reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-117 - Subpoenas for production of evidence and attendance of witnesses; other discovery

(1)
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.
(2)
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.
(3)
Any prehearing discovery other than that referred to above shall only be permissible if agreed to by the parties involved in the arbitration.
(4)
All provisions of law compelling a person under subpoena to testify are applicable.
(5)
Fees for attendance as a witness shall be the same as for a witness in circuit court.
Laws, 1981, ch. 495, § 9, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-119 - Nature of remedy; form and time of award

(1)
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.
(2)
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.
(3)
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.
(4)
An arbitrator may award attorney's fees and costs to a prevailing party.
Laws, 1981, ch. 495, § 10; Laws, 1994, ch. 626, § 8, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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.
Laws, 1981, ch. 495, § 11, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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.
Laws, 1981, ch. 495, § 12, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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
.
Laws, 1981, ch. 495, § 13, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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.
Laws, 1981, ch. 495, § 14, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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
.
Laws, 1981, ch. 495, § 15, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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.
Laws, 1981, ch. 495, § 16, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-133 - Vacating arbitration award

(1)
Upon application of a party, the court shall vacate an award where:
(a)
The award was procured by corruption, fraud or other undue means;
(b)
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.
(2)
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.
(3)
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.
(4)
If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
Laws, 1981, ch. 495, § 17, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-135 - Application for modification or correction of award; grounds; joinder with application for vacating award

(1)
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:
(a)
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;
(b)
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
(c)
The award is imperfect in a matter of form, not affecting the merits of the controversy.
(2)
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.
(3)
An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Laws, 1981, ch. 495, § 18, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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.
Laws, 1981, ch. 495, § 19, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-139 - Preparation of judgment roll; docketing judgment or decree

(1)
On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:
(a)
The agreement or provision for arbitration and each written extension of the time within which to make the award;
(b)
The award;
(c)
A copy of the order confirming, modifying or correcting the award; and
(d)
A copy of the judgment or decree.
(2)
The judgment or decree shall be docketed as if rendered in a civil action.
Laws, 1981, ch. 495, § 20, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 11-15-141 - Court actions from which appeal may be taken

(1)
An appeal from the court may be taken from:
(a)
An order denying the application to compel arbitration made under Section
11-15-105
;
(b)
An order granting an application to stay arbitration made under Section
11-15-105
;
(c)
An order confirming or denying confirmation of an award;
(d)
An order modifying or correcting an award;
(e)
An order vacating an award without directing a rehearing; or
(f)
A judgment or decree entered pursuant to the provisions of Sections
11-15-101
through
11-15-143
.
(2)
The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
Laws, 1981, ch. 495, § 21, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 15 - ARBITRATION AND AWARD (§§ 11-15-1 — 11-15-143) › ARBITRATION OF CONTROVERSIES ARISING FROM CONSTRUCTION CONTRACTS AND RELATED AGREEMENTS (§§ 11-15-101 — 11-15-143) › Section 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
.
Laws, 1981, ch. 495, § 22, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-1 - Proceedings to confirm tax title

Any person holding or claiming under a tax title lands heretofore or hereafter sold for taxes, when the period of redemption has expired, may proceed by sworn complaint in the chancery court to have such title confirmed and quieted, and shall set forth in his complaint his claim under the tax sale, and the names and places of residence of all persons interested in the land, so far as known to plaintiff, or as he can ascertain by diligent inquiry. Where the names of persons in interest or their places of residence are unknown and have not been ascertained by diligent inquiry, the complaint shall so state. Where the name and places of residence of persons in interest are given they shall be made parties defendant. Where the complaint shall show that the persons interested are unknown to plaintiff and that he has made diligent inquiry for their names and could not obtain them, all persons interested may be made defendants by a notice addressed: "To all persons having or claiming any interest in the following described land, sold for taxes on (inserting date of sale), viz: (Describing land as described in the tax collector's conveyance)." The notice shall state the nature of the suit and it shall be published in accordance with the requirements of the Mississippi Rules of Civil Procedure. It shall be lawful in all cases to set forth in the complaint the names of all persons interested, as far as ascertained, and make them parties and also to join and make defendants "all persons having or claiming any legal or equitable interest in" the lands described in the complaint. Such suits shall be proceeded with as other cases; and if the complaints be taken for confessed, or if it appear that plaintiff is entitled to a judgment, it shall be rendered, confirming the tax title against all persons claiming to hold the land by title existing at the time of the sale for taxes. Such judgment shall vest in the plaintiff, without any conveyance by a master or commissioner, a good and sufficient title to said land; and such judgment shall, in all courts of this state, be held as conclusive evidence that the title to said land was vested in the plaintiff, as against all persons claiming the same under the title existing prior to the sale for taxes.
Codes, 1871, § 1753; 1880, § 578; 1892, § 498; 1906, § 548; Hemingway's 1917, § 305; Laws, 1924, ch. 151; 1930, § 402; 1942, § 1314; Laws, 1991, ch. 573, § 32, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-3 - Confirmation of state land patents

