States, and who, agreeably to the Constitution of the United States or the laws of the state, ought to be delivered up to the executive power of the state or territory where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment.

This chapter shall not apply to any collateral relief sought by any person following his conviction of a crime. Such relief shall be governed by the procedures prescribed in the Mississippi Uniform Post-Conviction Collateral Relief Act.

Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradited, a copy of the petition and writ shall be served upon the Attorney General not less than three (3) days before the date and time set for hearing thereon.
Miss. Code Ann. § 11-44-5 — MS Code / Title 11 / Chapter 27 / Section 44-5
Miss. Code Ann. § 11-44-5
Status: in_force

Jurisdiction of all claims of wrongful conviction and imprisonment brought under this chapter shall lie in the circuit court of the county in which the claimant was convicted. The respondent will be the State of Mississippi, which will be represented by the Attorney General's office.
Miss. Code Ann. § 11-49-5 — MS Code / Title 11 / Chapter 35 / Section 49-5
Miss. Code Ann. § 11-49-5
Status: in_force

An attorney or counselor at law shall not be allowed any compensation as a witness in any cause in which he shall be concerned as attorney or counsel.
Miss. Code Ann. § 11-51-31 — MS Code / Title 11 / Chapter 7 / Section 51-31
Miss. Code Ann. § 11-51-31
Status: in_force

(1) A supersedeas shall not be granted in any case pending before the Supreme Court, unless the party applying for it shall give bond as required by the Rules of the Supreme Court.

(2) In civil litigation under any legal theory, the appeal bond to be furnished during the pendency of all appeals or discretionary reviews by any appellate courts in order to stay the execution of any judgment granting legal, equitable, or other relief during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total appeal bond or other forms of security that are required of an appellant shall be in the amount of the judgment, but not to exceed fifty percent (50%) of the net worth of the appellant, and in no event shall the appeal bond exceed Thirty-five Million Dollars ($35,000,000.00).

(3) Notwithstanding subsection (2) of this section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that:

(a) Are necessary to protect the appellee; and

(b) Require the appellant to post a bond in an amount up to the total amount of the judgment.

(4) In this section:

(a) “ Civil litigation ” includes, without limitation, cases involving individual, aggregated, class action, or otherwise joined claims.

(b) “ Legal, equitable, or other relief ” means all forms of relief including, without limitation, compensatory, special, punitive, exemplary or other damages, injunctive relief, or any other form of relief.

(c) “Dissipation of assets” shall not include expenditures, including payments to the owners of a business, of a kind that the appellant made in the regular course of business prior to entry of the judgment being appealed.

(5) The provisions of this section shall apply to all judgments entered on or after July 1, 2016, regardless of the date the civil litigation was filed.
Miss. Code Ann. § 11-43-33 — MS Code / Title 11 / Chapter 13 / Section 43-33
Miss. Code Ann. § 11-43-33
Status: in_force

The judge or chancellor before whom the prisoner or other person may be brought, shall inquire into the cause of imprisonment or detention, and shall either discharge, commit, admit to bail, or remand the prisoner, or award the custody to the party entitled thereto, as the law and the evidence shall require; and may also award costs and charges, for or against either party, as may seem right. And the clerk of the court in whose office the proceedings may be filed, shall issue execution for the costs and charges so awarded, against the party bound therefor. But the judge may continue the trial from day to day as the case may require.
Miss. Code Ann. § 11-27-47 — MS Code / Title 11 / Chapter 27 / Section 27-47
Miss. Code Ann. § 11-27-47
Status: in_force

All companies, associations of persons, municipalities, associations of municipalities, public utility districts authorized by and under the laws of the state of Mississippi, or natural gas districts, incorporated or organized for the purpose of building or constructing pipelines and appliances for the conveying and distribution of oil or gas, including carbon dioxide or other gaseous substances for use in connection with secondary or tertiary recovery projects located within the state of Mississippi for the enhanced recovery of liquid or gaseous hydrocarbons, or for the purpose of constructing, maintaining and operating lines for transmitting electricity for lighting, heating and power purposes, or for the purpose of constructing, maintaining and operating lines and appliances, for storing, transmitting and distributing water and for transmitting, treating and disposing of sewage, are hereby empowered to exercise the right of eminent domain in the manner now provided by law, and to build and construct the said pipelines and appliances along or across highways, waters, railroads, canals and public lands, above or below ground, but not in a manner to be dangerous to persons or property, nor to interfere with the common use of such roads, waters, railroads, canals and public lands.

The board of supervisors of any county through which any such line may pass shall have the power to regulate, within its respective limits, the manner in which such lines and appliances shall be constructed and maintained on and above the highways and bridges of the county. All such companies, associations of persons, municipalities, associations of municipalities, public utility districts authorized by and under the laws of the state of Mississippi or natural gas districts shall be responsible in damages for any injury caused by such construction or use thereof.
Miss. Code Ann. § 11-15-143 — MS Code / Title 11 / Chapter 7 / Section 15-143
Miss. Code Ann. § 11-15-143
Status: in_force

Sections 11-15-1 , 11-15-3 , 11-15-5 , 11-15-7 , 11-15-9 , 11-15-11 , 11-15-13 , 11-15-15 , 11-15-17 , 11-15-19 , 11-15-21 , 11-15-23 , 11-15-25 , 11-15-27 , 11-15-29 , 11-15-31 , 11-15-33 , 11-15-35 and 11-15-37, Mississippi Code of 1972 , which provide for the submission for determination of disputed matter to arbitrators selected by law or agreement, shall not be applicable to those agreements enumerated in Section 11-15-101 .
Miss. Code Ann. § 11-43-17 — MS Code / Title 11 / Chapter 35 / Section 43-17
Miss. Code Ann. § 11-43-17
Status: in_force

The writ may be in substance, as follows, to wit:

“The State of Mississippi, to __________:

“We command you to have the body of __________, by you detained, as it is said, before __________, a judge of our __________ court, at __________, forthwith (or on a given day), to do and receive what may be then and there considered concerning him. Witness my hand,” etc.

And it may be served by such person as the judge granting it may direct, or by the sheriff or any constable, and it shall be served by the delivery of a true copy thereof to the person to whom it is directed, if to be found. And if it be directed to a sheriff or other officer who cannot be found, it may be served by leaving a copy with any deputy or servant of the officer to whom it is directed, at the place where the prisoner or other person is detained; and it shall be returned with an indorsement of service as in other cases.
Miss. Code Ann. § 11-7-175 — MS Code / Title 11 / Chapter 7 / Section 7-175
Miss. Code Ann. § 11-7-175
Status: in_force

Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any ship or vessel, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action, or to proceed in rem against the said ship or vessel, or in personam against the owners thereof, or those having control of her, and to recover damages in respect thereof, then, in every such case the ship or vessel, which, had not death ensued, would have been liable to an action for damages, or to a libel in rem, and her owners, or those responsible for her acts or defaults or negligence to a libel in personam, shall be liable for all damages notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.
Miss. Code Ann. § 11-33-35 — MS Code / Title 11 / Chapter 13 / Section 33-35
Miss. Code Ann. § 11-33-35
Status: in_force

When any creditor whose debt is not due, shall make affidavit of any of the last six grounds for an attachment, or that he has just cause to suspect, and verily believes, that his debtor will remove himself or his effects out of the state before said debt will become payable, with intent to hinder, delay, or defraud his creditors, or that he hath removed, with like intent, leaving property in this state, and shall give bond as in other cases, he may obtain an attachment returnable to the county where the debtor resides, or last resided, or where his property may be found. Such attachment shall be issued, executed, and returned, and the like proceedings had thereon as in other cases of attachment.
Miss. Code Ann. § 11-35-37 — MS Code / Title 11 / Chapter 1 / Section 35-37
Miss. Code Ann. § 11-35-37
Status: in_force

If a garnishee shall pay over or deliver, in pursuance of the judgment or process of the court, any money or property belonging to the defendant, before notice of sale, assignment, or transfer thereof by the defendant to any other person, such garnishee shall not thereafter be liable for the debt or property to the vendee or assignee thereof.
Miss. Code Ann. § 11-33-51 — MS Code / Title 11 / Chapter 27 / Section 33-51
Miss. Code Ann. § 11-33-51
Status: in_force

Where the amount demanded in an untried prior attachment, or the judgment, if the same be tried, shall equal or exceed the value of the property replevied, an execution or other process shall not be issued against the sureties on the replevin bond on a judgment in a subsequent attachment, unless the prior attachment fails, or the judgment therein be satisfied otherwise than by the proceeds of the property replevied.
Miss. Code Ann. § 11-53-43 — MS Code / Title 11 / Chapter 41 / Section 53-43
Miss. Code Ann. § 11-53-43
Status: in_force

Executors and administrators shall be personally liable for the fees which accrue in the administration, and the estates in their hands shall be chargeable with such fees in preference to all other demands. It shall be lawful for the clerk of the chancery court to make out executions for the fees that may become due the officers of court or the publisher of a newspaper at any time in the administration of an estate. Every such execution shall have annexed to it a copy of the bill of costs, specifying the particular items thereof, to be enforced as in other cases.
Miss. Code Ann. § 11-21-33 — MS Code / Title 11 / Chapter 7 / Section 21-33
Miss. Code Ann. § 11-21-33
Status: in_force

In all cases where owelty is allowed, it shall be a lien upon the share of the party charged therewith, which shall be superior to all other liens made or suffered by such party.
Miss. Code Ann. § 11-67-9 — MS Code / Title 11 / Chapter 63 / Section 67-9
Miss. Code Ann. § 11-67-9
Status: in_force

(1) A defendant may file a motion requesting a stay of the proceeding on or before the later of the sixtieth day before the date of trial in the action is set to commence or any other such time for which the defendant has a good faith reasonable basis to request a stay. The motion shall identify the asbestos trust claims not previously identified that the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.

(2) Within ten (10) days of receiving the defendant's motion, the plaintiff shall:

(a) File the asbestos trust claims; or

(b) File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff's reasonably anticipated recovery.

(3)(a) Subject to paragraph (b) of this subsection (3), if the court determines that there is a basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials.

(b) If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff's reasonably anticipated recovery, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by that asbestos trust.

