reglab/housing_qa huggingface dataset:
MS Code § 11-15-117 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-117. Subpoenas for production of evidence and attendance of witnesses; other discovery

  The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the court by a party to the arbitration or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.   On application of a party to the arbitration, the arbitrators, in the manner and upon terms designated by the arbitrators, may permit a deposition to be taken of any person.   Any prehearing discovery other than that referred to above shall only be permissible if agreed to by the parties involved in the arbitration.   All provisions of law compelling a person under subpoena to testify are applicable.   Fees for attendance as a witness shall be the same as for a witness in circuit court.
MS Code § 11-15-119 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-119. Nature of remedy; form and time of award

  The arbitrators may grant any remedy or relief which is just, equitable and consistent with the agreement of the parties which is the subject of the arbitration.   The award shall be in writing and shall be signed by the arbitrator joining in the award. The arbitrators shall deliver a copy to each party to the arbitration either personally or by registered or certified mail, or as provided in the agreement or provision.   An award shall be made within the time fixed therefor by the agreement or provision for arbitration or, if not so fixed, within such time as the court may order on application of a party to the arbitration. The parties may, by written agreement, extend the time before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.   An arbitrator may award attorney's fees and costs to a prevailing party.
MS Code § 11-15-121 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-121. Fees and expenses

 Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' reasonable expenses and fees, together with other reasonable expenses, not including counsel fees, incurred in the conduct of the arbitration shall be paid as provided in the award. Such compensation shall be taxed and collected as costs in the suit.
MS Code § 11-15-123 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-123. Modification or correction of award by arbitrators

 Upon request by a party to the arbitration, mailed by registered or certified mail to the arbitrators and opposing party(s) within twenty (20) days of the receipt of the award, to modify or correct the award on any or all of the grounds enumerated in Section 11-15-135, the arbitrators shall, within ten (10) days, modify, correct or affirm the award as they find proper.
MS Code § 11-15-125 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-125. Confirmation of award by court

 Upon application by a party to the arbitration filed within ninety (90) days of the receipt of the later of a copy of the award issued pursuant to Section 11-15-119, or a modified or corrected award as provided by Section 11-15-123 the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating, modifying or correcting the award, in which case the court shall proceed as provided in Sections 11-15-133 and 11-15-135.
MS Code § 11-15-127 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-127. Form and service of application and notice

 Except as otherwise provided, an application to the court under Sections 11-15-101 through 11-15-143 shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
MS Code § 11-15-129 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-129. Jurisdiction of circuit courts over arbitration

 The term "court" as used in Sections 11-15-101 through 11-15-143 means the circuit court of the county as provided in Section 11-15-131. The making of an agreement or provision for arbitration subject to Sections 11-15-101 through 11-15-143 and providing for arbitration in this state shall, whether made within or outside this state, confer jurisdiction on the court to enforce the agreement or provision under Sections 11-15-101 through 11-15-143 and to enter judgment on an award duly rendered in an arbitration thereunder and to vacate, modify or correct an award rendered thereunder for such cause and in the manner provided in Sections 11-15-101 through 11-15-143.
MS Code § 11-15-131 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-131. Venue of arbitration applications

 An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise, the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
MS Code § 11-15-133 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-133. Vacating arbitration award

  Upon application of a party, the court shall vacate an award where:   The award was procured by corruption, fraud or other undue means;   There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party.  The fact that the relief was such that it could not or would not be granted by a court of law or equity is no ground for vacating or refusing to confirm the award.      An application under this section shall be made within ninety (90) days after receipt of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known.   In vacating the award on such grounds, the court may order a rehearing before new arbitrators chosen as provided in the agreement or provision for arbitration or, in the absence thereof, by the court in accordance with Section 11-15-107. The time within which the agreement or provision for arbitration requires the award to be made is applicable to the rehearing and commences from the date of the order.   If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
MS Code § 11-15-135 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-135. Application for modification or correction of award; grounds; joinder with application for vacating award

  Upon application made by a party to the arbitration within ninety (90) days after receipt of a copy of the award, the court shall modify or correct the award where:   There is an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;   The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or   The award is imperfect in a matter of form, not affecting the merits of the controversy.     If such application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected; otherwise, the court shall confirm the award as made.   An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
MS Code § 11-15-137 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-137. Order and judgment on award; enforcement; costs

