reglab/housing_qa huggingface dataset:
MS Code § 89-7-31 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-31. Issuance of summons; notice that landlord may dispose of tenant's personal property if judge awards exclusive possession of premises

  On receiving the affidavit, the county judge, justice court judge, municipal judge, or other officer shall issue a summons, directed to the sheriff or any constable of the county, or the marshal of the municipality in which the premises, or some part thereof, are situated, describing the premises, and commanding him to require the person in possession of the same or claiming the possession thereof, immediately to remove from the premises, or to show cause before the justice court judge or other officer, on a day to be named in the summons, why possession of the premises should not be delivered to the applicant.   In addition to other information required for the summons, the summons shall state: "At the hearing, a judge will determine if the landlord is granted exclusive possession of the premises. If the judge grants possession of the premises to the landlord and you do not remove your personal property, including any manufactured home, from the premises before the date and time ordered by the judge, then the landlord may dispose of your personal property without any further legal action."
MS Code § 89-7-33 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-33. Service of summons

 Such summons shall be served as a summons is served in other cases, if the tenant can be found; if not, then by putting up a copy in some conspicuous place on the premises where the tenant last or usually resided.
MS Code § 89-7-35 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-35. Issuance of warrant for removal

  If, at the time appointed, it appears that the summons has been duly served, and if a judgment of eviction is granted, the magistrate shall issue a warrant to the sheriff or any constable of the county, or to a marshal of the municipality in which the premises, or some part thereof, are situated, immediately upon request, except when prohibited or otherwise provided under Section 89-7-45, commanding him to remove all persons from the premises, and to put the applicant into full possession thereof.   If the summons complied with the requirements of Section 89-7-31(2) and if the tenant has failed to remove any of tenant's personal property, including any manufactured home, from the premises, then, if the judge has not made some other finding regarding the disposition of any personal property in the vacated premises, the personal property shall be deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.
MS Code § 89-7-37 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-37. Defense may be made

 The person in possession of such premises, or any person claiming possession thereof, may, at or before the time appointed in the summons for showing cause, file an affidavit with the magistrate who issued the same, denying the facts upon which the summons was issued; and the matters thus controverted may be tried by the magistrate.
MS Code § 89-7-39 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-39. Continuances, subpoenas

 The court may, at the request of either party, adjourn the hearing from time to time, a single adjournment not to exceed ten (10) days, except by consent, and may issue subpoenas and attachments to compel the attendance of witnesses. However, in hearings for eviction, no adjournment shall extend the entire hearing beyond forty-five (45) days from the date the eviction action was filed.
MS Code § 89-7-41 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-41. Form of judgment for landlord; disposition of tenant's abandoned personal property

  If the decision is in favor of the landlord or other person claiming the possession of the premises, the magistrate shall issue a warrant to the sheriff, constable, or other officer immediately upon request, except when prohibited or otherwise provided under Section 89-7-45, commanding him immediately to put the landlord or other person into possession of the premises, and to levy the costs of the proceedings of the goods and chattels, lands and tenements, of the tenant or person in possession of the premises who shall have controverted the right of the landlord or other person.   If the summons complied with the requirements of Section 89-7-31(2) and if the tenant has failed to remove any of tenant's personal property, including any manufactured home, from the premises, then, if the judge has not made some other finding regarding the disposition of any personal property in the vacated premises, the personal property shall be deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.
MS Code § 89-7-43 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-43. Judgment for defendant

 If the decision be in favor of the tenant, he shall recover costs of the applicant, and the magistrate shall issue execution therefor.
MS Code § 89-7-45 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-45. When warrant for removal may issue in cases of nonpayment of rent

 If a judgment of eviction is founded solely upon the nonpayment of rent and, at the time of the request for the warrant for removal the full and complete amount of rent due, including any late fees as provided in the rental agreement that have accrued as of the date of judgment, and the costs of the proceedings, have been paid to the person entitled to the rent, the magistrate shall not issue a warrant for removal. If the rent, late fees and costs have not been paid in full at the time of the request for the warrant for removal, the magistrate must immediately issue the warrant for removal unless the judge determines that, for good cause shown, a stay not to exceed three (3) days would best serve the interests of justice and equity. If it is shown that a stay is likely to result in material injury to the property of the person entitled to the rent, no stay shall be granted.
MS Code § 89-7-47 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-47. Record, appeals

