reglab/housing_qa huggingface dataset:
MS Code § 95-3-3 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-3. Persons guilty

 Any person who shall use, occupy, establish or conduct a nuisance as herein defined, or aid or abet therein, and the owner, agent or lessee of any interest in such nuisance, together with the person employed in or in control of any such nuisance by any such owner, agent or lessee, shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided.
MS Code § 95-3-5 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-5. Action to abate and enjoin; who may maintain

 Whenever a nuisance exists, the attorney-general of the state, the district attorney of the district, the county attorney, or any person who is a citizen of the county, may bring an action in equity in the name of the State of Mississippi, upon the relation of such attorney general, district attorney, or county attorney, or person to abate such nuisance and to perpetually enjoin the person or persons maintaining the same from further maintenance thereof.
MS Code § 95-3-7 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-7. Jurisdiction; procedure; temporary restraining order

 Such action shall be brought in the chancery court of the county in which the property is located, by a verified bill of complaint, stating the facts constituting the nuisance, the names of the parties, the object of the action, a substantial description of the place constituting the alleged nuisance, and a general description of the personal property used in connection therewith. The bill of complaint may contain an application for a temporary injunction, and where such application has been made, the chancery court, the chancellor in vacation, any judge of the circuit court, or a judge of the supreme court, may in his discretion, on good cause shown, on motion of the complainant, issue an ex parte restraining order restraining the defendants and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist, until the decision of the court granting or refusing such temporary injunction, and until the further order of the court thereon. The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such delivery and posting. The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance. When such restraining order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon a notice to that effect.
MS Code § 95-3-9 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-9. Procedure; temporary injunction; bond

 When the bill contains an application for a temporary injunction a hearing thereon shall be granted within ten (10) days after the filing of the bill; but a copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary injunction, shall be served upon the defendants at least five (5) days before such hearing. If the hearing be then continued at the instance of any defendant, the temporary writ as prayed shall be granted as a matter of course. Each defendant so notified may file a verified answer on or before the date fixed in said notice for said hearing, but the court or judge may allow additional time for so answering, provided such extension of time shall not prevent the issuing of said temporary writ as prayed for. No bond shall be required for the issuance of any restraining order or temporary injunction mentioned in this chapter.
MS Code § 95-3-11 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-11. Temporary injunction; further orders

 If, upon the hearing, the allegations be sustained to the satisfaction of the court, the court shall issue a temporary injunction restraining the defendants and any other person or persons from continuing the nuisance. When the temporary injunction has been granted, it shall be binding on the defendants throughout the chancery district. If at the time of granting a temporary injunction it shall further appear that the person owning, in control, or in charge of the nuisance so enjoined, has received five (5) days' notice of the hearing, then unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, or that such person proceeded forthwith to enforce his rights under the provisions of this chapter, the court or judge shall forthwith also issue an order closing the place for any purpose until decision shall be rendered on the application for a permanent injunction. Such order shall also continue in effect for such further period the restraining order above provided, if already issued, or if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as hereinbefore provided, and such restraining order shall be served and the inventory of such property shall be made and filed as hereinbefore provided. However, if the owner or owners of any real or personal property so closed or restrained, or to be closed or restrained, appear at any time between the filing of the bill of complaint and the hearing on the application for a permanent injunction, and pay all costs incurred and file a bond by the owner of the real property with sureties to be approved by the clerk in the full value of the property to be ascertained by the clerk, conditioned that such owner or owners will immediately abate the nuisance and prevent same from being established or kept until the decision of the court shall have been rendered on the application for a permanent injunction, then and in that case, the court, or judge in vacation, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance, and that, with reasonable care and diligence, such owner could not have known thereof, shall deliver such real or personal property or both to the respective owners thereof, and cancel or refrain from issuing at the time of the hearing on the application for the temporary injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property.
MS Code § 95-3-13 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-13. Trial; evidence; costs; permanent injunction

 The action when brought shall be triable at the next term of court, provided process shall have been served for twenty or more days, otherwise at the following term, and said cause shall have precedence over all other cases except election contests, or injunctions. In such action evidence of the general reputation of the place, or an admission, or finding, of guilt of any person under the criminal laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance and of knowledge of and acquiescence and participation therein on the part of the person or persons charged with maintaining said nuisance as herein defined. If the complaint is filed by a person who is citizen of the county, it shall not be dismissed except upon a sworn statement by the complainant and his or its attorney, setting forth the reasons why the actions should be dismissed and the dismissal approved by the district attorney or county attorney in writing or in open court. If the court be of the opinion that the action ought not to be dismissed, he may direct the district attorney or county attorney to prosecute said action to final decree, and if the action is continued more than one term of court any person who is a citizen of the county, or the attorney general, or the district attorney, or the county attorney, may be substituted for the complainant and prosecute said action to final decree. If the action is brought by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed to such person. If the existence of the nuisance be established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and other person or persons from further maintaining the nuisance at the place complained of, and the defendants from maintaining such nuisance elsewhere within the chancery district, and may tax said defendants with all costs of the proceedings.
MS Code § 95-3-15 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-15. Order of abatement