Any patentee, or any person, firm or corporation, claiming title or other interest in land under or through any patentee by virtue of any patent issued by the state for lands forfeited to the state for nonpayment of taxes, whether such claimant be in possession or not, or be threatened to be disturbed in his possession or not, may proceed as party plaintiff against the state, as a party defendant, by sworn complaint in the chancery court of the county where the land, or some part thereof, is situated, to have such title or interest confirmed and quieted. No deraignment of plaintiff's title in such cases shall be required.
Codes, 1942, § 1315; Laws, 1940, ch. 309; Laws, 1991, ch. 573, § 33, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-5 - Confirmation of state land patents; duty of attorney general

The attorney general, in proper cases after investigation, shall file an answer in all such cases setting up any defense on the part of the state of Mississippi, and all of the pleadings in such cases shall be the same as in other cases in chancery. The said cause shall be heard and determined as other cases in chancery.
Codes, 1942, § 1316; Laws, 1940, ch. 309.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-7 - Confirmation of state land patents; powers of court

The court is hereby granted large discretion and far reaching powers in the matter of establishing and fixing the validity of land patents issued by the state and title conveyed thereunder, and the sound discretion of the court in deciding all such cases shall be the controlling factor in settling the issues where only state interests are involved. No decree pro confesso shall be taken against the state, but on failure of the attorney general to answer within the time required by law, the cause shall be heard on the bill and proof thereon.
Codes, 1942, § 1316; Laws, 1940, ch. 309.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-9 - Confirmation of state land patents; decree; effect of fraud and failure to pay purchase price

Upon the hearing of such cases, it shall be the duty of the chancery court to enter a decree validating and perfecting the title of said land from the state of Mississippi, unless it shall appear to the court and the court shall find as a fact that the state has not acquired title to said land by virtue of said tax sale, or that the title to the said land involved in the suit was divested out of the state of Mississippi without payment of purchase price or by reason of actual fraud on the part of the patentee, or his representatives. In such cases of fraud and failure to pay purchase price, the chancery court shall enter a decree forever annulling and cancelling the said patent; but no patent heretofore issued shall be cancelled in such proceeding because of loss of the application papers to purchase said land, or because of errors or omissions or incorrect statements in said application, or other papers in connection with the sale of said land, such matters not constituting fraud as above defined.
Codes, 1942, § 1317; Laws, 1940, ch. 309.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-11 - Confirmation of state land patents; appeals

Any of the parties to the suit may appeal as in other proceedings in chancery, provided any interlocutory appeal is taken within ten days after the rendition of the decree from which the appeal is desired, and provided that any final appeal is taken within sixty days from the date of the rendition of the final decree.
Codes, 1942, § 1318; Laws, 1940, ch. 309.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-13 - Confirmation of state land patents; res judicata

Any land patent and title perfected by a decree in a suit under Sections
11-17-3
through
11-17-17
shall forever estop and preclude the state and other parties from thereafter questioning the validity of the patent involved in such proceeding.
Codes, 1942, § 1319; Laws, 1940, ch. 309.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-15 - Confirmation of state land patents; duty of district attorney and county attorney

