reglab/housing_qa huggingface dataset:
MS Code § 89-7-75 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-75. Remedy when claim not due in certain cases

 When any landlord or lessor shall have just cause to suspect, and shall verily believe, that his tenant will remove his agricultural products on which there is a lien, or any part thereof, from the leased premises to any other place before the expiration of his term, or before the rent or claim for supplies will fall due, or that he will remove his other effects, so that distress cannot be made, the landlord or lessor, in either case, on making oath thereof, and of the amount the tenant is to pay, and at what time the same will fall due, and giving bond, as required were the debt due, may, in like manner, obtain an attachment against the goods and chattels of such tenant; and the officer making the distress shall give notice thereof, and advertise the property distrained or seized for sale. If the tenant shall not, before the time appointed for sale, give bond, with sufficient sureties, in double the amount of the rent or other demand, payable to the plaintiff, conditioned for the payment of the sum due at the time it shall fall due, with costs, the goods distrained or seized, or so much thereof as may be necessary, shall be sold by the officer, at public sale, to the highest bidder, for cash, and out of the proceeds of the sale he shall pay the costs, and shall pay to the plaintiff the amount owing to him, deducting interest for the time until the same shall become due.
MS Code § 89-7-77 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-77. Goods removed before debt due, distrained

 When any tenant shall have actually removed his effects, other than the agricultural products, upon which there is a lien, from the leased premises before the rent or demand for supplies has become due, so that there be no sufficient property liable to distress or seizure left on the premises, the landlord may in like manner obtain an attachment at any time after such removal or within thirty (30) days after such rent or other claim becomes due, and may levy the same on the effects so removed wherever they may be found and like proceedings shall be had thereon as in other cases. And if any tenant shall remove his agricultural products upon which there is a lien from the leased premises, the landlord may at any time have the same seized wherever they may be found, and like proceedings shall be had thereon as in other cases.
MS Code § 89-7-79 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-79. Goods removed, seized within thirty days

 If any tenant shall at any time convey or carry off from the demised premises, his goods or chattels, leaving the rent, or any part thereof, or the sum owing for supplies, unpaid, the landlord or lessor, or his assigns, may, within thirty (30) days next after such conveying away or carrying off such goods or chattels, cause the same to be taken and seized wherever found, and the same to sell in like manner as if they had been distrained in or upon the demised premises. But goods or chattels, other than the agricultural products upon which there is a lien, so carried off and sold in good faith for a valuable consideration before seizure made, shall not be afterwards liable to be taken and seized for rent or supplies.
MS Code § 89-7-81 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-81. Distress may be made after termination of lease

 Any person, or his executor, administrator, or assigns having rent in arrear upon any lease for life, years, or otherwise, ended and determined, or a claim for supplies, may distrain for such arrears, after the termination of the lease, in the same manner as if the same had not been determined; but the distress must be made within six (6) months after the termination of the lease, and during the continuance of the landlord's title or interest, and during the possession of the tenant from whom the arrears are due.
MS Code § 89-7-83 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-83. Sale of goods stopped without bond

 If the tenant shall make affidavit, before the officer holding his property under an attachment for rent or supplies alleged to be due or to become due, that he does not or will not owe the amount claimed, such officer shall not sell the property, unless it be liable to perish or greatly depreciate, or be expensive to keep, in which case he shall sell it and hold the proceeds to the end of the suit; and he shall return the attachment with the affidavit and a statement of his proceedings to the proper court, and shall summon the party who sued out the attachment to appear there; and further proceedings shall be had as if the tenant had replevied the goods by giving bond.
MS Code § 89-7-85 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-85. Distress to be reasonable, and property seized not to be removed from county

 It shall not be lawful for any officer who may execute an attachment for rent or supplies to remove the property distrained or seized out of the county where the distress or seizure was made; and if any officer or other person shall so remove any property distrained or seized, he shall pay to the party aggrieved double the value of the property removed, to be recovered in an action. And, moreover, distresses and seizures shall in all cases be reasonable and not too great; and any officer who shall make an unreasonable distress or seizure, under color of law, shall be liable to the party aggrieved for double damages.
MS Code § 89-7-87 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-87. Irregularities not to affect distress