 If the existence of the nuisance be admitted, or established in an action as provided in this chapter, an order of abatement shall be entered as a part of judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released under authority of the court as provided in Section 95-3-11, and shall direct the sale in the manner provided for the sale of chattels under execution of such personal property as belong to the defendants notified or appearing. Such order shall also require the renewal for one (1) year of any bond furnished by the owner of the real property as provided in Section 95-3-11, or, if not so furnished, shall continue for one (1) year any closing order issued at the time of granting the temporary injunction, or, if no such closing order was issued, shall include an order directing the effectual closing of the place against its use for any purpose, and so keeping it closed for a period of one (1) year, unless sooner released; provided, however, that the owner of any place so closed and not released under bond as hereinbefore provided in Section 95-3-11, may at this time appear and obtain such release in the manner and upon fulfilling the requirements as hereinbefore provided. The release of the property under any of the provisions of this chapter shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. Owners of unsold personal property and contents so seized must appear and claim same within ten (10) days after such order of abatement is made and prove innocence, to the satisfaction of the court, of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence be so established, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as hereinbefore provided. If any person shall break and enter or use a place so directed to be closed, he shall be punished as for contempt as provided hereinafter. For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees he would for levying upon the selling like property on execution; and for closing the place and keeping it closed, a reasonable sum shall be allowed by the court.
MS Code § 95-3-17 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-17. Unknown defendants; process; publication

 The provisions of existing laws regarding the service of process shall apply to service in proceedings under this chapter. The person in whose name the real estate affected by the action stands on the books of the tax collector for purposes of taxation shall be presumed to be the owner thereof, and in case of unknown persons having or claiming any ownership, right, title or interest in property affected by the action, such may be made parties to the action by designating them in the summons and complaint as "all other persons unknown claiming any ownership, right, title or interest in the property affected by the action," and service thereon may be had by publishing in the manner prescribed by law. Any person having or claiming such ownership, right, title or interest, and any owner or agent in behalf of himself and such owner, may make, serve, and file his answer therein twenty (20) days after such service and have trial of his rights in the premises by the court, and if said cause had already proceeded to trial or to findings and judgment, the court shall by order fix the time and place of such further trial and shall modify, add to, or confirm such findings and decrees as the case may require. Other parties to said action shall not be affected thereby.
MS Code § 95-3-19 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-19. Contempt; punishment

 In case of the violation of any injunction or closing order granted under provisions of this chapter, or of a restraining order or the commission of any other contempt of court in proceedings under this chapter, the court, or the chancellor in vacation, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court a complaint upon oath setting out and alleging facts constituting such violation, upon which the court or chancellor shall cause a warrant to issue, under which the defendant shall be arrested. The trial thereof may be had upon affidavits or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this chapter shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not less than three (3) nor more than six (6) months or by both such fine and imprisonment.
MS Code § 95-3-21 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-21. County attorney; duty; procedure

 In case the existence of such nuisance is established in a criminal proceeding, under existing laws, it shall be the duty of the county attorney or district attorney to proceed promptly under this chapter to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the nuisance. All moneys collected under this chapter shall be paid into the county treasury. The proceeds of the sale of the personal property, as provided in Section 95-3-15, shall be applied in payment of the costs of the action and abatement, including the complainant's costs, or so much of such proceeds as may be necessary, except as otherwise provided by law.
MS Code § 95-3-23 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-23. Lease annulled for unlawful use

 If a tenant or occupant of a building or tenement under a lawful title uses such place as a nuisance as herein defined, such use shall annul and make void the lease or other title under which he holds and, without any act of the owner, shall cause the right of possession to revert and vest in the owner, and the owner may without process of law make immediate entry upon the premises.
MS Code § 95-3-25 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-25. Clubs, boats, etc., operating gaming devices; applicability of provisions of this section