It is hereby made the duty of the district attorneys and county attorneys in their respective jurisdictions to fully cooperate with the attorney general in the investigation and trial of all cases filed under Sections
11-17-3
through
11-17-17
; and, at the request of the attorney general, such officers shall investigate the facts involved and file such answers and perform such other reasonable services in connection therewith as the attorney general may request.
Codes, 1942, § 1320; Laws, 1940, ch. 309.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-17 - Confirmation of state land patents; construction of Sections 11-17-3 through 11-17-17

Sections
11-17-3
through
11-17-17
shall be liberally construed to validate and quiet title to lands heretofore passing under patent from the state and shall in no way be construed as repealing or limiting any other statutes now existing in aid of such titles under patents from the state.
Codes, 1942, § 1321; Laws, 1940, ch. 309.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-19 - Confirmation of title or interests granted by political subdivision

Any person, firm or corporation which claims title to or a leasehold or other interest in any real property, other than sixteenth section school lands or lands granted in lieu thereof, under or by virtue of a sale, conveyance or lease of such property by any county, municipality, supervisor's district, or other political subdivision of the State of Mississippi, acting either separately or jointly, may proceed by sworn complaint in the chancery court of the county in which such real property, or some part thereof, is located, to have the title to or leasehold or other interest in such real property quieted and confirmed. Such action may be brought whether or not such person, firm or corporation be in possession of such real property, or whether he or it be threatened to be disturbed in such possession or not. In such complaint, the person, firm or corporation claiming such title or leasehold or other interest shall be the party plaintiff and there shall be made defendants thereto the county, municipality or other political subdivision which sold, conveyed or leased said property, the Attorney General of the state and the district attorney of the county in which said suit is filed. In any such suit, it shall not be necessary that the plaintiff therein deraign his title to said property.
Codes, 1942, § 1322-01; Laws, 1954, ch. 248, § 1; Laws, 1991, ch. 573, § 34, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-21 - Proceedings in suit for confirmation of title granted by political subdivision; defaults

All proceedings in said suit shall be governed by the Mississippi Rules of Civil Procedure. However, no default judgment shall be entered against the defendants unless the court determines the truth of the averments after a hearing pursuant to the Mississippi Rules of Civil Procedure.
Codes, 1942, § 1322-02; Laws, 1954, ch. 248, § 2; Laws, 1991, ch. 573, § 35, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-23 - Confirmation of title or interest granted by political subdivision; decree; res judicata

In all such proceedings the court shall find whether the sale, conveyance or lease of such real property was lawful and valid. Upon the hearing of such case, the chancery court shall enter a decree validating and confirming the complainant's title to or leasehold or other interest in such real property as against the defendants in said suit, unless it shall appear to the court and the court shall find that the title thereto or leasehold or other interest therein was not lawfully and validly acquired by virtue of the sale, conveyance or lease under which such complainant claims, in which latter case the chancery court shall enter a decree annulling and cancelling such sale, conveyance or lease, or such other decree as the court may find to be lawful, just and equitable in such case. When any sale, conveyance or lease of any such property shall be confirmed and validated under the provisions of Sections
11-17-19
through
11-17-27
by decree of the chancery court, such decree shall forever estop and preclude the defendants and all other parties from thereafter questioning the validity of the sale, conveyance or lease involved in such proceedings.
Codes, 1942, § 1322-03; Laws, 1954, ch. 248, § 3.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-25 - Confirmation of title or interest granted by political subdivision; appeals

Any of the parties to a confirmation suit filed under the provisions of Sections
11-17-19
through
11-17-27
may appeal from the decree of the chancery court in the manner and within the time provided by law, and such appeals shall be heard as are other cases of appeals from the decrees of the chancery court.
Codes, 1942, § 1322-04; Laws, 1954, ch. 248, § 4.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-27 - Confirmation of title or interest granted by political subdivision; applicability of Sections 11-17-19 through 11-17-27

Sections
11-17-19
through
11-17-27
shall be applicable to all sales, conveyances and leases of real property, other than sixteenth section school lands or lands granted in lieu thereof, made by any county, municipality, supervisor's district or other political subdivision of the State of Mississippi, acting either jointly or separately, to any person, firm or corporation, including, but not being limited to, sales, conveyances and leases made under the authority of Sections
57-1-1
through
57-1-51
, any other statute of the State of Mississippi, whether same be general, special or local and private, and sales, conveyances and leases made under the general authority of counties, municipalities, and other political subdivisions, whether same were authorized by a specific statute or not.
Codes, 1942, § 1322-05; Laws, 1954, ch. 248, § 5.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-29 - Any other title may be confirmed