(4) An asbestos action may not be set for trial until at least sixty (60) days after the plaintiff complies with the requirements of this section.
Miss. Code Ann. § 11-53-21 — MS Code / Title 11 / Chapter 21 / Section 53-21
Miss. Code Ann. § 11-53-21
Status: in_force

In cases commenced or continued on an affidavit of poverty, the officers of the court shall perform all the duties required in the prosecution of the suit, and the witnesses shall attend until released; but in the case of failure to prosecute his suit to effect, judgment shall be given against the plaintiff for costs, and execution may be issued as in other cases.
Miss. Code Ann. § 11-59-1 — MS Code / Title 11 / Chapter 55 / Section 59-1
Miss. Code Ann. § 11-59-1
Status: in_force

This chapter may be cited as the Uniform Interstate Depositions and Discovery Act.
Miss. Code Ann. § 11-23-1 — MS Code / Title 11 / Chapter 1 / Section 23-1
Miss. Code Ann. § 11-23-1
Status: in_force

Upon affidavit of a defendant, before pleas filed in any action in a circuit court upon contract or for the recovery of personal property, that a third party, without collusion with him, has a claim to the subject of the action, and that he is ready to pay or dispose of the same as the court may direct, the court may make an order for the safekeeping or payment, or deposit in court, or delivery of the subject matter of the action to such person as it may direct, and an order requiring such third party to be summoned to appear in a reasonable time and maintain or relinquish his claim against the defendant. If such third party, being duly summoned, as provided for in the Mississippi Rules of Civil Procedure, shall fail to appear, the court may declare him barred of all claim in respect to the subject of the action against the defendant therein; but if such third party appear, he shall be allowed to make himself defendant in the action at law instead of the original defendant, who shall be discharged from all liability to either of the other parties, in respect to the subject of the action, upon his compliance with the order of the court for the payment, deposit, or delivery thereof. If the claim of such third party extend to only a part of the subject matter of the action, similar proceedings may be had respecting the part so claimed, and the action shall proceed as to the residue as in other cases.
Miss. Code Ann. § 11-51-87 — MS Code / Title 11 / Chapter 43 / Section 51-87
Miss. Code Ann. § 11-51-87
Status: in_force

The justice court judge may prepare and certify his record to the following effect, viz.:

“Copy of the record of the proceedings before __________, a justice court judge of __________ county, in the case therein set forth, to wit: (here copy the entries on the docket and certify as follows, viz.:)

“State of Mississippi, __________ County:

“I, __________, a justice court judge of the said county, certify that the foregoing is a copy of the record of the proceedings before me in the case stated therein, as appears on my docket.

“Given under my hand, this the ___ day of __________, A.D. __________.
Miss. Code Ann. § 11-51-29 — MS Code / Title 11 / Chapter 25 / Section 51-29
Miss. Code Ann. § 11-51-29
Status: in_force

On appeals from decrees overruling demurrers or other interlocutory orders or decrees, or where the appeal is granted to settle the principles of the case, or on appeals from final judgments of a circuit court in civil cases, or from final decrees of a chancery court including cases where the circuit court or chancery court has acted as an appellate court, the appellant shall prepay all of the costs in the lower court including the cost of the preparation of the record of the proceedings in the trial court, and fee prescribed in Section 25-7-3 , to the clerk of the court from which the appeal is taken.
Miss. Code Ann. § 11-33-1 — MS Code / Title 11 / Chapter 23 / Section 33-1
Miss. Code Ann. § 11-33-1
Status: in_force

The remedy by attachment shall apply to all actions or demands founded upon any indebtedness, or for the recovery of damages for the breach of any contract, express or implied, and to actions founded upon any penal statutes.
Miss. Code Ann. § 11-19-1 — MS Code / Title 11 / Chapter 15 / Section 19-1
Miss. Code Ann. § 11-19-1
Status: in_force

A civil action seeking ejectment as relief may be maintained in all cases where the plaintiff is legally entitled to the possession of the land sued for and demanded.
Miss. Code Ann. § 11-43-25 — MS Code / Title 11 / Chapter 9 / Section 43-25
Miss. Code Ann. § 11-43-25
Status: in_force

Whenever the judge or chancellor, on issuing a writ of habeas corpus, shall be satisfied, by affidavit or otherwise, that the person unlawfully depriving another of his liberty has committed a crime in connection with such unlawful act, he may embody in the writ a warrant for the arrest of such person and have him brought up for examination at the hearing of the habeas corpus; and being satisfied, on the trial and examination, of the guilt of such person, the judge or chancellor shall commit him, or order his release on bail, to appear before the proper court to answer the charge.
Miss. Code Ann. § 11-53-71 — MS Code / Title 11 / Chapter 51 / Section 53-71
Miss. Code Ann. § 11-53-71
Status: in_force

The clerk of the circuit court is required to tax in the bill of costs, after final judgment, all the costs that accrued on the trial before a justice of the peace, or before any other inferior tribunal or court, in all cases carried to the circuit court by appeal or by certiorari, and include the same in the execution issued for the costs accruing in the case in the circuit court.
Miss. Code Ann. § 11-51-11 — MS Code / Title 11 / Chapter 51 / Section 51-11
Miss. Code Ann. § 11-51-11
Status: in_force

(1) A person ordered by any tribunal, except the Supreme Court, to be punished for a contempt, may appeal to the court to which other cases are appealable from said tribunal. Where the punishment is either a fine only, or jail confinement only, the appeal shall be allowed upon the posting of a bond, payable to the state, with sufficient sureties, not exceeding One Thousand Dollars ($1,000.00), conditioned to abide the results of the appeal. Where the punishment is both a fine and jail confinement, the appeal shall be allowed upon the posting of a bond, not exceeding Two Thousand Dollars ($2,000.00), conditioned to appear in the court to which the appeal is prosecuted and to abide the results of such appeal.

(2) The amount of the bonds provided for in subsection (1) of this section shall be fixed by the tribunal appealed from, shall be approved by the sheriff or other officer in whose custody the appellant may be and shall not be construed as a limitation on the amount of any fine which may be imposed.

(3) All appeals allowed in accordance with the provisions of this section shall operate as a supersedeas.

(4) The burden of proof in criminal contempt shall be proof beyond a reasonable doubt. A contemnor shall not be entitled to a jury trial unless the contemnor requests a jury trial and unless the fine exceeds Five Hundred Dollars ($500.00), or the imprisonment exceeds six (6) months.
Miss. Code Ann. § 11-71-5 — MS Code / Title 11 / Chapter 1 / Section 71-5
Miss. Code Ann. § 11-71-5
Status: in_force

<For expiration of this section, see Historical and Statutory Notes.>

(1) A person, or agent of that person, who attempts in good faith to follow applicable public health guidance shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services.

(2) A person, or agent of that person, shall be immune from suit for civil damages for injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services in the time before applicable public health guidance was available.

(3) An owner, lessee, occupant or any other person in control of a premises, who attempts, in good faith, to follow applicable public health guidance and directly or indirectly invites or permits any person onto a premises shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19.
Miss. Code Ann. § 11-35-9 — MS Code / Title 11 / Chapter 1 / Section 35-9
Miss. Code Ann. § 11-35-9
Status: in_force

A writ of garnishment, whether issued in a case of attachment or on a judgment or decree, shall be served as a summons is required by law to be executed; but if the garnishee be not personally served, and make default, judgment nisi shall be rendered against him, and a scire facias awarded, returnable to the next term, unless the court be satisfied that the garnishee can be personally served at once, in which case it may be returnable instanter.
Miss. Code Ann. § 11-43-1 — MS Code / Title 11 / Chapter 17 / Section 43-1
Miss. Code Ann. § 11-43-1
Status: in_force

The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto, except in the cases expressly excepted.
Miss. Code Ann. § 11-73-9 — MS Code / Title 11 / Chapter 1 / Section 73-9
Miss. Code Ann. § 11-73-9
Status: in_force

This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.
Miss. Code Ann. § 11-21-77 — MS Code / Title 11 / Chapter 17 / Section 21-77
Miss. Code Ann. § 11-21-77
Status: in_force

If the petitioner make affidavit at the commencement of his suit, or afterwards, of his right as a tenant in common, and that there is danger of the removal of the property, so as to defeat or endanger his right, the county court or the justice of the peace, as the case may be, shall issue a writ for the seizure of the property; and if the person having it in possession will not give a bond with sufficient sureties, approved by the officer executing the writ, conditioned to have the property forthcoming to abide the final order which shall be made in the case, payable to the petitioner, in a sum sufficient to cover his interest in the property, it shall be delivered to petitioner on his giving a bond, payable to the person from whom it was taken, with sufficient sureties, approved as above provided, in a penalty equal to the value of the interest of such person, conditioned to have the property before the county court or the justice of the peace, as the case may be, to abide the final order in the case; but if neither party give the required bond, the property shall remain in the hands of the officer, unless it be perishable or expensive to keep, in which case it shall be sold, as such property seized under attachment is sold, and the proceeds of the sale shall be disposed of according to the rights of the parties.
Miss. Code Ann. § 11-45-7 — MS Code / Title 11 / Chapter 38 / Section 45-7
Miss. Code Ann. § 11-45-7
Status: in_force

If any person shall unlawfully enter on, and intrude upon or hold land belonging to the state, or take possession of or hold any personal property belonging to the state, such person may be proceeded against by action to be instituted by the district attorney of the district, or by the escheator of the county in a proper case. On the trial of the issue, the court or jury shall assess damages for rents and profits, and for injury done to the property by the despoilment of the timber or otherwise. If the trespass complained of be the cutting, belting, girdling, boxing, or otherwise injuring the timber, triple damages shall be recovered.
Miss. Code Ann. § 11-46-8 — MS Code / Title 11 / Chapter 46 / Section 46-8
Miss. Code Ann. § 11-46-8
Status: in_force

Mississippi Department of Child Protection Services licensed foster parents shall be covered under this chapter for claims made by parties other than the foster child which are based on inadequate supervision or inadequate care of the foster child on the part of the foster parent.
Miss. Code Ann. § 11-27-29 — MS Code / Title 11 / Chapter 23 / Section 27-29
Miss. Code Ann. § 11-27-29
Status: in_force

(1) Every party shall have the right to appeal directly to the Supreme Court from the judgment entered in the special court of eminent domain, whether tried in county court or circuit court, by giving notice within ten (10) days from the date of the judgment or final order entered by the court to the court reporter to transcribe the record as taken and by prepaying all costs that may be adjudged against him; and said notice to the court reporter shall be given and the costs shall be paid as is otherwise required by law for appeals to the Supreme Court. If the judgment be in excess of the sum, if any, deposited, and the plaintiff, other than the State of Mississippi or any political subdivision thereof, desires an appeal, he shall deposit a sum, or a good and sufficient surety bond with a surety company authorized to do business in the State of Mississippi acceptable to the clerk, equal to double the amount of the judgment, less the amount of the deposit, if any, which shall be held exclusively to secure all damages assessed against plaintiff. In any case where the deposit exceeds the compensation to be paid the defendants as determined by the final judgment, the excess shall be returned to the plaintiff. If the appeal is by the defendant, it shall not operate as a supersedeas, nor shall the right of the plaintiff to enter in and upon the land and to appropriate the same to public use be delayed. If the appeal be by the State of Mississippi or any political subdivision thereof, no bond or prepayment of costs shall be required, except the Supreme Court filing fee as required by Section 25-7-3 .