 Any building, club, vessel, boat, place or room, wherein is kept or exhibited any game or gaming table, commonly called A.B.C. or E.O. roulette, or rowley-powley, or rouquetnoir, roredo, keno, monte, or any faro-bank, dice, or other game, gaming table, or bank of the same or like kind, or any other kind or description of gambling device under any other name whatever, and any such place where information is furnished for the purpose of making and settling bets or wagers on any horse race, prize fight, or on the outcome of any like event, or where bets or wagers are arranged for, made or settled, shall be deemed to be a common nuisance and may be abated by writ of injunction, issued out of a court of equity upon a bill filed in the name of the state by the Attorney General, or any district or county attorney, whose duty requires him to prosecute criminal cases on behalf of the state in the county where the nuisance is maintained, or by any citizen or citizens of such county, such bill to be filed in the county in which the nuisance exists. And all rules of evidence and of practice and procedure that pertain to courts of equity generally in this state may be invoked and applied in any injunction procedure hereunder. The provisions of this section shall not apply to any form of gaming or gambling that is legal under the laws of the State of Mississippi or to a licensed gaming establishment and shall not apply to any licensed gaming establishment having on its premises any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired or transported in accordance with subsection (4) of Section 97-33-7.   Upon the abatement of any such nuisance, any person found to be the owner, operator or exhibitor of any gambling device described in the first paragraph of this section may be required by the court to enter into a good and sufficient bond in such amount as may be deemed proper by the court, to be conditioned that the obligor therein will not violate any of the laws of Mississippi pertaining to gaming or gambling for a period of not to exceed two (2) years from the date thereof. The failure to make such bond shall be a contempt of court and for such contempt the person or party shall be confined in the county jail until such bond is made, but not longer than two (2) years. Said bond shall be approved by the clerk of the court where the proceedings were had and shall be filed as a part of the record of such case.
MS Code § 95-3-27 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-27. Existing laws and prosecutions not affected

 This chapter shall be construed as supplementary to and in aid of existing statutes in this state relating to the same subject-matter, and not as a repeal of the same.
MS Code § 95-3-29 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 3 - Nuisances|§ 95-3-29. Immunity of certain agricultural operations from nuisance actions

  In any nuisance action, public or private, against an agricultural operation, including forestry activity, proof that the agricultural operation, including forestry activity, has existed for one (1) year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal permits.   The following words and phrases as used in this section shall have the meanings given them in this section:   "Agricultural operation" includes, without limitation, any facility or production site for the production and processing of crops, or products thereof, livestock, or products thereof, farm-raised fish and fish products, livestock products, honeybees, honey and other products of the beehive, wood, timber or forest products, fowl or plants for breeding or sales and poultry or poultry products for commercial or industrial purposes. "Agricultural operation‘ also includes the use of farm machinery, equipment, devices, chemicals, products for agricultural use, materials and structures designed for agricultural use and used in accordance with best agricultural management practices and are in compliance with any applicable state and federal permits.   "Forestry activity" means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.   "Traditional farm practices" means those accepted customs and standards established and followed by similar agricultural operations under similar circumstances.     The provisions of this section shall not be construed to affect any provision of the "Mississippi Air and Water Pollution Control Law."   This section shall not affect actions commenced prior to July 1, 1980.
MS Code § 95-5-10 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 5 - Trespass|§ 95-5-10. Cutting trees without consent of owner

  If any person shall cut down, deaden, destroy or take away any tree without the consent of the owner of such tree, such person shall pay to the owner of such tree a sum equal to double the fair market value of the tree cut down, deadened, destroyed or taken away, together with the reasonable cost of reforestation, which cost shall not exceed Two Hundred Fifty Dollars ($250.00) per acre. The liability for the damages established in this subsection shall be absolute and unconditional and the fact that a person cut down, deadened, destroyed or took away any tree in good faith or by honest mistake shall not be an exception or defense to liability. To establish a right of the owner prima facie to recover under the provisions of this subsection, the owner shall only be required to show that such timber belonged to such owner, and that such timber was cut down, deadened, destroyed or taken away by the defendant, his agents or employees, without the consent of such owner. The remedy provided for in this section shall be the exclusive remedy for the cutting down, deadening, destroying or taking away of trees and shall be in lieu of any other compensatory, punitive or exemplary damages for the cutting down, deadening, destroying or taking away of trees but shall not limit actions or awards for other damages caused by a person.   If the cutting down, deadening, destruction or taking away of a tree without the consent of the owner of such tree be done willfully, or in reckless disregard for the rights of the owner of such tree, then in addition to the damages provided for in subsection (1) of this section, the person cutting down, deadening, destroying or taking away such tree shall pay to the owner as a penalty Fifty-five Dollars ($55.00) for every tree so cut down, deadened, destroyed or taken away if such tree is seven (7) inches or more in diameter at a height of eighteen (18) inches above ground level, or Ten Dollars ($10.00) for every such tree so cut down, deadened, destroyed or taken away if such tree is less than seven (7) inches in diameter at a height of eighteen (18) inches above ground level, as established by a preponderance of the evidence. To establish the right of the owner prima facie, to recover under the provisions of this subsection, it shall be required of the owner to show that the defendant or his agents or employees, acting under the command or consent of their principal, willfully and knowingly, in conscious disregard for the rights of the owner, cut down, deadened, destroyed or took away such trees.   All reasonable expert witness fees and attorney's fees shall be assessed as court costs in the discretion of the court.
MS Code § 95-5-11 (2020)
2020 Mississippi Code|Title 95 - Torts|Chapter 5 - Trespass|§ 95-5-11. Loosening or taking boats and water craft

 Every person who, without the consent of the owner or person in charge, shall loosen or take away any boat or water craft, shall pay to the owner thereof Twenty Dollars ($20.00), over and above the expenses for bringing back such boat or water craft.