reglab/housing_qa huggingface dataset:
MS Code § 11-38-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 38 - Claim and Delivery|§ 11-38-1. Commencement of action

 Any person with an enforceable lien on any personal property, or right to the immediate possession thereof, or who asserts that such property has been wrongfully taken or detained may bring an action for claim and delivery by filing a complaint in writing, under oath, describing the property, setting forth his claim, share or interest therein, attaching an itemized account, if required, and giving the names of any other persons who have a similar or other claims or interests in such property. Thereupon the clerk or justice shall issue a writ directed to the proper officer to value the property, or so much thereof as may be necessary to satisfy the plaintiff's demand and cost, and to summon the persons named in the affidavit to appear in court, at the time fixed, to answer the complaint.
MS Code § 11-38-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 38 - Claim and Delivery|§ 11-38-3. Venue; issuance and return of process; jurisdiction of court; right to jury trial

 The action for claim and delivery may be instituted in the circuit or county court of a county, or the justice court of a county, in which the defendant, or one (1) of several of them, resides or where the property, or some of it, may be found. Proper process shall issue to other counties and shall be made returnable to the first term of the court held after the issuance of said writ unless it shall be issued more than ten (10) days before the said term of court, when it may be returnable to the judge of the court at the usual place of holding the court at a day to be named, not more than ten (10) days or less than five (5) days after the date of the issuance of the writ, or before the judge in vacation, and the cause will be triable, provided the defendant has been served with process at least five (5) days before the return day of the writ. The judge shall have jurisdiction to hear the cause, or any matter pertaining thereto, in termtime or vacation, at such time and place as he may direct, and to enter such orders and judgment thereon as to adjust the rights of the parties in the subject matter; and all such cases shall be tried by the judge without the intervention of a jury unless a jury is demanded in the complaint or answer.
MS Code § 11-38-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 38 - Claim and Delivery|§ 11-38-5. Preliminary hearing

 The clerk or justice issuing the writ may also, by a separate summons, require the parties to appear before him for a preliminary hearing to determine the rights of the parties to immediate possession of the property involved, at a time and place fixed in the summons, but shall allow the defendant not less than two (2) days' notice. At the preliminary hearing the clerk or justice shall determine whether the temporary possession of the property is to be delivered to the plaintiff, retained by the defendant, or whether the proper officer shall seize and hold the property until a hearing on the merits to determine what bond, if any, should be required. An appropriate writ shall thereupon be issued for the enforcement of the temporary order. Upon written demand of either party the clerk, when the action is before a clerk of the court, shall refer the action for such preliminary hearing before any justice of the county or the judge of the court from which the process was issued. If temporary possession be granted to the plaintiff, the bond shall be for double the value of the property, and if temporary possession be granted to the defendant and bond be required, it shall be for not less than double the value of the plaintiff's interest therein.   Preliminary hearings may be determined by the justice or judge designated without regard to jurisdictional amount.
MS Code § 11-38-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 38 - Claim and Delivery|§ 11-38-7. Answer; judgment

 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.
MS Code § 11-38-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 38 - Claim and Delivery|§ 11-38-9. Claim and delivery cumulative and additional to other actions

 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.
MS Code § 11-41-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 41 - Mandamus; Prohibition|§ 11-41-1. In what cases a remedy and how obtained

 On the complaint of the state, by its Attorney General or a district attorney, in any matter affecting the public interest, or on the complaint of any private person who is interested, the judgment shall be issued by the circuit court, commanding any inferior tribunal, corporation, board, officer, or person to do or not to do an act the performance or omission of which the law specially enjoins as a duty resulting from an office, trust, or station, where there is not a plain, adequate, and speedy remedy in the ordinary course of law. All procedural aspects of this action shall be governed by the Mississippi Rules of Civil Procedure.
MS Code § 11-41-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 41 - Mandamus; Prohibition|§ 11-41-3. Filing of complaint

 The complaint shall be filed in the circuit court of the county in which the tribunal, corporation, board, officer, or person made defendant, or some one or more of them, shall reside or be found; but if the judge of that court be interested, the complaint may be filed in an adjoining circuit court district.
MS Code § 11-41-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 41 - Mandamus; Prohibition|§ 11-41-19. Mandamus in certain cases triable in vacation

 A proceeding by mandamus may be tried and determined in termtime or in vacation; and, if tried in vacation, all the provisions of law relating to the trial and proceedings in vacation of information in the nature of quo warranto shall apply.
MS Code § 11-43-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-1. To what cases the writ extends

 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.
MS Code § 11-43-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-3. Chapter not to apply in certain cases - service of petition and writ on Attorney General in extradition cases

 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 extradicted, 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.
MS Code § 11-43-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-5. Relator not discharged on account of defective proceedings

 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.
MS Code § 11-43-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-7. By whom granted

 The writ of habeas corpus may be granted by a judge of the Supreme Court, or a judge of the circuit or chancery court, in term time or in vacation, returnable before himself or another judge.
MS Code § 11-43-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-9. How obtained

 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.
MS Code § 11-43-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-11. Refusal to grant writ

 If from the showing made by the petition for habeas corpus it be manifest that the person by whom, or on whose behalf, it is presented is not entitled to any relief thereby, the judge or chancellor may refuse to grant the writ, indorsing on the application his reason therefor.
MS Code § 11-43-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-13. Bail by the way may be required