(2) The term of a special court of eminent domain shall begin when the court is convened as provided by statute and shall continue for ten (10) days immediately following the entry and filing of a judgment or final order with the clerk of the court, and thereafter the court shall have jurisdiction to dispose of any post trial motions or proceedings filed within said ten (10) days. The jurisdiction of a special court of eminent domain shall expire upon the entry and filing with the clerk of a final judgment or order disposing of any post trial motions or proceedings.
Miss. Code Ann. § 11-45-17 — MS Code / Title 11 / Chapter 38 / Section 45-17
Miss. Code Ann. § 11-45-17
Status: in_force

Any county may sue and be sued by its name, and suits against the county shall be instituted in any court having jurisdiction of the amount sitting at the county site; but suit shall not be brought by the county without the authority of the board of supervisors, except as otherwise provided by law.
Miss. Code Ann. § 11-46-9 — MS Code / Title 11 / Chapter 1 / Section 46-9
Miss. Code Ann. § 11-46-9
Status: in_force

(1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim:

(a) Arising out of a legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;

(b) Arising out of any act or omission of an employee of a governmental entity exercising ordinary care in reliance upon, or in the execution or performance of, or in the failure to execute or perform, a statute, ordinance or regulation, whether or not the statute, ordinance or regulation be valid;

(c) Arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury;

(d) Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused;

(e) Arising out of an injury caused by adopting or failing to adopt a statute, ordinance or regulation;

(f) Which is limited or barred by the provisions of any other law;

(g) Arising out of the exercise of discretion in determining whether or not to seek or provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;

(h) Arising out of the issuance, denial, suspension or revocation of, or the failure or refusal to issue, deny, suspend or revoke any privilege, ticket, pass, permit, license, certificate, approval, order or similar authorization where the governmental entity or its employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked unless such issuance, denial, suspension or revocation, or failure or refusal thereof, is of a malicious or arbitrary and capricious nature;

(i) Arising out of the assessment or collection of any tax or fee;

(j) Arising out of the detention of any goods or merchandise by any law enforcement officer, unless such detention is of a malicious or arbitrary and capricious nature;

(k) Arising out of the imposition or establishment of a quarantine, whether such quarantine relates to persons or property;

(l) Of any claimant who is an employee of a governmental entity and whose injury is covered by the Workers' Compensation Law of this state by benefits furnished by the governmental entity by which he is employed;

(m) Of any claimant who at the time the claim arises is an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution, regardless of whether such claimant is or is not an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution when the claim is filed;

(n) Arising out of any work performed by a person convicted of a crime when the work is performed pursuant to any sentence or order of any court or pursuant to laws of the State of Mississippi authorizing or requiring such work;

(o) Under circumstances where liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability, including, but not limited to, any claim based on activities of the Mississippi National Guard when such claim is cognizable under the National Guard Tort Claims Act of the United States, 32 USCS 715 ( 32 USCS 715 ), or when such claim accrues as a result of active federal service or state service at the call of the Governor for quelling riots and civil disturbances;

(p) Arising out of a plan or design for construction or improvements to public property, including, but not limited to, public buildings, highways, roads, streets, bridges, levees, dikes, dams, impoundments, drainage channels, diversion channels, harbors, ports, wharfs or docks, where such plan or design has been approved in advance of the construction or improvement by the legislative body or governing authority of a governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval, and where such plan or design is in conformity with engineering or design standards in effect at the time of preparation of the plan or design;

(q) Arising out of an injury caused solely by the effect of weather conditions on the use of streets and highways;

(r) Arising out of the lack of adequate personnel or facilities at a state hospital or state corrections facility if reasonable use of available appropriations has been made to provide such personnel or facilities;

(s) Arising out of loss, damage or destruction of property of a patient or inmate of a state institution;

(t) Arising out of any loss of benefits or compensation due under a program of public assistance or public welfare;

(u) Arising out of or resulting from riots, unlawful assemblies, unlawful public demonstrations, mob violence or civil disturbances;

(v) Arising out of an injury caused by a dangerous condition on property of the governmental entity that was not caused by the negligent or other wrongful conduct of an employee of the governmental entity or of which the governmental entity did not have notice, either actual or constructive, and adequate opportunity to protect or warn against; provided, however, that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care;

(w) Arising out of the absence, condition, malfunction or removal by third parties of any sign, signal, warning device, illumination device, guardrail or median barrier, unless the absence, condition, malfunction or removal is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice;

(x) Arising out of the administration of corporal punishment or the taking of any action to maintain control and discipline of students, as defined in Section 37-11-57 , by a teacher, assistant teacher, principal or assistant principal of a public school district in the state unless the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety; or

(y) Arising out of the construction, maintenance or operation of any highway, bridge or roadway project entered into by the Mississippi Transportation Commission or other governmental entity and a company under the provisions of Section 65-43-1 or 65-43-3 , where the act or omission occurs during the term of any such contract.

(2) A governmental entity shall also not be liable for any claim where the governmental entity:

(a) Is inactive and dormant;

(b) Receives no revenue;

(c) Has no employees; and

(d) Owns no property.

(3) If a governmental entity exempt from liability by subsection (2) becomes active, receives income, hires employees or acquires any property, such governmental entity shall no longer be exempt from liability as provided in subsection (2) and shall be subject to the provisions of this chapter.
Miss. Code Ann. § 11-53-7 — MS Code / Title 11 / Chapter 45 / Section 53-7
Miss. Code Ann. § 11-53-7
Status: in_force

The foregoing provisions as to securing or paying costs before suit brought, and requiring security for costs after suit commenced, and as to rendering judgment against the plaintiff and surety, shall apply to justices of the peace, and the courts held by them as such, or in proceedings in unlawful entry and detainer, or in any other proceeding; but in those courts the security, when required after the commencement of a suit, shall be given within ten days after the order of the court made for that purpose.
Miss. Code Ann. § 11-23-23 — MS Code / Title 11 / Chapter 9 / Section 23-23
Miss. Code Ann. § 11-23-23
Status: in_force

If the claimant shall not be a resident of the county in which the execution is issued, and the property be levied on in the county of his residence, the venue for the trial of the issue may be changed, on his application, to the circuit court of the county of his residence, and the result shall be certified to the court. The procedure governing a claimant's objection to venue and transfer thereof shall be as provided for in the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-59-13 — MS Code / Title 11 / Chapter 38 / Section 59-13
Miss. Code Ann. § 11-59-13
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Miss. Code Ann. § 11-27-83 — MS Code / Title 11 / Chapter 23 / Section 27-83
Miss. Code Ann. § 11-27-83
Status: in_force

If a plaintiff eligible to claim the right of immediate possession under the provisions of Sections 11-27-81 through 11-27-89 shall desire immediate possession of the property sought to be condemned, other than property devoted to a public use, the plaintiff shall so state in the complaint to condemn property filed with the circuit clerk pursuant to Sections 11-27-1 through 11-27-49, Mississippi Code of 1972 , and shall therein make and substantiate the following declaration concerning the governmental project for which the property is being condemned:

That the plaintiff shall suffer irreparable harm and delay by exercising the right to condemn said property through eminent domain proceedings pursuant to Sections 11-27-1 through 11-27-49 , as opposed to claiming the right of immediate possession of said property pursuant to Sections 11-27-81 through 11-27-89 .

The court, or the judge thereof in vacation, as soon as practicable after being satisfied that service of process has been obtained, shall appoint a disinterested, knowledgeable person qualified to make an appraisal of the property described in the complaint to act as appraiser. The appraiser, after viewing the property, shall return to the clerk of court within ten (10) days after his appointment, his report in triplicate, under oath, which report shall state: (1) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the appraiser; and (3) his opinion as to the highest and best use of the property, and a narrative of the facts pertaining to his appraisal.
Miss. Code Ann. § 11-59-9 — MS Code / Title 11 / Chapter 53 / Section 59-9
Miss. Code Ann. § 11-59-9
Status: in_force

Rule 45 of the Mississippi Rules of Civil Procedure and Rule 2.01 of the Uniform Rules of Circuit and County Court Practice apply to subpoenas issued under Section 11-59-5 .
Miss. Code Ann. § 11-13-33 — MS Code / Title 11 / Chapter 5 / Section 13-33
Miss. Code Ann. § 11-13-33
Status: in_force

A bond to enjoin proceedings at law on a judgment for money, upon the dissolution of the injunction, in whole or in part, shall have the force and effect of a judgment against the obligors; and liability of such sureties may be enforced under the procedure provided for in the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-43-55 — MS Code / Title 11 / Chapter 43 / Section 43-55
Miss. Code Ann. § 11-43-55
Status: in_force

An appeal from a judgment on the trial of a writ of habeas corpus may be had by or in behalf of the person deprived of his liberty on the same terms and conditions as are provided for in criminal cases; but such appeal shall not entitle a party to be discharged on bail in any case held not to be one in which the party is entitled to bail. In all other cases, an appeal from a judgment on trial of a writ of habeas corpus may be had on their terms prescribed for appeals in civil cases, where a supersedeas is not desired.
Miss. Code Ann. § 11-35-47 — MS Code / Title 11 / Chapter 31 / Section 35-47
Miss. Code Ann. § 11-35-47
Status: in_force