The owner in possession of any land, or the owner thereof who may be out of possession, if there be no adverse occupancy thereof, may file a bill in the chancery court to have his title confirmed and quieted. The law for notice, process, proceedings, and practice, as provided for confirming and quieting tax titles shall apply, no matter by what tenure the complainant may hold. Unknown and nonresident parties may be made defendants as they are made defendants to proceedings to confirm tax titles. If on the final hearing of any such suit, the court shall be satisfied that the complainant is the real owner of the land, it shall so adjudge, and its decree shall be conclusive evidence of title as determined from the date of the decree as against all parties defendant.
Codes, 1892, § 499; 1906, § 549; Hemingway's 1917, § 306; 1930, § 403; 1942, § 1323.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-31 - Removing clouds upon titles

When a person not the rightful owner of any real estate, shall have any conveyance or other evidence of title thereto, or shall assert any claim, or pretend to have any right of title thereto, which may cast doubt, or suspicion on the title of the real owner, such real owner may file a bill in the chancery court to have such conveyance or other evidence or claim of title cancelled, and such cloud, doubt or suspicion removed from said title, whether such real owner be in possession or not, or be threatened to be disturbed in his possession or not, and whether the defendant be a resident of this state or not. Any person having the equitable title to land may, in like cases, file a bill to divest the legal title out of the person in whom the same may be vested, and to vest the same in the equitable owner. Any person holding or claiming under a tax title lands heretofore or hereafter sold for taxes may proceed hereunder in like manner and may include, as a defendant, any political subdivision of the state, having or asserting any evidence or claim of title adverse to such tax title.
Codes, Hutchinson's 1848, ch. 54, art. 16 (1); 1857, ch. 62, art. 8; 1871, § 975; 1880, § 1833; 1892, § 500; 1906, § 550; Hemingway's 1917, § 307; 1930, § 404; 1942, § 1324; Laws, 1948, ch. 226.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-34 - Disposition of mineral lease proceeds held by receiver

Unless otherwise released by the court, the receiver appointed in Section
11-17-33
shall hold all net proceeds paid in connection with such lease for a period of ten (10) years from the date of the decree establishing the receivership. If, at the end of that period of ten (10) years, no valid claim has been made for such moneys and said mineral interests, all moneys and mineral interests held by the receiver shall immediately escheat to the state in the same manner as if the absent person had died intestate leaving no heirs capable of inheriting as set forth in Chapter 11, Title 89, Mississippi Code of 1972. Provided, however, any person who is not concluded as a party or privy by a decree in favor of the state in proceedings to establish an escheat, may recover of the state, by suit, the net proceeds derived from any lease and from the sale of such minerals and paid into the state treasury, if the party shall establish his right to such minerals and that the same had not properly escheated to the state; but the title of the purchaser of such minerals shall not be thereby disturbed.
Laws, 1980, ch. 412, § 2, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-35 - Title of complainant must be deraigned-and decrees, in certain cases, recorded as deeds

In bills to confirm title to real estate, and to cancel and remove clouds therefrom, the complainant must set forth in plain and concise language the deraignment of his title. If title has passed out of the sovereign more than seventy-five (75) years prior to the filing of the bill, then the deraignment shall be sufficient if it show title out of the sovereign and a deraignment of title for not less than sixty (60) years prior to the filing of the bill. A mere statement therein that complainant is the real owner of the land shall be insufficient, unless good and valid reason be given why he does not deraign his title. In all such cases, final decrees in the complainant's favor shall be recorded in the record of deeds, and shall be indexed as if a conveyance of the land from the defendant or each of them, if more than one, to the complainant or complainants, if more than one.
Codes, 1892, § 501; 1906, § 551; Hemingway's 1917, § 308; 1930, § 405; 1942, § 1325; Laws, 1962, ch. 285.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37) › Section 11-17-37 - Decrees as to possession, rents, etc