 Upon the granting of an order confirming, modifying or correcting an award, a judgment or decree shall be entered and be enforced as any other judgment or decree. Costs may be awarded by the court.
MS Code § 11-15-139 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-139. Preparation of judgment roll; docketing judgment or decree

  On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:   The agreement or provision for arbitration and each written extension of the time within which to make the award;   The award;   A copy of the order confirming, modifying or correcting the award; and   A copy of the judgment or decree.     The judgment or decree shall be docketed as if rendered in a civil action.
MS Code § 11-15-141 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-141. Court actions from which appeal may be taken

  An appeal from the court may be taken from:   An order denying the application to compel arbitration made under Section 11-15-105;   An order granting an application to stay arbitration made under Section 11-15-105;   An order confirming or denying confirmation of an award;   An order modifying or correcting an award;   An order vacating an award without directing a rehearing; or   A judgment or decree entered pursuant to the provisions of Sections 11-15-101 through 11-15-143.     The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
MS Code § 11-15-143 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 15 - Arbitration and Award|Arbitration of Controversies Arising from Construction Contracts and Related Agreements|§ 11-15-143. Inapplicability of other arbitration provisions

 Sections 11-15-1, 11-15-3, 11-15-5, 11-15-7, 11-15-9, 11-15-11, 11-15-13, 11-15-15, 11-15-17, 11-15-19, 11-15-21, 11-15-23, 11-15-25, 11-15-27, 11-15-29, 11-15-31, 11-15-33, 11-15-35 and 11-15-37, Mississippi Code of 1972, which provide for the submission for determination of disputed matter to arbitrators selected by law or agreement, shall not be applicable to those agreements enumerated in Section 11-15-101.
MS Code § 11-21-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-1. Partition by agreement and by arbitration; partition of homestead property

  Partition of land held by adult joint tenants, tenants in common, and coparceners, may be made by agreement, which shall be evidenced by a writing, signed by the parties, and containing a description of the particular part allotted to each, and recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be binding and conclusive on the parties. They may also bind themselves by written agreement to submit the partition to the arbitrament of one or more persons to be chosen by them, and to abide the partition made by the arbitrators and the articles of submission; and the written award shall be recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be final and conclusive between the parties, unless made or procured by fraud.   Homestead property exempted from execution that is owned by spouses shall be subject to partition pursuant to the provisions of this section only, and not otherwise.
MS Code § 11-21-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-3. Partition by decree of chancery court

 Partition of land held by joint tenants, tenants in common, or coparceners, having an estate in possession or a right of possession and not in reversion or remainder, whether the joint interest be in the freehold or in a term of years not less than five (5), may be made by judgment of the chancery court of that county in which the lands or some part thereof, are situated; or, if the lands be held by devise or descent, the division may be ordered by the chancery court of the county in which the will was probated or letters of administration granted, although none of the lands be in that county.   However, any person owning an indefeasible fee simple title to an undivided interest in land may procure a partition of said land and have the interest of such person set apart in fee simple free from the claims of life or other tenants, remaindermen or reversioners, provided the life or other tenants, and other known living persons having an interest in the lands, are made defendants if they do not join in the proceeding as plaintiffs.
MS Code § 11-21-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-5. Parties to proceedings for partition

 Any of the parties in interest, whether infants or adults, may institute proceedings for the partition of lands or for a partition sale thereof, by judgment of court as herein provided. All persons in interest must be made parties except (a) in cases where a part of the freehold is owned by persons owning a life estate therein or a life tenancy therein subject to the rights of remaindermen or reversioners, then, in such event, it shall only be necessary that the person or persons owning or claiming a life estate or life tenancy therein be made parties; and (b) in cases where the partition is for the surface of the land only, it shall not be necessary that persons owning divided or undivided interests in the minerals in the land be made parties unless such persons also have an interest in the surface of the land. An infant, or person of unsound mind, may sue by next friend as in other cases; but if the infant, or non compos mentis, have a guardian, the guardian must appear as next friend, unless good cause to the contrary be shown. Where an infant or non compos is made a party defendant, the guardian, if any, of such infant or non compos shall also be made a party, whether the infant or non compos be resident or nonresident and whether the guardian be a resident or a nonresident; and the said guardian may appear and answer the complaint. The summons to the defendants, including the guardian aforesaid, shall be made pursuant to the Mississippi Rules of Civil Procedure. The word "guardian," where used in this section, shall be held to apply also to all persons who, under the laws of any other state or country, stand in that relation whether known as curator, tutor, committee or conservator, or by whatever other name or title such person may be known.
MS Code § 11-21-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-7. Proceedings same as in other cases; when ex parte petitions may be heard