The defendant may contest, in writing, the answer of the garnishee, and may allege that the garnishee is indebted to him in a larger sum than he has admitted, or that he holds property of his not admitted by the answer, and shall specify in what particular the answer is untrue or defective. Thereupon an issue shall be made up and tried; but the plaintiff may take judgment for the sum admitted by the garnishee, or for the condemnation of the property admitted to be in his hands, notwithstanding the contest.
Miss. Code Ann. § 11-35-37 — MS Code / Title 11 / Chapter 11 / Section 35-37
Miss. Code Ann. § 11-35-37
Status: in_force

If a garnishee shall pay over or deliver, in pursuance of the judgment or process of the court, any money or property belonging to the defendant, before notice of sale, assignment, or transfer thereof by the defendant to any other person, such garnishee shall not thereafter be liable for the debt or property to the vendee or assignee thereof.
Miss. Code Ann. § 11-55-7 — MS Code / Title 11 / Chapter 27 / Section 55-7
Miss. Code Ann. § 11-55-7
Status: in_force

In determining the amount of an award of costs or attorney's fees, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorney's fees and costs and the amount to be assessed:

(a) The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted, and the time remaining within which the claim or defense could be filed;

(b) The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid;

(c) The availability of facts to assist in determining the validity of an action, claim or defense;

(d) Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose;

(e) Whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict;

(f) The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy;

(g) The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing;

(h) The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court;

(i) The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action;

(j) The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and

(k) The period of time available to the attorney for the party asserting any defense before such defense was interposed.
Miss. Code Ann. § 11-57-5 — MS Code / Title 11 / Chapter 43 / Section 57-5
Miss. Code Ann. § 11-57-5
Status: in_force

Not less than three (3) days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (14) points, setting forth:

(a) The amounts and due dates of the structured settlement payments to be transferred;

(b) The aggregate amount of such payments;

(c) The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the Applicable Federal Rate used in calculating such discounted present value;

(d) The gross advance amount;

(e) An itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursement payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;

(f) The net advance amount;

(g) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and

(h) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
Miss. Code Ann. § 11-73-9 — MS Code / Title 11 / Chapter 62 / Section 73-9
Miss. Code Ann. § 11-73-9
Status: in_force

This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.
Miss. Code Ann. § 11-33-55 — MS Code / Title 11 / Chapter 11 / Section 33-55
Miss. Code Ann. § 11-33-55
Status: in_force

If the value of the property be paid by the sureties, or the property surrendered as provided in the bond, the judgment in the subsequent attachment shall, as to the sureties on the replevin bond, be satisfied.
Miss. Code Ann. § 11-77-3 — MS Code / Title 11 / Chapter 43 / Section 77-3
Miss. Code Ann. § 11-77-3
Status: in_force

The following words shall have the meanings described herein:

(a) “ Commercial entity ” includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.

(b) “ Distribute ” means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.

(c) “ Internet ” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

(d) “ Material harmful to minors ” is defined as all of the following:

(i) Any material that the average person, applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.

(ii) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:

1. Pubic hair, anus, vulva, genitals, or nipple of the female breast.

2. Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals.

3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.

(iii) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

(e) “ Minor ” means any person under the age of eighteen (18) years.

(f) “ News-gathering organization ” means any of the following:

(i) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph, who can provide documentation of such employment with the newspaper, news publication, or news source.

(ii) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subparagraph, who can provide documentation of such employment.

(g) “ Publish ” means to communicate or make information available to another person or entity on a publicly available internet website.

(h) “ Reasonable age verification methods ” include verifying that the person seeking to access the material is eighteen (18) years of age or older by using any of the following methods:

(i) Provide a digitized identification card;

(ii) Require the person attempting to access the material to comply with a commercial age verification system that verifies in one or more of the following ways:

1. Government-issued identification; or

2. Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the information is at least eighteen (18) years of age or older.

(i) “ Substantial portion ” means more than thirty-three and one-third (33- 1 / 3 ) percent of total material on a website, which meets the definition of “material harmful to minors” as defined by this section.

(j) “ Transactional data ” means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. Transactional data can include, but is not limited to, records from mortgage, education, and employment entities.
Miss. Code Ann. § 11-33-17 — MS Code / Title 11 / Chapter 11 / Section 33-17
Miss. Code Ann. § 11-33-17
Status: in_force

On affidavit being made and bond given, the officer approving the bond shall issue one or more writs of attachment against the estate of the debtor, directed to the sheriff, or any other proper officer of the county or counties in which the defendant shall have property or debts, and shall be returnable to the next term of the circuit court of any county, or to the justice court of any county, in cases within the jurisdiction of the justice court, in which the defendant or property or debts of the defendant may be found and shall be the leading process of the suit.
Miss. Code Ann. § 11-33-1 — MS Code / Title 11 / Chapter 13 / Section 33-1
Miss. Code Ann. § 11-33-1
Status: in_force

The remedy by attachment shall apply to all actions or demands founded upon any indebtedness, or for the recovery of damages for the breach of any contract, express or implied, and to actions founded upon any penal statutes.
Miss. Code Ann. § 11-51-59 — MS Code / Title 11 / Chapter 31 / Section 51-59
Miss. Code Ann. § 11-51-59
Status: in_force

When an appeal shall be taken, and bond for stay of execution given, the clerk shall not issue execution on the judgment or decree appealed from until such stay shall end or be discharged. If execution had been issued before the bond for stay of execution was given, the clerk shall issue a command to the officer in whose hands the execution may be to desist from enforcing it, and to surrender any property seized under it to the person from whom it was taken or who may be entitled to it.
Miss. Code Ann. § 11-27-89 — MS Code / Title 11 / Chapter 3 / Section 27-89
Miss. Code Ann. § 11-27-89
Status: in_force

The appraiser shall receive as compensation for his services such sum, plus expenses, as the court allows, which shall be taxed as cost in the proceedings. The sum allowed shall be based upon the degree of difficulty and the time required to perform the appraisal, but may not exceed One Thousand Dollars ($1,000.00) unless, in the opinion of the court, special circumstances warrant a greater sum. An order granting a sum greater than One Thousand Dollars ($1,000.00) must describe in detail the special circumstances that warrant payment of a greater sum.

The making of a deposit by the plaintiff or the withdrawal of said deposit by the defendant or defendants shall not prejudice the right of any party to a trial by jury in the special court of eminent domain to determine the fair market value of the property to be condemned and the damages, if any, to the remainder if less than the whole is taken, as provided in Sections 11-27-1 through 11-27-49, Mississippi Code of 1972 .
Miss. Code Ann. § 11-19-25 — MS Code / Title 11 / Chapter 11 / Section 19-25
Miss. Code Ann. § 11-19-25
Status: in_force

“The State of Mississippi

In the circuit court

___term,

County of __________

A.D. ___

“A B, plaintiff, claims the right to possession of a tract of land, situated in __________ County, containing __________ acres, more or less, and being more particularly described as follows: (here insert legal description of premises); and that the defendant wrongfully deprives him of the possession thereof, for which damage in the amount of __________ Dollars are here demanded.

If mesne profits be demanded, add to the above form the following:

“And the plaintiff also demands of the defendant the sum of __________ Dollars for the use and occupation of the said land by the defendant.”
Miss. Code Ann. § 11-53-81 — MS Code / Title 11 / Chapter 15 / Section 53-81
Miss. Code Ann. § 11-53-81
Status: in_force

When any person fails to pay an open account within thirty (30) days after receipt of written demand therefor correctly setting forth the amount owed and an itemized statement of the account in support thereof, that person shall be liable for reasonable attorney's fees to be set by the judge for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the plaintiff. Evidence of receipt of written demand by the spouse of the debtor when they are living together as husband and wife on behalf of the debtor may be introduced as evidence of written demand on the debtor. If that person sued on the open account shall prevail in the suit, he shall be entitled to reasonable attorney's fees to be set by the judge.

If delivery of written demand on the debtor is attempted, but not accomplished because circumstances made delivery of written demand impossible, a notation, on the envelope containing the written demand, made by the person attempting delivery stating the date of the attempted delivery, the reasons why delivery could not be accomplished along with the initials of the person attempting delivery and making said notation may be introduced as evidence of written demand on the debtor, and if the judge in his discretion finds that sufficient evidence of due diligence in delivery of written demand has been made, he may make a conclusion of written demand for purposes of justice and find that there has been written demand on the debtor.
Miss. Code Ann. § 11-67-5 — MS Code / Title 11 / Chapter 44 / Section 67-5
Miss. Code Ann. § 11-67-5
Status: in_force

The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise:

(a) “ Asbestos ” includes, without limitation, chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR 1910 at the time the asbestos action is filed.

(b) “ Asbestos action ” means a claim for damages or other civil or equitable relief presented in a civil action by a plaintiff arising out of, based on, or related to the health effects of exposure to asbestos, including, but not limited to, loss of consortium, wrongful death, mental or emotional injury.

(c) “ Asbestos trust ” means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. 524(g) or 11 U.S.C. 1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.

(d) “ Asbestos trust claim ” includes, but is not limited to, any claim or demand for compensation for asbestos-related injuries from an asbestos trust.

(e) “ Plaintiff ” means the exposed person, deceased or living, and the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate, or a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual.

(f) “ Trust materials ” means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust and any other information that the plaintiff submits to the asbestos trust, including claims forms and supplementary materials, affidavits, correspondence, depositions and trial testimony, work history, medical and health records, documents reflecting the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents relating to the settlement of the trust claim.