 When any distress or seizure shall be made for rent or supplies justly due, and any irregularity or unlawful act shall afterwards be done by the officer distraining or seizing, the distress or seizure shall not, for that reason, be unlawful, nor the officer making or seizing it, or the party at whose instance the writ was issued, become a trespasser from the beginning, but the party aggrieved by such irregularity or unlawful act, may recover the special damage he may have sustained thereby. However, an action shall not be sustained if tender of amends be made by the party distraining before suit is brought.
MS Code § 89-7-89 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-89. How goods replevied

 The tenant, his executor or administrator, may replevy the agricultural products or other property distrained, at any time before the sale thereof, by giving bond with one or more sufficient sureties, to be approved by the officer in whose custody the property may be, payable to the party in whose name or right the distress or seizure was made, in a penalty double the amount distrained for or double the value of the property seized, where the value is less than the amount distrained for, conditioned to prosecute his suit against the obligee in the bond for the property, and to perform the judgment of the court in such suit, in case he shall fail therein. Upon the delivery of such bond to the officer having control of the property, he shall deliver the same to the party giving the bond, and shall return the bond and the writ of attachment, with a statement of his proceedings, to the clerk of the circuit court if the value of the property or amount distrained for exceed Two Hundred Dollars ($200.00), and to the justice of the peace who issued the attachment if neither the amount claimed nor the value of the property exceed Two Hundred Dollars ($200.00); and he shall summon the party in whose name or right the distress or seizure was made, to appear at the next term of the court to which return of the attachment and bond shall be made, to answer the suit of the person replevying the property; and the officer shall make his return of having summoned such party on the papers by him returned to the court.
MS Code § 89-7-91 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-91. Summons or publication for party distraining

 In case of failure to summon in the first instance the party in whose name or right the distress was made, a summons may be issued for him by the clerk of the circuit court or justice of the peace; and if he cannot be found, publication may be made as in attachment cases.
MS Code § 89-7-93 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-93. Form of replevin-bond

 The tenant's replevin-bond, or that of a claimant, may be in the following form, viz.:   "We, , principal, and and , sureties, bind ourselves to pay the sum of dollars [double the value of the goods and chattels, if that be less than the rent claimed], unless the said shall prosecute his suit against the said for certain goods and chattels, to wit: Eight bales of cotton [or whatever is distrained], distrained for rent [or supplies, or both, as the case may be] by virtue of an attachment in favor of against , issued by , a justice of the peace of County, and now here restored to the said , and shall perform the judgment of the court in such suit in case he shall fail therein. "Witness our hands, the day of , A.D. . ", ", "." "I approve the foregoing bond, this day of , A.D. . ""   Click to view
MS Code § 89-7-95 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-95. Party replevying to propound claim

 By the first day of the next term of the court to which such replevy-bond and attachment shall have been returned, or afterwards, if longer time be granted by the court, the party who replevied the property shall file either a motion to quash the attachment proceedings or his declaration in replevin, if in the circuit court, or appear and prosecute his claim, if in a justice's court, against the party in whose name or right the distress or seizure was made. Such party shall make defense, and if the attachment proceeding be quashed it may be amended. A tenant may file his declaration after a motion to quash shall have been denied, and the cause shall proceed to an issue and trial; and if upon trial it be found that the sum for rent or supplies was due, in whole or part, and that the distress was lawfully made, the landlord shall have judgment against the obligors in the replevy-bond for a return of the property replevied, or its value, to an amount sufficient to pay the sum found due, with interest and costs of suit. If the property replevied be restored, it shall be sold to satisfy the judgment, and if it be not sufficient, execution shall go against the party replevying for the residue.
MS Code § 89-7-97 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-97. Form of declaration

 The declaration in replevin in such case may be substantially in the following form, to wit:   "State of Mississippi.   Circuit court, term, A.D. County of "Thomas East, the plaintiff in this case, complains of William West, the defendant, in an action of replevin. "For that heretofore, to wit: on the day of , A.D. , the said defendant wrongfully caused an officer of County to seize and take from the plaintiff's possession, under an attachment for rent [or rent and supplies, or for supplies, as the case may be], certain personal property of the plaintiff's, to wit: here describe the property and give the value of each separate item of it. "And the plaintiff avers that he is entitled to recover the same and also to recover of defendant the sum of dollars damages for the said wrongful taking; wherefore, he sues and demands judgment accordingly, and costs of suit."   Click to view
MS Code § 89-7-99 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-99. Pleas to the declaration