 The magistrate before whom proceedings shall be had against a tenant holding over, shall keep a full record of his proceedings, and shall carefully preserve all papers in the cause, and the same costs shall be taxed and paid as are allowed for similar service in cases of unlawful entry and detainer, and the right of appeal shall exist as in such cases.
MS Code § 89-7-49 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-49. Proceedings when tenant deserts premises

 If a tenant of lands, being in arrear for rent, shall desert the demised premises and leave the same uncultivated or unoccupied, so that a sufficient distress cannot be had to satisfy the arrears of rent, any constable of the county may, at the request of the landlord, and upon due proof by affidavit that the premises have been deserted, leaving rent in arrear, and not sufficient distress thereon, go upon and view the premises, and upon being satisfied that the premises have been so deserted, he shall affix a notice, in writing, upon a conspicuous part of the premises, stating what day he will return to take a second view thereof, not less than five (5) days nor more than fifteen (15) days thereafter, and requiring the tenant then to appear and pay the rent and any late fees due. At the time specified in the notice the constable shall again view the premises, and if, upon second view, the tenant shall not pay the rent and any late fees due, or there shall not be sufficient distress upon the premises, then the justice court shall immediately or within forty-eight (48) hours put the landlord in possession of the premises, and the lease thereof to such tenant shall become void. The tenant may appeal to the circuit court from the proceedings of the justice court at any time within thirty (30) days after possession delivered, by serving notice in writing thereof upon the landlord, and by giving bond, with sufficient sureties, to be approved by the justice court, for the payment to the landlord of the costs of appeal, which may be adjudged against the tenant; and thereupon the justice court shall return the proceedings before him to the next term of the circuit court, and the court shall, at the return term, examine the proceedings in a summary way, and may order restitution to be made to the tenant, with costs of appeal, to be paid by the landlord; or in case of affirming the proceedings, shall award costs against the tenant and sureties in his bond.
MS Code § 89-7-51 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-51. Lien of landlord

  Every lessor of land shall have a lien on the agricultural products of the leased premises, however and by whomsoever produced, to secure the payment of the rent and of money advanced to the tenant, and the fair market value of all advances made by him to his tenant for supplies for the tenant and others for whom he may contract, and for his business carried on upon the leased premises. This lien shall be paramount to all other liens, claims, or demands upon such products when perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101 et seq.). The claim of the lessor for supplies furnished may be enforced in the same manner and under the same circumstances as his claim for rent may be; and all the provisions of law as to attachment for rent and proceedings under it shall be applicable to a claim for supplies furnished, and such attachment may be levied on any goods and chattels liable for rent, as well as on the agricultural products.   All articles of personal property, except a stock of merchandise sold in the normal course of business, owned by the lessee of real property and situated on the leased premises shall be subject to a lien in favor of the lessor to secure the payment of rent for such premises as has been contracted to be paid, whether or not then due. This lien shall be subject to all prior liens or other security interests perfected according to law. No such articles of personal property may be removed from the leased premises until such rent is paid except with the written consent of the lessor. All of the provisions of law as to attachment for rent and proceedings thereunder shall be applicable with reference to the lessor's lien under this subsection.
MS Code § 89-7-53 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-53. Lien for live stock, implements and vehicles

 A landlord shall have, for one (1) year, a lien for the reasonable value of all live stock, farming tools, implements and vehicles furnished by him to his tenant, upon the property so furnished and, as an additional security therefor, upon all the agricultural products raised upon the leased premises. The said property so furnished shall be considered as supplies and the lien therefor may be enforced accordingly. Such lien shall be a superior and first lien when perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101 et seq.), and need not otherwise be evidenced by writing.
MS Code § 89-7-55 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-55. Attachment for rent and supplies; who entitled to and for what