(g) “ Trust governance documents ” means all documents that relate to eligibility and payment levels, including, but not limited to, claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
Miss. Code Ann. § 11-57-7 — MS Code / Title 11 / Chapter 47 / Section 57-7
Miss. Code Ann. § 11-57-7
Status: in_force

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by such court or responsible administrative authority that:

(a) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;

(b) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and

(c) The transfer does not contravene any applicable statute or the order of any court or other government authority.
Miss. Code Ann. § 11-33-23 — MS Code / Title 11 / Chapter 23 / Section 33-23
Miss. Code Ann. § 11-33-23
Status: in_force

The officer receiving the writ of attachment shall forthwith levy the same, according to law, on the property of the defendant, real and personal, wherever found; and he shall summon as garnishees, by writs of garnishment, to be issued and served by himself, and duly returned, all persons indebted to the defendant, or having in possession effects belonging to him, to appear at the court to which the attachment is returnable, there to answer as required by law; and he shall seize the books of accounts and other evidence of debt belonging to the defendant and levy on the stock, shares, or interest of the defendant in any corporation, joint-stock company, or copartnership. All the property, debts, choses in action, stock, shares, and interest of the defendant attached, shall be bound by the levy from the date thereof.
Miss. Code Ann. § 11-46-5 — MS Code / Title 11 / Chapter 31 / Section 46-5
Miss. Code Ann. § 11-46-5
Status: in_force

(1) Notwithstanding the immunity granted in Section 11-46-3 , or the provisions of any other law to the contrary, the immunity of the state and its political subdivisions from claims for money damages arising out of the torts of such governmental entities and the torts of their employees while acting within the course and scope of their employment is hereby waived from and after July 1, 1993, as to the state, and from and after October 1, 1993, as to political subdivisions; provided, however, immunity of a governmental entity in any such case shall be waived only to the extent of the maximum amount of liability provided for in Section 11-46-15 .

(2) For the purposes of this chapter an employee shall not be considered as acting within the course and scope of his employment and a governmental entity shall not be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted fraud, malice, libel, slander, defamation or any criminal offense other than traffic violations.

(3) For the purposes of this chapter and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment, except for actions described in subsection (2) of Section 73-25-33 and subsection (5) of this section.

(4) Nothing contained in this chapter shall be construed to waive the immunity of the state from suit in federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.

(5) For purposes of this chapter, an employee shall not be considered as acting within the course and scope of his or her employment and a governmental entity shall be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted a violation of Title 41, Chapter 141, Mississippi Code of 1972 .
Miss. Code Ann. § 11-43-51 — MS Code / Title 11 / Chapter 35 / Section 43-51
Miss. Code Ann. § 11-43-51
Status: in_force

Witnesses in a habeas corpus case shall be subject to the same penalties, and be entitled to the same privileges and compensation, and be paid in the same way, as in other cases. They may prove their attendance before the clerk in whose office the record of the proceeding is filed, and obtain from him a certificate of their attendance and of the compensation to which they are entitled, as in cases in the circuit courts; or the judge trying the case may give the witnesses certificates of their attendance and the compensation to which they are entitled, which shall have the same effect as such certificates in a like case by the clerk.
Miss. Code Ann. § 11-46-19 — MS Code / Title 11 / Chapter 1 / Section 46-19
Miss. Code Ann. § 11-46-19
Status: repealed

(1) The board shall have the following powers:

(a) To provide oversight over the Tort Claims Fund;

(b) To approve any award made from the Tort Claims Fund;

(c) To pay all necessary expenses attributable to the operation of the Tort Claims Fund from such fund;

(d) To assign litigated claims against governmental entities other than political subdivisions to competent attorneys unless such governmental entity has a staff attorney who is competent to represent the governmental entity and is approved by the board; the board shall give primary consideration to attorneys practicing in the jurisdiction where the claim arose in assigning cases; attorneys hired to represent a governmental entity other than a political subdivision shall be paid according to the department fee schedule;

(e) To approve all claimants' attorney fees in claims against the state;

(f) To employ on a full-time basis a staff attorney who shall possess the minimum qualifications required to be a member of The Mississippi Bar, and such other staff as it may deem necessary to carry out the purposes of this chapter; the employees in the positions approved by the board shall be hired by the director, shall be employees of the department, and shall be compensated from the Tort Claims Fund;

(g) To contract with one or more reputable insurance consulting firms as may be necessary;

(h) To purchase any policies of liability insurance and to administer any plan of self-insurance or policies of liability insurance required for the protection of the state against claims and suits brought under this chapter;

(i) To expend money from the Tort Claims Fund for the purchase of any policies of liability insurance and the payment of any award or settlement of a claim against the state under the provisions of this chapter or of a claim against any school district, junior college or community college district, or state agency, arising from the operation of school buses or other vehicles, under the provisions of Section 37-41-42 ;

(j) To cancel, modify or replace any policy or policies of liability insurance procured by the board;

(k) To issue certificates of coverage to governmental entities, including any political subdivision participating in any plan of liability protection approved by the board;

(l) To review and approve or reject any plan of liability insurance or self-insurance reserves proposed or provided by political subdivisions if such plan is intended to serve as security for risks of claims and suits against them for which immunity has been waived under this chapter;

(m) To administer disposition of claims against the Tort Claims Fund;

(n) To withhold issuance of any warrants payable from funds of a participating state entity should such entity fail to make required contributions to the Tort Claims Fund in the time and manner prescribed by the board;

(o) To develop a comprehensive statewide list of attorneys who are qualified to represent the state and any employee thereof named as a defendant in a claim brought under this chapter against the state or such employee;

(p) To develop a schedule of fees for paying attorneys defending claims against the state or an employee thereof;

(q) To adopt and promulgate such reasonable rules and regulations and to do and perform all such acts as are necessary to carry out its powers and duties under this chapter;

(r) To establish and assess premiums to be paid by governmental entities required to participate in the Tort Claims Fund;

(s) To contract with a third-party administrator to process claims against the state under this chapter;

(t) To annually submit its budget request to the Legislature as a state agency;

(u) To dispose of salvage obtained in settlement or payment of any claim at fair market value by such means and upon such terms as the board may think best; and

(v) Repealed.

(2) Policies of liability insurance purchased for the protection of governmental entities against claims and suits brought under this chapter shall be purchased pursuant to the competitive bidding procedures set forth in Section 31-7-13 .

(3) The department shall have the following powers and duties:

(a) To annually report to the Legislature concerning each comprehensive plan of liability protection established pursuant to Section 11-46-17(2) . Such report shall include a comprehensive analysis of the cost of the plan, a breakdown of the cost to participating state entities, and such other information as the department may deem necessary.

(b) To provide the board with any staff and meeting facilities as may be necessary to carry out the duties of the board as provided in this chapter.

(c) To submit the board's budget request for the initial year of operation of the board in order to authorize expenditures for the 1993-1994 fiscal year and for the appropriation of such general funds as shall be required for the commencement of its activities.
Miss. Code Ann. § 11-53-43 — MS Code / Title 11 / Chapter 19 / Section 53-43
Miss. Code Ann. § 11-53-43
Status: in_force

Executors and administrators shall be personally liable for the fees which accrue in the administration, and the estates in their hands shall be chargeable with such fees in preference to all other demands. It shall be lawful for the clerk of the chancery court to make out executions for the fees that may become due the officers of court or the publisher of a newspaper at any time in the administration of an estate. Every such execution shall have annexed to it a copy of the bill of costs, specifying the particular items thereof, to be enforced as in other cases.
Miss. Code Ann. § 11-43-39 — MS Code / Title 11 / Chapter 17 / Section 43-39
Miss. Code Ann. § 11-43-39
Status: in_force

The judge or chancellor may issue or order subpoenas for witnesses and compel their attendance, as a circuit court could in term time, and fine witnesses or others for contempt. Whenever the personal attendance of a witness cannot be procured, his affidavit, taken on reasonable notice to the adverse party, may be received in evidence.
Miss. Code Ann. § 11-25-119 — MS Code / Title 11 / Chapter 25 / Section 25-119
Miss. Code Ann. § 11-25-119
Status: in_force

A judgment rendered in a suit of unlawful entry or detainer, either for the plaintiff or defendant, shall not bar any action in the circuit court between the same parties, respecting the same land; nor shall any judgment given therein be held conclusive of the facts found in any other action between the same parties.
Miss. Code Ann. § 11-77-5 — MS Code / Title 11 / Chapter 38 / Section 77-5
Miss. Code Ann. § 11-77-5
Status: in_force

(1) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.

(2) Any commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material.

(3)(a) Any commercial entity that is found to have violated this section shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court.

(b) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.
Miss. Code Ann. § 11-53-43 — MS Code / Title 11 / Chapter 35 / Section 53-43
Miss. Code Ann. § 11-53-43
Status: in_force

Executors and administrators shall be personally liable for the fees which accrue in the administration, and the estates in their hands shall be chargeable with such fees in preference to all other demands. It shall be lawful for the clerk of the chancery court to make out executions for the fees that may become due the officers of court or the publisher of a newspaper at any time in the administration of an estate. Every such execution shall have annexed to it a copy of the bill of costs, specifying the particular items thereof, to be enforced as in other cases.
Miss. Code Ann. § 11-59-1 — MS Code / Title 11 / Chapter 45 / Section 59-1
Miss. Code Ann. § 11-59-1
Status: in_force

This chapter may be cited as the Uniform Interstate Depositions and Discovery Act.
Miss. Code Ann. § 11-21-11 — MS Code / Title 11 / Chapter 7 / Section 21-11
Miss. Code Ann. § 11-21-11
Status: in_force

If, upon hearing, the court be of the opinion that a sale of the lands, or any part thereof, will better promote the interest of all parties than a partition in kind, or if the court be satisfied that an equal division cannot be made, it shall order a sale of the lands, or such part thereof as may be deemed proper, and a division of the proceeds among the cotenants according to their respective interests. The court may appoint a master to make the sale, and may make all proper orders to protect the rights of the parties interested. The court may order the sale of a part of the land and the partition in kind of the residue.

Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.
Miss. Code Ann. § 11-38-9 — MS Code / Title 11 / Chapter 7 / Section 38-9
Miss. Code Ann. § 11-38-9
Status: in_force

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Miss. Code Ann. § 11-43-43 — MS Code / Title 11 / Chapter 15 / Section 43-43
Miss. Code Ann. § 11-43-43
Status: in_force

The judgment rendered on the trial of any writ of habeas corpus shall be conclusive until reversed, and, whilst so in force, shall be a bar to another habeas corpus in the same cause, or to any other proceedings, to bring the same matter again in question, except by appeal or by action for false imprisonment; nor shall any person so discharged be afterward confined for the same cause, except by a court of competent jurisdiction.
Miss. Code Ann. § 11-53-21 — MS Code / Title 11 / Chapter 38 / Section 53-21
Miss. Code Ann. § 11-53-21
Status: in_force

In cases commenced or continued on an affidavit of poverty, the officers of the court shall perform all the duties required in the prosecution of the suit, and the witnesses shall attend until released; but in the case of failure to prosecute his suit to effect, judgment shall be given against the plaintiff for costs, and execution may be issued as in other cases.
Miss. Code Ann. § 11-33-31 — MS Code / Title 11 / Chapter 25 / Section 33-31
Miss. Code Ann. § 11-33-31
Status: in_force

The officer serving an attachment shall make a full return thereon of all his proceedings, on or before the return day of the writ. He shall deliver to the court or clerk all bonds which he may have taken pursuant to law.
Miss. Code Ann. § 11-9-109 — MS Code / Title 11 / Chapter 9 / Section 9-109
Miss. Code Ann. § 11-9-109
Status: in_force

In cases of emergency, and where a constable or sheriff or deputy sheriff cannot be had in time, the clerk of the justice court may appoint some reputable person to execute any process, the clerk to be liable on his bond for all damage which may result to a party to the cause or other person from his appointment of an insolvent or incompetent person.
Miss. Code Ann. § 11-25-113 — MS Code / Title 11 / Chapter 23 / Section 25-113
Miss. Code Ann. § 11-25-113
Status: in_force

If the finding be for the plaintiff, the judge of the county court shall render judgment in favor of the plaintiff, that he recover possession of the land, with costs, and shall award a writ of habere facias possessionem, and said judge may issue alias writs and enforce the judgment and may punish for contempt of process thereon; provided, however, that a writ of habere facias possessionem or execution shall not issue within five days from the date of judgment.
Miss. Code Ann. § 11-53-67 — MS Code / Title 11 / Chapter 38 / Section 53-67
Miss. Code Ann. § 11-53-67
Status: in_force

Fees and costs shall not be payable by any person until there be produced to the person chargeable with the same a bill, or account in writing, containing the particulars of such fees, signed by the clerk or officer, in which shall be intelligently expressed and specified each section of the law, and, if any, each paragraph or subdivision of section by virtue of which each fee is charged. If any fee shall be paid without the production of such bill, the party paying the same shall at all times be entitled to demand and have from the officer receiving the same a copy of such bill without charge.
Miss. Code Ann. § 11-25-1 — MS Code / Title 11 / Chapter 9 / Section 25-1
Miss. Code Ann. § 11-25-1
Status: in_force

Any one deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendee, vendor, mortgagor, grantor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtained possession, or withholds possession after the expiration of his right, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or withholding of possession, be entitled to the summary remedy herein prescribed.
Miss. Code Ann. § 11-49-11 — MS Code / Title 11 / Chapter 3 / Section 49-11
Miss. Code Ann. § 11-49-11
Status: in_force

Any notice required in the progress of a suit or action, in any court of this state, shall be as valid and effectual when served on the attorney or solicitor of the party in that cause as if served on the party himself.
Miss. Code Ann. § 11-43-5 — MS Code / Title 11 / Chapter 38 / Section 43-5
Miss. Code Ann. § 11-43-5
Status: in_force

If it appear on the trial of any habeas corpus that the relator is held by virtue of proceedings against him for crime which are invalid, the judge shall not discharge the relator because thereof, but shall investigate the facts; and if it be found that he ought to be held for any crime alleged against him, the judge shall not discharge him, but shall commit him or require bail, according to the nature of the case.
Miss. Code Ann. § 11-49-1 — MS Code / Title 11 / Chapter 39 / Section 49-1
Miss. Code Ann. § 11-49-1
Status: in_force

Any attorney whose name is subscribed to or indorsed on any declaration or bill or petition in chancery, shall, on demand in writing, made by or on behalf of the defendant, declare forthwith, in writing, whether the suit has been brought by him, or with his authority or privity, and also the place of abode of the plaintiff; and if such attorney shall state that the suit was not brought by him, or with his authority or privity, or shall refuse to declare the place of abode of the plaintiff, then no further proceedings shall be taken in the action without leave of the court.
Miss. Code Ann. § 11-46-15 — MS Code / Title 11 / Chapter 1 / Section 46-15
Miss. Code Ann. § 11-46-15
Status: in_force

(1) In any claim or suit for damages against a governmental entity or its employee brought under the provisions of this chapter, the liability shall not exceed the following for all claims arising out of a single occurrence for all damages permitted under this chapter:

(a) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1993, but before July 1, 1997, the sum of Fifty Thousand Dollars ($50,000.00);

(b) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1997, but before July 1, 2001, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00);

(c) For claims or causes of action arising from acts or omissions occurring on or after July 1, 2001, the sum of Five Hundred Thousand Dollars ($500,000.00).

(2) No judgment against a governmental entity or its employee for any act or omission for which immunity is waived under this chapter shall include an award for exemplary or punitive damages or for interest prior to judgment, or an award of attorney's fees unless attorney's fees are specifically authorized by law.

(3) Except as otherwise provided in Section 11-46-17(4) , in any suit brought under the provisions of this chapter, if the verdict which is returned, when added to costs and any attorney's fees authorized by law, would exceed the maximum dollar amount of liability provided in subsection (1) of this section, the court shall reduce the verdict accordingly and enter judgment in an amount not to exceed the maximum dollar amount of liability provided in subsection (1) of this section.
Miss. Code Ann. § 11-47-11 — MS Code / Title 11 / Chapter 3 / Section 47-11
Miss. Code Ann. § 11-47-11
Status: in_force

Where the proceedings in or as to the suit or levy, notice of which has been entered in the lis pendens record, shall be terminated, whether on the merits or not, the court wherein the same were pending shall direct the clerk who has the record to make such entry therein as it shall prescribe, to give notice of the result of the proceedings and of the devolution of the real estate; and the clerk shall at once, on presentation thereof, file and record the prescribed entry and note the date of filing and recording on the record.
Miss. Code Ann. § 11-25-27 — MS Code / Title 11 / Chapter 7 / Section 25-27
Miss. Code Ann. § 11-25-27
Status: in_force

If the finding be in favor of the defendant, the justices shall render judgment against the plaintiff that his complaint be dismissed, and the defendant recover of him full costs. The judgment of the justices, either in favor of the plaintiff or the defendant, shall be executed in the same manner as the judgment of any other court of record.
Miss. Code Ann. § 11-49-1 — MS Code / Title 11 / Chapter 27 / Section 49-1
Miss. Code Ann. § 11-49-1
Status: in_force

Any attorney whose name is subscribed to or indorsed on any declaration or bill or petition in chancery, shall, on demand in writing, made by or on behalf of the defendant, declare forthwith, in writing, whether the suit has been brought by him, or with his authority or privity, and also the place of abode of the plaintiff; and if such attorney shall state that the suit was not brought by him, or with his authority or privity, or shall refuse to declare the place of abode of the plaintiff, then no further proceedings shall be taken in the action without leave of the court.
Miss. Code Ann. § 11-21-31 — MS Code / Title 11 / Chapter 9 / Section 21-31
Miss. Code Ann. § 11-21-31
Status: in_force

In all cases of the partition or sale of property for division of proceeds, the court may allow a reasonable attorney's fee to the attorney or the plaintiff, to be taxed as a common charge on all the interests, and to be paid out of the proceeds in case of a sale, and to be a lien on the several parts in case of partition.
Miss. Code Ann. § 11-51-99 — MS Code / Title 11 / Chapter 11 / Section 51-99
Miss. Code Ann. § 11-51-99
Status: in_force

The chancery court, in its discretion, may allow executors, administrators, guardians and conservators to appeal money or property judgments or orders against their wards or estates with supersedeas under any existing bond or one set for that purpose; but they shall pay the costs of the lower court including the Supreme Court filing fee.
Miss. Code Ann. § 11-27-45 — MS Code / Title 11 / Chapter 25 / Section 27-45
Miss. Code Ann. § 11-27-45
Status: in_force

All companies, or associations of persons incorporated or organized for the purposes set forth in Section 11-27-41 may acquire a right-of-way across railroads by condemnation by the exercise of such right of eminent domain. If a right-of-way across a railroad has been condemned by a hydroelectric company, as herein defined, the railroad company shall be advised of the manner in which said hydroelectric company proposes to erect its poles and string its wires and conductors, and if the railroad company shall object thereto, the public service commission shall have jurisdiction upon complaint filed with it by the railroad company to enter an order directing how the poles, wires and conductors shall be constructed, and the railroad shall be crossed as ordered and in no other manner.
Miss. Code Ann. § 11-67-1 — MS Code / Title 11 / Chapter 59 / Section 67-1
Miss. Code Ann. § 11-67-1
Status: in_force

This chapter may be cited as the “Asbestos Bankruptcy Trust Claims Transparency Act.”
Miss. Code Ann. § 11-27-27 — MS Code / Title 11 / Chapter 3 / Section 27-27
Miss. Code Ann. § 11-27-27
Status: in_force

Upon the return of the verdict and entry of the judgment, the applicant shall pay to defendants, or to the clerk if defendants absent themselves, the differences between the judgment and deposits previously made, if any; shall pay the costs of court, including the cost of jury service as is otherwise provided by law for the court in which the case is tried. Then, ownership of the property described in the petition shall be vested in petitioner and it may use said property as specified in the petition. If deposits previously made exceed the judgment, then the clerk or defendant to whom disbursement thereof has been made, as the case may be, shall pay such excess to the petitioner.
Miss. Code Ann. § 11-21-1 — MS Code / Title 11 / Chapter 3 / Section 21-1
Miss. Code Ann. § 11-21-1
Status: in_force

(1) Partition of land held by adult joint tenants, tenants in common, and coparceners, may be made by agreement, which shall be evidenced by a writing, signed by the parties, and containing a description of the particular part allotted to each, and recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be binding and conclusive on the parties. They may also bind themselves by written agreement to submit the partition to the arbitrament of one or more persons to be chosen by them, and to abide the partition made by the arbitrators and the articles of submission; and the written award shall be recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be final and conclusive between the parties, unless made or procured by fraud.