In suits to try title, to cancel deeds and other clouds upon title, and to confirm title to real estate, the chancery court shall have jurisdiction to decree possession and to displace possession, to decree rents and compensation for improvements and taxes. In all cases where said courts heretofore exercised jurisdiction auxiliary to courts of common law, it may exercise such jurisdiction to grant the relief sought, although the legal remedy may not have been exhausted or the legal title established by a suit at law.
Codes, 1892, § 502; 1906, § 552; Hemingway's 1917, § 309; 1930, § 406; 1942, § 1326.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-1 - In what case the action lies

A civil action seeking ejectment as relief may be maintained in all cases where the plaintiff is legally entitled to the possession of the land sued for and demanded.
Codes, 1892, § 1626; 1906, § 1801; Hemingway's 1917, § 1434; 1930, § 1427; 1942, § 778; Laws, 1991, ch. 573, § 36, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-3 - Power of courts over proceedings

The court in which an action of ejectment may be brought or be pending may exercise over the proceedings therein the like jurisdiction and control as heretofore exercised in the action of ejectment, so as to insure a trial of the title only, and of actual ouster when necessary, and for all other purposes for which such jurisdiction was heretofore exercised.
Codes, 1857, ch. 55, art. 33; 1871, § 1570; 1880, § 2514; 1892, § 1627; 1906, § 1802; Hemingway's 1917, § 1435; 1930, § 1428; 1942, § 779.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-5 - Who may be made defendants

If the premises for which the action is brought be actually occupied by any person, such actual occupant shall be made a defendant in the suit; and all other persons claiming title or interest to or in the same may also, in all cases, be joined as defendants. If the premises be not occupied, the action shall be brought against some person exercising acts of ownership over the premises claimed, or claiming title thereto or some interest therein at the commencement of the suit.
Codes, 1892, § 1628; 1906, § 1803; Hemingway's 1917, § 1436; 1930, § 1429; 1942, § 780.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-7 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1892, § 1629; 1906, § 1804; Hemingway's 1917, § 1437; 1930, § 1430; 1942, § 781.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-9 - Landlord notified and admitted to defend

Every tenant sued in a civil action seeking ejectment as relief shall forthwith give notice thereof to his landlord, under penalty of three (3) years' rent of the premises, to be recovered by the landlord or his representatives in a civil action. The landlord of such tenant, or any other proper person, shall, by leave of the court or judge, be admitted to appear and defend the action in all cases where the same would have been allowed heretofore, and either separately or jointly with the tenant. Any person admitted to defend as landlord in respect of property whereof he is in possession only by his tenant, shall state in his answer that he defends as such landlord, and such person shall be allowed to set up any defense he has heretofore been allowed to set up, and no other. Any judgment in such action shall have the same effect for or against such person so admitted to defend as if he had been named in the complaint and regularly served with process.
Codes, Hutchinson's 1848, ch. 59, art. 1 (85, 86); 1857, ch. 55, art. 4; 1871, § 1542; 1880, § 2482; 1892, § 1630; 1906, § 1805; Hemingway's 1917, § 1438; 1930, § 1431; 1942, § 782; Laws, 1991, ch. 573, § 37, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-11 - Reversioner or remainderman admitted to defend

If a tenant for life or lives be impleaded concerning the land holden, the person to whom the reversion or remainder belongs may come into court at any time before judgment, and shall be admitted to defend his right.
Codes, 1880, § 2516; 1892, § 1631; 1906, § 1806; Hemingway's 1917, § 1439; 1930, § 1432; 1942, § 783.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-13 - Default of tenant for life not to prejudice

If a tenant for life or lives, when impleaded, make default or give up the tenement demanded, or if the judgment be given on such default or surrender, the person to whom the reversion or remainder belongs after the determination of the life estate, shall not be prejudiced or injured by such default, surrender, or judgment.
Codes, 1880, § 2517; 1892, § 1632; 1906, § 1807; Hemingway's 1917, § 1440; 1930, § 1433; 1942, § 784.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-15 - Declaration