 An attachment or distress may be sued out by the lessor of lands, his executors, administrators, or assigns. It may be had for rent of the leased premises due and in arrear, or to become due, as the case may be, and for advances made by the landlord or his administrator or executor for supplies for the tenant and others for whom the tenant may have contracted and for his business carried on upon the leased premises.
MS Code § 89-7-57 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-57. How obtained

 To obtain the attachment or distress, the party entitled thereto, his agent or attorney, shall make complaint on oath before a justice court judge averring the facts which entitle the party seeking it to the remedy; and, if anything is demanded on account of supplies, there shall be filed with the complaint an itemized bill of particulars thereof. The complainant shall enter into bond with sufficient sureties, payable to the tenant, his executor or administrator, in a penalty equal to double the sum claimed to be due, conditioned to pay all damages as may be sustained by the obligee by the wrongful suing out of the writ, and all costs that may be awarded against the principal obligor.
MS Code § 89-7-59 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-59. Before whom complaint made

 Such complaint and bond may be made before any justice of the peace of the county in which the leased premises, or some part thereof, may be situated, or of any county in which the property, or some part thereof, sought to be distrained or seized may be found.
MS Code § 89-7-61 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-61. Writ

 When the complaint has been made and bond given and approved by the justice court judge, it shall be his duty to issue a distress warrant or attachment-writ, commanding the seizure of the agricultural products, if any, upon which the party instituting the proceedings shall have claimed a lien, and also commanding the officer to distrain the goods and chattels other than the agricultural products of the tenant, if necessary, and deal with the same as provided by law; the entire seizure and distraint to be of value sufficient to satisfy the sum demanded with interest and costs.
MS Code § 89-7-63 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-63. Form of affidavit

 The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.:   "State of Mississippi, County. "Before me, , a justice of the peace of the County of , came , who, being duly sworn, says on oath: That [the tenant] is indebted to him [or if the affidavit be made by an agent or attorney, strike out ‘him' and insert the name of the landlord or person to whom the rent is due, and add after the landlord's name, ‘of whom the affiant is agent'] in the sum of dollars for rent in arrears [or if the rent be not due, strike out the words ‘in arrears,' and insert ‘to become due on the day of , A.D. '] by virtue of a lease for the term commencing on the day of , A.D. , and ending on the day of , A.D. of land situated in County, and described as [here describe the leased premises; it is well to describe by name, if it has one, or by its occupants, and if such be the case it would be well to say ‘and occupied by said , tenant, during the year ']. "And the said , the tenant, is further indebted to affiant [or if the oath be made by an agent or attorney, strike out ‘affiant' and insert the name of the landlord or person to whom the debt is due] in the further sum of dollars, now due [if the debt be not due, strike out the words ‘now due,' and insert ‘to become due on the day of , A.D.'] of which supplies a bill of particulars is attached hereto. Affiant [or if made by an agent or attorney, say ‘affiant's said principal'] claims a lie the following agricultural products raised during the year , on the said leased premises [here describe the products, giving their location, if known, for the officer's guidance]. "Sworn to and subscribed before me, this the day of , A.D. , J.P."   Click to view   If the attachment be for rent only, strike out all relating to supplies; and if the claim be for supplies only, strike out all relating to the sum due for rent, and alter the form to suit the case.   If the claim be not due, add to the form the following words: "And affiant has just cause to suspect, and does verily believe that the said tenant will remove [or has removed, as the case may be] his effects from said leased premises before said claim [or claims] be or shall become due, so that a distress or seizure cannot be made therefor, or so as to impair the landlord's lien on the agricultural products raised on the premises."   If the rent be for part of the crop, or other thing than money, the affidavit should state it as it is, giving the money value of what is due.
MS Code § 89-7-65 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-65. Form of bond