 The only pleas to a declaration in replevin shall be either, first, a denial that the goods were seized on demand or at the plaint of the defendant; or, second, an avowry that they were rightfully seized for rent or supplies, or both, due and in arrear, or to become due. The two pleas can only be pleaded together when each is to only a part of the declaration and relates to separate portions of the property. The first of said pleas shall be substantially to the following effect, to wit:   "Thomas East v. Circuit court, County. William West. "Now comes the defendant, William West, and for plea to plaintiff's declaration, says: It is not true that he caused an officer of County to seize and take from plaintiff, Thomas East, under an attachment for rent, the possession of the property, or any part of it, described in the said declaration; and of this the defendant puts himself upon the country."   Click to view   On the trial of this plea the burden of proof shall be on the plaintiff.
MS Code § 89-7-101 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-101. The avowry

 The avowry shall be substantially to the following effect, to wit:   "Thomas East v. Circuit court, County. William West. "And now comes the defendant, William West, and for plea to plaintiff's declaration he says: True it is that he caused the property described in the plaintiff's declaration to be seized; but the seizure was not wrongful, because he says that before the said seizure defendant was the plaintiff's landlord; that he, the defendant, as landlord, leased to the plaintiff, as tenant, certain premises in said county, to wit: [here describe the leased premises] for the term beginning on the day of , A.D. , and ending on the day of , A.D. ; that at the time of the said seizure the plaintiff, as tenant, was indebted to defendant, as landlord, in the sum of dollars, for rent of said premises and for supplies furnished his said tenant by this defendant [or for rent alone or supplies alone, as the case may be]. An itemized account or statement of said indebtedness is herewith filed [or the note or writing evidencing said debt, as the case may be], and the said debt became due on the day of , A.D. , and the said seizure was made to satisfy the sum so due; and this the defendant is ready to verify." If the avowry be for a sum to become due, strike out from the form all after the last parenthesis, and insert in lieu thereof the following, viz.: "Which said indebtedness will become due on the day of , A.D. , and defendant had just cause to suspect, and verily believed, that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term, or before the said debt would become due, so that distress could not be made, and the said seizure was made to satisfy the said sum. This the defendant is ready to verify."   Click to view
MS Code § 89-7-103 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-103. The replication

 If the avowry be for rent and supplies, or either, claimed to be due and in arrears, the replication by the plaintiff shall be substantially in the following form, viz.:   "Thomas East v. Circuit court, County. William West. "And the plaintiff, for replication, says he was not indebted to the defendant as stated in his said avowry; and of this the plaintiff puts himself upon the country."   Click to view
MS Code § 89-7-105 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-105. Replication in case rent not due

 If the avowry be a claim for rent or supplies, or both, to become due, the plaintiff shall reply either that he was not indebted, as in the form last above, or he may reply in substance as in the following form, viz.:   "Thomas East v. Circuit court, County. William West. "And the plaintiff, for replication, says that the defendant did not have just cause to suspect and verily believe that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term or before the said debt would become due, so that distress could not be made; and of this plaintiff puts himself upon the country."   Click to view   The plaintiff may, in proper case, unite the said replications, or he may reply any other facts constituting a legal answer.   And on the trial of an issue on an avowry, the burden of proof shall be on the avowant, the landlord, and he shall have the right to open and conclude the argument.
MS Code § 89-7-107 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-107. Replevin; when triable, and judgment upon default

 Suits by the tenant or a third person replevying the property, shall be triable at the first term of the court; and in either case, if the party replevying shall make default or fail to prosecute his suit, like judgment shall be entered against him and the sureties on the bond as upon an issue found against him on trial, and a new replevin or writ of second deliverance shall not be allowed.
MS Code § 89-7-109 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-109. Suit revived in case of death of party