 Where the application is by or on behalf of one detained on a criminal charge, the judge or chancellor, on granting the writ, may, in his discretion, require a bail bond by or on behalf of the person detained, conditioned that he shall not escape by the way. The judge or chancellor may fix the amount of such bail, and direct who shall approve the bond; but such bail bond shall not operate to discharge the relator from custody. Such bond shall be deposited by the judge or chancellor in the clerk's office of the court in which the case is triable. If the condition of the bond be broken, the proceedings thereon shall be as in case of other forfeited bonds or recognizances.
MS Code § 11-43-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-15. Writ issued by judge or clerk

 The judge granting the writ may order it to be issued by the Clerk of the Supreme Court, or of any circuit or chancery court, who shall immediately issue it on receiving the order; or, when not convenient to a clerk, the judge himself shall issue the writ. Any judge or chancellor who shall wilfully refuse or neglect to grant, or to issue and try, the writ of habeas corpus, when required by law to do so, shall be guilty of a high misdemeanor in office, and any clerk who shall not, when ordered, immediately issue the writ, and other process, shall be liable, on conviction thereof, to be removed from office; and the judge or clerk shall, in case of such neglect or refusal, be liable, civilly, to the party aggrieved.
MS Code § 11-43-17 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-17. Form and service of writ

 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.   Click to view   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.
MS Code § 11-43-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-19. Taking of person in certain cases

 When it shall be shown to the judge to whom application is made for the writ, that there is reasonable ground to apprehend that the person in whose behalf the writ is applied for will be concealed or removed so as not to be brought up with the writ, it shall be the duty of the judge to order or issue the writ directed to the sheriff or other officer or person designated to execute it, commanding him to take the body of the person to be relieved by the writ, and bring him forthwith before the judge, and to summon the person alleged to have illegally detained him; in which case the form of the writ shall be, in substance, as follows, to wit:   "The State of Mississippi. "To the sheriff or any lawful officer of county: "We command you to take and have the body of restrained of his liberty, it is said, by , before , a judge of our court, at , forthwith, to do and receive what shall then be considered; and do you summon the said to appear, then and there to show the cause of detaining said ; and have you then and there this writ, with your proceedings indorsed thereon. Witness my hand," etc.   Click to view   The writ shall be executed according to its tenor and effect, and returned as other writs.
MS Code § 11-43-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-21. May be served on Sunday

 All writs of habeas corpus may be issued or served on Sunday in case of emergency.
MS Code § 11-43-23 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-23. Where and when returnable

 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.
MS Code § 11-43-25 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-25. When person detaining another guilty of crime

 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.
MS Code § 11-43-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-27. Production of the body

 Whenever any writ of habeas corpus shall be served upon the sheriff or any other person to whom the same may be directed, or who may be ordered summoned thereby, he shall bring, or permit the officer executing the writ to bring, the body of the prisoner or person detained in custody before the judge who is to try the same, at the time and place designated in the writ, or, in case of the absence of such judge, then before any other judge, and to make return or answer to said writ.
MS Code § 11-43-29 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-29. What the return or answer shall contain

 The officer or other person upon whom a writ of habeas corpus shall be served shall state in his return or answer:   First.-Whether he have or have not the party in his custody or under his power or restraint.   Second.-If he have the party in his custody or power, or under his restraint, he shall state the authority and cause of imprisonment or restraint, setting forth the same at large.   Third.-If the party be restrained by virtue of any writ, warrant, or other written authority, a copy thereof shall be annexed to the return or answer, and the original shall be produced on the hearing.   Fourth.-If the officer or person upon whom the writ is served shall have had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but such person has escaped, or such officer or person has transferred the custody or restraint to another, the return or answer shall state the facts particularly, and, in case of transfer, set forth the time and place, for what cause, and by what authority the transfer took place.   Fifth.-The return must be signed by the officer or person making it, and, except when a sworn public officer shall make return in his official capacity, it shall be verified by his oath.
MS Code § 11-43-31 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-31. Penalty for disobedience of the writ

 Any person who is duly served with a writ of habeas corpus commanding him to produce the body of any other person in his custody, who shall fail to produce the body of the person before the judge, according to the command of the writ, shall forfeit and pay to the party not so produced the sum of One Thousand Dollars ($1,000.00), to be recovered before any court having jurisdiction, the right to recover which shall not cease by the death of either party. The judge before whom the writ was made returnable may also punish the person failing to obey the command thereof or to perform the duties prescribed, or to obey such order as the judge may make, as for a contempt, and compel obedience by process of attachment or otherwise. Any officer from whom the custody of any person is taken by writ of habeas corpus who shall fail to return the cause of commitment of any prisoner or other person as prescribed, may be punished in like manner.
MS Code § 11-43-33 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-33. The trial

 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.
MS Code § 11-43-35 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-35. Temporary orders

 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.
MS Code § 11-43-37 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-37. Return not conclusive

 The return or answer made to a writ of habeas corpus shall not be conclusive as to the facts therein stated, but evidence may be received to contradict the same.
MS Code § 11-43-39 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-39. Witnesses subpoenaed-affidavits of

 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.
MS Code § 11-43-41 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-41. Record of proceedings

 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.
MS Code § 11-43-43 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-43. Conclusiveness of judgment

 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.
MS Code § 11-43-45 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-45. Sheriff to attend trial

 The sheriff, when required by the judge or chancellor, shall attend in person, or by deputy, upon the trial of a habeas corpus in his county, to keep order and execute the mandates of the judge or chancellor, and shall be subject to the orders of the judge or chancellor during the trial in vacation in the same manner as in term time. The judge or chancellor trying a habeas corpus in vacation shall have the same power to fine and imprison for contempt as in term time.
MS Code § 11-43-47 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 43 - Habeas Corpus|§ 11-43-47. Costs in certain cases, and security for

 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.