(2) Homestead property exempted from execution that is owned by spouses shall be subject to partition pursuant to the provisions of this section only, and not otherwise.
Miss. Code Ann. § 11-33-91 — MS Code / Title 11 / Chapter 27 / Section 33-91
Miss. Code Ann. § 11-33-91
Status: in_force

The plaintiff may dismiss his attachment, but defendant shall have a jury impanelled forthwith to assess the damages sustained by reason of suing out the attachment.
Miss. Code Ann. § 11-3-41 — MS Code / Title 11 / Chapter 1 / Section 3-41
Miss. Code Ann. § 11-3-41
Status: in_force

It shall be the duty of the clerk of the court below, upon receiving the mandate of the Supreme Court, to issue the proper execution on the final judgment or decree, if the same be for the plaintiff in the original cause, for the amount of money or other thing adjudged to the plaintiff, and all costs paid in the court below if not previously paid; and, if the judgment be rendered for the defendant in the original cause, then, on receipt of the mandate, execution shall issue against the plaintiff in the cause for the defendant's costs paid in the court below. In cases where the Supreme Court assesses the costs against the appellee, the appellant shall, with no further court action, be entitled to a judgment against the appellee in the amount expended by the appellant on court costs. The appellee shall be responsible for the cost of collection of this judgment, including attorney's fees. If the Clerk of the Supreme Court fails to issue the mandate as required, he shall forfeit to the aggrieved party One Hundred Dollars ($100.00), to be recovered by motion before the Supreme Court on five (5) days' notice.
Miss. Code Ann. § 11-51-73 — MS Code / Title 11 / Chapter 13 / Section 51-73
Miss. Code Ann. § 11-51-73
Status: in_force

The provision that the clerk shall send up to the Supreme Court any bond taken is directory, and shall not preclude the rendition of judgment by the Supreme Court on a copy of such bond, but said court may give judgment on a copy of such bond as if the original were before it.
Miss. Code Ann. § 11-37-145 — MS Code / Title 11 / Chapter 21 / Section 37-145
Miss. Code Ann. § 11-37-145
Status: in_force

All replevin actions shall be treated by the court as preference cases and shall be heard on the merits at the earliest possible date, with the view of reaching an early determination as to the rights of the parties to the property in question.
Miss. Code Ann. § 11-43-47 — MS Code / Title 11 / Chapter 35 / Section 43-47
Miss. Code Ann. § 11-43-47
Status: in_force

When the application for a writ of habeas corpus is in the nature of a civil action between parties, the law providing for security for costs shall be applicable; and in such cases persons who may produce the body of another, or render other services, may be allowed the same fees as allowed by law to officers for the same services, the costs to be taxed and collected as in other cases.
Miss. Code Ann. § 11-37-117 — MS Code / Title 11 / Chapter 5 / Section 37-117
Miss. Code Ann. § 11-37-117
Status: in_force

The officer's return on such writ may be in the following form, to-wit:

“Executed the within writ, by taking possession of (here describe the property described in the writ which has been seized by the officer) found in the possession of the defendant, and by summoning the defendant (naming him) according to the command of said writ, and I have delivered him a true copy of the writ, declaration and exhibits (or otherwise, as the case may be). The plaintiff (or defendant) having entered into bond, conditioned according to law, I delivered said property to the plaintiff (or defendant) and now return said writ.

This ___ day of __________, 2___.
Miss. Code Ann. § 11-67-5 — MS Code / Title 11 / Chapter 63 / Section 67-5
Miss. Code Ann. § 11-67-5
Status: in_force

The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise:

(a) “ Asbestos ” includes, without limitation, chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR 1910 at the time the asbestos action is filed.

(b) “ Asbestos action ” means a claim for damages or other civil or equitable relief presented in a civil action by a plaintiff arising out of, based on, or related to the health effects of exposure to asbestos, including, but not limited to, loss of consortium, wrongful death, mental or emotional injury.

(c) “ Asbestos trust ” means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. 524(g) or 11 U.S.C. 1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.

(d) “ Asbestos trust claim ” includes, but is not limited to, any claim or demand for compensation for asbestos-related injuries from an asbestos trust.

(e) “ Plaintiff ” means the exposed person, deceased or living, and the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate, or a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual.

(f) “ Trust materials ” means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust and any other information that the plaintiff submits to the asbestos trust, including claims forms and supplementary materials, affidavits, correspondence, depositions and trial testimony, work history, medical and health records, documents reflecting the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents relating to the settlement of the trust claim.

(g) “ Trust governance documents ” means all documents that relate to eligibility and payment levels, including, but not limited to, claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
Miss. Code Ann. § 11-17-21 — MS Code / Title 11 / Chapter 15 / Section 17-21
Miss. Code Ann. § 11-17-21
Status: in_force

All proceedings in said suit shall be governed by the Mississippi Rules of Civil Procedure. However, no default judgment shall be entered against the defendants unless the court determines the truth of the averments after a hearing pursuant to the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-9-101 — MS Code / Title 11 / Chapter 7 / Section 9-101
Miss. Code Ann. § 11-9-101
Status: in_force

(1) The jurisdiction of the justice court shall be coextensive with its county, and any process may be issued in matters within its jurisdiction, to be executed in any part of the county. Every defendant may be sued only in the county in which he resides or where the cause of action arose and if a defendant does not reside in the State of Mississippi or has no fixed place of residence, he shall be sued in the county where the cause of action arose. Whenever by reason of interest, relationship to one of the parties, or other like cause, any justice court judge shall be disqualified to preside in any case before him, the same shall be transferred to a justice court judge in the county, free from such objection, who shall hear and determine the same. Nothing herein contained shall be construed as authorizing or empowering the clerk of the justice court or any justice court judge to perform any official act outside of the territorial boundaries of their county.

(2) The provisions of this section shall not apply to any cause of action commenced before January 1, 1984; and any such action shall be concluded in accordance with state law as it was constituted before that date.
Miss. Code Ann. § 11-53-79 — MS Code / Title 11 / Chapter 9 / Section 53-79
Miss. Code Ann. § 11-53-79
Status: in_force

It shall be the duty of the clerks of the circuit and chancery courts, and of the sheriff, to post in a conspicuous place in his office, and each justice of the peace at his place of holding court, a copy of the bill of fees which he is entitled to receive, and on failure to do so he shall not be entitled to receive or collect any fee for any service rendered during the time of such failure.
Miss. Code Ann. § 11-43-43 — MS Code / Title 11 / Chapter 31 / Section 43-43
Miss. Code Ann. § 11-43-43
Status: in_force

The judgment rendered on the trial of any writ of habeas corpus shall be conclusive until reversed, and, whilst so in force, shall be a bar to another habeas corpus in the same cause, or to any other proceedings, to bring the same matter again in question, except by appeal or by action for false imprisonment; nor shall any person so discharged be afterward confined for the same cause, except by a court of competent jurisdiction.
Miss. Code Ann. § 11-17-34 — MS Code / Title 11 / Chapter 9 / Section 17-34
Miss. Code Ann. § 11-17-34
Status: in_force

Unless otherwise released by the court, the receiver appointed in Section 11-17-33 shall hold all net proceeds paid in connection with such lease for a period of ten (10) years from the date of the decree establishing the receivership. If, at the end of that period of ten (10) years, no valid claim has been made for such moneys and said mineral interests, all moneys and mineral interests held by the receiver shall immediately escheat to the state in the same manner as if the absent person had died intestate leaving no heirs capable of inheriting as set forth in Chapter 11, Title 89, Mississippi Code of 1972 . Provided, however, any person who is not concluded as a party or privy by a decree in favor of the state in proceedings to establish an escheat, may recover of the state, by suit, the net proceeds derived from any lease and from the sale of such minerals and paid into the state treasury, if the party shall establish his right to such minerals and that the same had not properly escheated to the state; but the title of the purchaser of such minerals shall not be thereby disturbed.
Miss. Code Ann. § 11-51-81 — MS Code / Title 11 / Chapter 23 / Section 51-81
Miss. Code Ann. § 11-51-81
Status: in_force

All appeals from courts of justices of the peace, special and general, and from all municipal courts shall be to the county court under the same rules and regulations as are provided on appeals to the circuit court, but appeals from orders of the board of supervisors, municipal boards, and other tribunals other than courts of justice of the peace and municipal courts, shall be direct to the circuit court as heretofore. And from the final judgment of the county court in a case appealed to it under this section, a further appeal may be taken to the circuit court on the same terms and in the same manner as other appeals from the county court to the circuit court are taken: Provided that where the judgment or record of the justice of the peace, municipal or police court is not properly certified, or is not certified at all, that question must be raised in the county court in the absence of which the defect shall be deemed as waived and by such waiver cured and may not thereafter be raised for the first time in the circuit court on the appeal thereto; and provided further that there shall be no appeal from the circuit court to the Supreme Court of any case civil or criminal which originated in a justice of the peace, municipal or police court and was thence appealed to the county court and thence to the circuit court unless in the determination of the case a constitutional question be necessarily involved and then only upon the allowance of the appeal by the circuit judge or by a judge of the Supreme Court.
Miss. Code Ann. § 11-53-81 — MS Code / Title 11 / Chapter 13 / Section 53-81
Miss. Code Ann. § 11-53-81
Status: in_force

When any person fails to pay an open account within thirty (30) days after receipt of written demand therefor correctly setting forth the amount owed and an itemized statement of the account in support thereof, that person shall be liable for reasonable attorney's fees to be set by the judge for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the plaintiff. Evidence of receipt of written demand by the spouse of the debtor when they are living together as husband and wife on behalf of the debtor may be introduced as evidence of written demand on the debtor. If that person sued on the open account shall prevail in the suit, he shall be entitled to reasonable attorney's fees to be set by the judge.