 If either party to such replevin or other action growing out of an attachment for rent or supplies, die pending the same, the suit may be revived for or against the representatives of the deceased party as other actions that survive may be revived.
MS Code § 89-7-111 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-111. Judgment if trial results against lessor

 If the trial of suit result in favor of the party replevying the property, the judgment shall be that he retain it, and recover of the party in whose name or right such distress was sued out damages for the wrongful suing out of the attachment. Thereupon scire facias may be issued to the sureties on the attachment-bond to appear at the next term of the court to show cause against a judgment being given against them for the amount of the judgment for damages against their principal, not to exceed the penalty of their bond; and if cause be not affirmatively shown, judgment shall be rendered against them.
MS Code § 89-7-113 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-113. Papers transferred, if returned to wrong court

 If the papers, in case of a replevin of property, be returned to the wrong court, they shall be transferred to the proper court, and the case be there proceeded with as if they had been returned to that court in the first instance.
MS Code § 89-7-115 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-115. Tenant's remedy against landlord

 If any distress or seizure and sale be made under color of law for rent or supplies pretended to be due and in arrear, where, in truth, no rent or sum for supplies is due or owing to the party causing the distress or seizure to be made, then the owner of the agricultural products or other property so taken and sold, his executor or administrator, shall have remedy by action against the person in whose name or right such property was taken, his executor or administrator, and shall recover double the value of the property, with costs, or may put the bond of the plaintiff in suit to recover damages for the wrongful suing out of the writ, and shall recover therein double the value of the property, if the penalty of the bond amount to so much.
MS Code § 89-7-117 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-117. Property of strangers not liable

 Property, except agricultural products on which there is a lien for rent, found or being on any demised premises, not belonging to the tenant or to some person bound or liable for the rent of such premises, shall not be liable to be distrained for rent; but if the tenant or other person liable for the rent have a limited interest in the property, the same may be distrained, and the interest therein of the tenant or person liable for the rent may be sold.
MS Code § 89-7-119 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-119. Replevin of property by strangers

 When any person other than the tenant shall claim to be the owner of any property distrained or seized for rent or supplies, he may make affidavit that said property is his, and not the property of the tenant, and not held to the use of the tenant in any manner whatever, and is not liable to such distress or seizure. If he desire immediate possession of said property, he shall give bond, with sufficient sureties, in the manner directed for the tenant, and such affidavit and bond shall be delivered to the officer who made the distress, who shall deliver the property to the claimant. Such claim may be interposed without giving bond, and the same proceedings shall be had thereon, except that the property claimed shall not be delivered to the claimant, but shall be disposed of as in the case of replevy by the tenant. Upon such claim being made, the landlord may release the property so claimed and forthwith distrain or seize other property in lieu thereof.
MS Code § 89-7-121 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-121. Form of affidavit by third person

 The affidavit by a third person claiming property distrained or seized for rent or supplies may be in the following form, to wit:   "State of Mississippi, County. "Before me, , a justice of the peace of the said county, makes oath that certain property to wit: eight bales of cotton [or whatever the property may be], distrained for rent by , a constable of said county, by virtue of an attachment for rent in favor of against , are the property of affiant and not the property of , nor held in trust for his use, in any manner whatsoever; and are not liable to such distress. "Sworn to and subscribed before me, the day of , A.D. ", J.P."   Click to view
MS Code § 89-7-123 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-123. Proceedings to be as in replevin by tenant

 The affidavit may be made before the officer having the property, and he shall make return of it and of the bond, if any, and the attachment papers, and summon the other party, as required in case of a replevin by the tenant; and the claimant replevying the property shall prosecute his suit against the party in whose name or right it was attached, in all respects as the tenant is required to do; and the pleadings and proceedings shall be conformed so as to present the proper issues.
MS Code § 89-7-125 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 7 - Landlord and Tenant|§ 89-7-125. Burden of proof

 On the trial of the issue between the landlord and such claimant, the burden of proof to show ownership in the property shall be on the claimant.
MS Code § 89-8-1 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 8 - Residential Landlord and Tenant Act|§ 89-8-1. Short title

 This chapter shall be known and may be cited as the "Residential Landlord and Tenant Act."