 The bond for an attachment for rent or supplies may be in the following form, viz.:   "We, , principal, and and , sureties, bind ourselves to pay the sum of dollars, unless the said principal obligor herein shall pay to the said all such damages as he shall sustain by reason of the wrongful suing out of an attachment for rent and supplies [if for rent only, strike out the words ‘and supplies;' and if for supplies only, strike out the words ‘rent and'] in favor of said principal obligor against the said obligee for dollars, for rent and supplies [if for rent only, strike out the words ‘and supplies;' and if for supplies only, strike out the words ‘rent and'] due and in arrears [or if the attachment be for a debt to become due, strike out the words ‘due and in arrears,' and insert ‘to become due on the day of , A.D. '] upon certain leased premises, in County. "Witness our hands, this the day of , A.D. ", " "The above bond is approved by me, this day of , A.D. . ", J.P."   Click to view
MS Code § 89-7-67 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-67. Form of the writ

 The writ of attachment for rent and supplies, or either, may be in the following form, viz.:   "The State of Mississippi. "To the sheriff or any constable of County, greeting: "Complaint on oath having been made before the undersigned, an acting justice of the peace in and for County, that is indebted to for rent in arrear on the following leased premises [here describe the premises as in the affidavit], in the sum of dollars, and that the said is further indebted to for supplies furnished the said , the tenant, by his landlord, in the sum of dollars additional; and the claim having been made that there is a lien to secure the said debts on the following named agricultural products [here describe the products as in the affidavit], and bond having been given as required by law: "Now, this is to command you that you forthwith seize and take the said agricultural products to an amount sufficient to satisfy the said debts, with interest and costs; and, if there be not a sufficiency of said products so to do, then that you distrain the other goods and chattels of the said , the tenant, so that your whole seizure may be sufficient to satisfy both of said sums, with interest and costs, and that you deal with the same as the law directs. "Witness my hand, the day of , A.D. , J.P."   Click to view   The above form must be varied so as to conform to the affidavit; and if a lien be not claimed, the command will be in these words:   "This is to command you to distrain the goods and chattels of the said_______________ , the tenant, to an amount sufficient to satisfy the said demands, with interest and costs, and that you deal with the same as the law directs."
MS Code § 89-7-69 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-69. Goods sold if not replevied

 The officer making a distress or seizure shall give notice thereof, with the cause of taking, to the tenant or his representative in person if found, or if not found, by leaving the notice at the dwelling house or other conspicuous place on the premises charged with the rent distrained for, and shall immediately advertise the property distrained or seized for sale as if under execution; and if the tenant or owner of the goods distrained or seized shall not, before the time appointed for the sale, replevy the same by giving bond with sufficient sureties, to be approved by such officer, payable to the plaintiff in the attachment, in double the amount claimed, conditioned for the payment of the sum demanded, with lawful interest for the same, and costs, at the end of three (3) months after making the distress, the officer shall sell the goods and chattels distrained or seized at public sale to the highest bidder for cash, and shall, out of the proceeds of the sale, pay the costs of the proceedings, and shall pay to the plaintiff the amount of his demand, with interest.
MS Code § 89-7-71 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-71. Form of bond for payment of rent

 The bond to be taken by the officer for the payment of the rent and supplies, or either, in three (3) months, may be in the following form, viz.:   "The State of Mississippi, County of "We, , principal, and and , sureties, bind ourselves to pay the sum of [here insert double the sum claimed] dollars, unless, on or before the day of , A.D. , the said shall pay to the said the sum of dollars, being for rent and supplies due him from the said , the tenant on the land in said county, being [here describe the leased premises as in the writ], together with interest thereon to said date, and the costs of the attachment for the same, levied on the property of said tenant, and now restored to him by virtue of this bond. "Witness our signatures, this day of , A.D. . ", ", "." "The foregoing bond is approved by me, this day of , A.D. . ", Sheriff."   Click to view   If the attachment be for rent not due, the bond for the payment thereof will vary in its terms to suit the case.
MS Code § 89-7-73 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-73. Bond delivered to lessor, and proceedings thereon

 The bond taken for the payment of rent or supplies shall be forthwith delivered to the landlord for whom the distress was made; and if the money be not paid according to the condition, any court having jurisdiction of the amount thereof shall, on motion, award execution against the obligors therein, the bond being filed in the court, and five (5) days' notice given of the motion.