If delivery of written demand on the debtor is attempted, but not accomplished because circumstances made delivery of written demand impossible, a notation, on the envelope containing the written demand, made by the person attempting delivery stating the date of the attempted delivery, the reasons why delivery could not be accomplished along with the initials of the person attempting delivery and making said notation may be introduced as evidence of written demand on the debtor, and if the judge in his discretion finds that sufficient evidence of due diligence in delivery of written demand has been made, he may make a conclusion of written demand for purposes of justice and find that there has been written demand on the debtor.
Miss. Code Ann. § 11-7-175 — MS Code / Title 11 / Chapter 3 / Section 7-175
Miss. Code Ann. § 11-7-175
Status: in_force

Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any ship or vessel, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action, or to proceed in rem against the said ship or vessel, or in personam against the owners thereof, or those having control of her, and to recover damages in respect thereof, then, in every such case the ship or vessel, which, had not death ensued, would have been liable to an action for damages, or to a libel in rem, and her owners, or those responsible for her acts or defaults or negligence to a libel in personam, shall be liable for all damages notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.
Miss. Code Ann. § 11-51-45 — MS Code / Title 11 / Chapter 44 / Section 51-45
Miss. Code Ann. § 11-51-45
Status: in_force

In all cases not specially provided for, the supersedeas bond may be made payable to the state. Where it is provided that such bond shall be made payable to the opposite party, it shall not be an objection to the bond that it is not payable to the proper person, but such bond shall be valid and binding on the obligors, and may be proceeded on in all respects as if it were payable as directed by law.
Miss. Code Ann. § 11-43-43 — MS Code / Title 11 / Chapter 23 / Section 43-43
Miss. Code Ann. § 11-43-43
Status: in_force

The judgment rendered on the trial of any writ of habeas corpus shall be conclusive until reversed, and, whilst so in force, shall be a bar to another habeas corpus in the same cause, or to any other proceedings, to bring the same matter again in question, except by appeal or by action for false imprisonment; nor shall any person so discharged be afterward confined for the same cause, except by a court of competent jurisdiction.
Miss. Code Ann. § 11-27-41 — MS Code / Title 11 / Chapter 3 / Section 27-41
Miss. Code Ann. § 11-27-41
Status: in_force

All companies or associations of persons incorporated or organized for the purpose of improving and developing the water power of rivers and streams for generating, distributing and selling electricity and electro-mechanical power for any purpose for which electricity or electro-mechanical power is now or may hereafter be used or applied, are empowered and authorized to exercise the right of eminent domain, as provided in the chapter on that subject, to condemn and take such lands as may be necessary for the establishment of their reservoirs, ponds, dams, and works, and the right-of-way through all lands between such reservoirs, ponds, dams and works and cities, towns and other points where light, heat or power may be consumed, to place and extend their electric wires and conductors, either underground or on poles overhead and to keep same in repair; provided that such wires and conductors shall be so constructed and placed as not to be dangerous to persons or property and to do as little injury as possible.
Miss. Code Ann. § 11-43-41 — MS Code / Title 11 / Chapter 9 / Section 43-41
Miss. Code Ann. § 11-43-41
Status: in_force

The proceedings and judgment shall in all cases be entered of record. If the trial be in vacation, the proceedings shall be written out and signed by the judge or chancellor and deposited with the clerk of the circuit court of the county in which the habeas corpus is tried, unless the judge shall direct it to be deposited with such clerk of some other county. If either party require it, the evidence shall be made a part of the record by bill of exceptions, as in other cases.
Miss. Code Ann. § 11-39-13 — MS Code / Title 11 / Chapter 13 / Section 39-13
Miss. Code Ann. § 11-39-13
Status: in_force

After the complaint has been filed, summons shall be issued as required by the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 11-51-49 — MS Code / Title 11 / Chapter 35 / Section 51-49
Miss. Code Ann. § 11-51-49
Status: in_force

Appeal bonds may be executed by a corporation by its authorized agent or attorney, in the name of the corporation, without affixing its corporate seal, and such bond, when so executed by the attorney of record of a corporation, shall be held and conclusively presumed to have been executed by the authority of such corporation.
Miss. Code Ann. § 11-47-5 — MS Code / Title 11 / Chapter 9 / Section 47-5
Miss. Code Ann. § 11-47-5
Status: in_force

When the sheriff, United States marshal, or other officer, shall levy upon real estate by virtue of any process, unless it be in execution upon a judgment which is duly enrolled in the county where the real estate is situated, he shall file with the clerk of the chancery court of each county in which the real estate, or any part thereof, is situated, a notice of the levy, containing the names of the parties to the proceedings, the kind of process, and a description of the real estate levied on. The clerk shall file, record and note upon the notice and record, as required in Section 11-47-3 .
Miss. Code Ann. § 11-27-87 — MS Code / Title 11 / Chapter 9 / Section 27-87
Miss. Code Ann. § 11-27-87
Status: in_force

If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of compensation as determined upon final disposition of the case is in excess of the amount of the deposit, the plaintiff shall pay interest to the owner at the rate of eight percent (8%) per annum upon the amount of such excess from the date of the filing of the complaint until payment is actually made. If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of the compensation as determined upon final disposition of the case is less than the amount of the deposit, the plaintiff shall be entitled to a personal judgment against the owner for the amount of the difference.
Miss. Code Ann. § 11-51-59 — MS Code / Title 11 / Chapter 7 / Section 51-59
Miss. Code Ann. § 11-51-59
Status: in_force

When an appeal shall be taken, and bond for stay of execution given, the clerk shall not issue execution on the judgment or decree appealed from until such stay shall end or be discharged. If execution had been issued before the bond for stay of execution was given, the clerk shall issue a command to the officer in whose hands the execution may be to desist from enforcing it, and to surrender any property seized under it to the person from whom it was taken or who may be entitled to it.
Miss. Code Ann. § 11-33-83 — MS Code / Title 11 / Chapter 23 / Section 33-83
Miss. Code Ann. § 11-33-83
Status: in_force

The defendant in attachment may, as a defense in his answer, traverse the truth of the alleged grounds upon which the attachment was sued out. Upon such defense being filed, the court, in its discretion, upon motion of either or any party, may order a jury to be empaneled to try the issue, or it may submit such issue to the jury empaneled to try the case on its merits. If the jury shall find for the defendant, it shall assess damages against the plaintiff for wrongfully suing out the same.
Miss. Code Ann. § 11-13-41 — MS Code / Title 11 / Chapter 13 / Section 13-41
Miss. Code Ann. § 11-13-41
Status: in_force

(1) A victim of stalking, as defined in Section 97-3-107 , or sexual assault, as defined in Section 97-3-65 or 97-3-95 , who files an action seeking injunctive relief preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to the victim against the perpetrator of that offense, shall not be assessed any fees related to the filing of such request, the issuance of any process of court or the issuance of any order providing such protection.

(2) The court, upon issuing any such relief, shall assess costs of court to the perpetrator of the offense. In the event the court determines the request is frivolous, the court shall assess the costs of court to the petitioner.
Miss. Code Ann. § 11-29-1 — MS Code / Title 11 / Chapter 15 / Section 29-1
Miss. Code Ann. § 11-29-1
Status: in_force

When a bill is filed in the chancery court in reference to personal property, and affidavit and bond as required therefor is made and filed, the clerk of the court shall issue a writ of sequestration.
Miss. Code Ann. § 11-37-109 — MS Code / Title 11 / Chapter 15 / Section 37-109
Miss. Code Ann. § 11-37-109
Status: in_force

The writ of replevin shall command the sheriff, or other lawful officer, to immediately seize and take possession of the property described in the writ and deliver it to the plaintiff after two (2) days, unless bonded by the defendant, and summon the defendant to appear before the court shown in the writ, in termtime or in vacation, and to answer to the action of the plaintiff.
Miss. Code Ann. § 11-47-7 — MS Code / Title 11 / Chapter 29 / Section 47-7
Miss. Code Ann. § 11-47-7
Status: in_force

The clerk, upon filing and recording each notice, shall index the same, both directly and indirectly, under the name of each party, each plaintiff or complainant, against each defendant, and each defendant at the suit of each plaintiff or complainant.
Miss. Code Ann. § 11-33-63 — MS Code / Title 11 / Chapter 7 / Section 33-63
Miss. Code Ann. § 11-33-63
Status: in_force

If a defendant in attachment for a debt not due, shall on or before the return-day thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said officers, payable to the plaintiff in attachment, in a penalty double the amount claimed by the plaintiff, conditioned to pay the said debt when it shall become payable and costs of the attachment, the said attachment shall be discharged thereby, and all the property attached shall be released to the defendant. The bond shall be delivered by the officer to the plaintiff. After the return of the attachment, the bond herein provided for may be given at any time before final judgment, and may be taken by the sheriff or officer by whom the attachment was served, in case any of the attached property remains in his hands, or by the clerk of the court in which the attachment is pending.
Miss. Code Ann. § 11-39-33 — MS Code / Title 11 / Chapter 13 / Section 39-33
Miss. Code Ann. § 11-39-33
Status: in_force

The chancery court, or chancellor in vacation, shall order the sale of the property, real and personal, in the same manner and on the same terms as such property of intestate decedents is sold, and like proceedings shall be had as far as applicable. It shall not be lawful for a trustee to become the purchaser of any property sold by him in that capacity, or by his cotrustees, either directly or indirectly, or to act as agent of any other person in making such purchase; and all purchases in violation of this provision shall be void.
Miss. Code Ann. § 11-35-61 — MS Code / Title 11 / Chapter 31 / Section 35-61
Miss. Code Ann. § 11-35-61
Status: in_force

The garnishee shall be allowed for his attendance, out of the debts or effects in his possession, or against the plaintiff in attachment, judgment, or decree in case there be no debts or effects in his possession, provided he shall put in his answer within the time prescribed by law, the pay and mileage of a juror, and, in exceptional cases rendering it proper, the court may allow the garnishee reasonable compensation additional to the foregoing and to be obtained in the same way.
Miss. Code Ann. § 11-43-33 — MS Code / Title 11 / Chapter 33 / Section 43-33
Miss. Code Ann. § 11-43-33
Status: in_force

The judge or chancellor before whom the prisoner or other person may be brought, shall inquire into the cause of imprisonment or detention, and shall either discharge, commit, admit to bail, or remand the prisoner, or award the custody to the party entitled thereto, as the law and the evidence shall require; and may also award costs and charges, for or against either party, as may seem right. And the clerk of the court in whose office the proceedings may be filed, shall issue execution for the costs and charges so awarded, against the party bound therefor. But the judge may continue the trial from day to day as the case may require.