 Except as otherwise provided herein, the proceedings for partition shall be instituted and conducted as other suits in chancery; and all ex parte petitions may be heard and determined by the chancellor in term time or in vacation.
MS Code § 11-21-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-9. Controverted title and all equities disposed of

 If the title of the plaintiffs seeking partition or sale of land for a division shall be controverted, it shall not be necessary for the court to dismiss the complaint, but the question of title shall be tried and determined in the suit and the court shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands whereof partition is sought and to apportion encumbrances, if partition be made of land encumbered and it be deemed proper to do so. The court may adjust the equities between and determine all claims of the several cotenants, as well as the equities and claims of encumbrancers.
MS Code § 11-21-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-11. Court may order sale in first instance

 If, upon hearing, the court be of the opinion that a sale of the lands, or any part thereof, will better promote the interest of all parties than a partition in kind, or if the court be satisfied that an equal division cannot be made, it shall order a sale of the lands, or such part thereof as may be deemed proper, and a division of the proceeds among the cotenants according to their respective interests. The court may appoint a master to make the sale, and may make all proper orders to protect the rights of the parties interested. The court may order the sale of a part of the land and the partition in kind of the residue.   Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.
MS Code § 11-21-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-13. Partition without masters; owelty

 If, at the hearing, it appear that the intervention of masters is unnecessary to secure an equal partition in kind, or that the same can be effected by providing owelty, and that it would best promote the interest of the parties, the court may order the partition and fix the amount to be paid by one (1) or several cotenants to another or others; or this may be done on hearing the report of the master.
MS Code § 11-21-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-15. Judgment appointing masters

 If the judgment is for a partition of the land, it shall state the number of shares into which the land is to be divided, and shall appoint not more than three (3) discreet freeholders, not related to the parties by consanguinity or affinity, to make partition according to the judgment. Either party may object to any master for cause, and, in case the objection is sustained, the place shall be filled by another appointment. If any vacancy occurs among the masters, the chancellor may fill the vacancy at any time by written appointment.
MS Code § 11-21-17 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-17. Oath of special commissioners

 Before the special commissioners enter upon the discharge of their duties, they shall take and subscribe an oath before some competent officer, that they will honestly, faithfully and impartially make the partition decreed, and perform the duties required of them to the best of their skill, knowledge and judgment.
MS Code § 11-21-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-19. Survey made and division into shares

 The special commissioners shall, if deemed advisable, cause a survey to be made of the lands to be divided, in their presence, and shall divide the same into the number of parts or shares directed in the order containing their appointment, each part or share to contain one or more lots, as the special commissioners may think proper, having regard to the situation, quantity, quality and advantages of each part or share, so that they may be equal in value as nearly as may be, or according to the respective rights of the parties. If the bounds or title of any tract be controverted and the controverted part be valuable, the special commissioners shall separate it from the part not controverted, and make a partition of the tract or tracts in such manner that a portion of the controverted part may be allotted to each share, as well as a portion of the part not controverted. The special commissioners, or any one of them, previous to the survey, if any, shall administer an oath to the surveyors and chain bearers that they will honestly and impartially perform their respective duties.
MS Code § 11-21-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-21. Allotment of shares by ballot

 The special commissioners, if the same have not been done by the surveyor, shall make a plat of land to be divided; shall make true field notes, specifying the metes and bounds of the several shares, and of each parcel of each share which contains more than one parcel; and the several shares and parcels of shares shall be distinctly designated on the plat and numbered from one progressively, and the same number shall designate the several parcels of one share; and they shall allot the several shares in the following manner: The special commissioners shall publicly number as many tickets as there are shares marked on the plat, and put the tickets into a hat or box, and the names of the persons entitled to shares shall be written on separate tickets and put into another hat or box, when a person appointed for that purpose by the special commissioners shall proceed to draw a ticket of those containing the names, and then a ticket of the numbers, and so proceed until the whole are drawn; and the number which shall be drawn to the name of any cotenant shall be his separate share in the land so divided. The special commissioners shall make certificate of the balloting, signed by them, specifying the time, place and manner thereof, and the allotment of shares.