The consent rule, and all fictions heretofore used in a civil action seeking ejectment as relief, are abolished; and the action shall be commenced by filing a complaint in the name of the person claiming the premises in question, as plaintiff against the defendant. The complaint shall describe the premises with such certainty as will distinctly apprise the defendant of their description and situation, and so that from such description possession may be delivered. If the plaintiff claim only an undivided interest therein, it shall state such interest. If the plaintiff claim more than he is entitled to, he may, nevertheless, recover so much as he shall prove title to.
Codes, 1857, ch. 55, art. 1; 1871, § 1539; 1880, § 2479; 1892, § 1633; 1906, § 1808; Hemingway's 1917, § 1441; 1930, § 1434; 1942, § 785; Laws, 1991, ch. 573, § 38, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-17 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1857, ch. 55, art. 2; 1871, § 1540; 1880, § 2480; 1892, § 1634; 1906, § 1809; Hemingway's 1917, § 1442; 1930, § 1435; 1942, § 786.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-19 - Answer and defense

The defendants, or any of them, shall be allowed to answer or otherwise defend the action, either jointly or separately. The answer, if the defendant do not admit the plaintiff's title, shall be "not guilty," which shall be filed within the like time as required in personal actions; and under said answer the defendant may give in evidence any lawful defense to the action not inconsistent with the other provisions of this chapter. Any defendant may defend for a part only of the premises in question; and in such case the part shall be described in the answer with the same certainty required in the complaint.
Codes, 1857, ch. 55, art. 3; 1871, § 1541; 1880, § 2481; 1892, § 1635; 1906, § 1810; Hemingway's 1917, § 1443; 1930, § 1436; 1942, § 787; Laws, 1991, ch. 573, § 39, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-21 - Pleading amended as to description of premises

If the premises be not described with sufficient certainty in the complaint or answer, the court or judge may order the pleading to be amended so as to contain a sufficient description. If either party fail to comply with such order, judgment may be entered as for want of a complaint or answer, according to the circumstances of the case.
Codes, 1857, ch. 55, art. 6; 1871, § 1544; 1880, § 2484; 1892, § 1636; 1906, § 1811; Hemingway's 1917, § 1444; 1930, § 1437; 1942, § 788; Laws, 1991, ch. 573, § 40, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-23 - Forms of proceedings

Declarations, writs, and pleas in the form or to the effect of the precedents appended hereto, shall be good and sufficient for all purposes in proceedings under this chapter.
Codes, 1857, ch. 55, art. 35; 1871, § 1547; 1880, § 2487; 1892, § 1637; 1906, § 1812; Hemingway's 1917, § 1445; 1930, § 1438; 1942, § 789.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-25 - Form of declaration

"The State of Mississippi In the circuit court
____________________ term,
County of ____________________ A.D. ____________________
"A B, plaintiff, claims the right to possession of a tract of land, situated in ____________________ County, containing ____________________ acres, more or less, and being more particularly described as follows: (here insert legal description of premises); and that the defendant wrongfully deprives him of the possession thereof, for which damage in the amount of ____________________ Dollars are here demanded.
"E F, Attorney for Plaintiff."
If mesne profits be demanded, add to the above form the following:
"And the plaintiff also demands of the defendant the sum of ____________________ Dollars for the use and occupation of the said land by the defendant."
Codes, 1892, § 1638; 1906, § 1813; Hemingway's 1917, § 1446; 1930, § 1439; 1942, § 790; Laws, 1991, ch. 573, § 41, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-27 - through 11-19-51 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-19-27. [Codes, 1892, § 1639; 1906, § 1814; Hemingway's 1917, § 1447; 1930, § 1440; 1942, § 791] § 11-19-29. [Codes, 1892, § 1640; 1906, § 1815; Hemingway's 1917, § 1448; 1930, § 1441; 1942, § 792] § 11-19-31. [Codes, 1892, § 1641; 1906, § 1816; Hemingway's 1917, § 1449; 1930, § 1442; 1942, § 793] § 11-19-33. [Codes, 1892, § 1642; 1906, § 1817; Hemingway's 1917, § 1450; 1930, § 1443; 1942, § 794] § 11-19-35. [Codes, 1892, § 1643; 1906, § 1818; Hemingway's 1917, § 1451; 1930, § 1444; 1942, § 795] § 11-19-37. [Codes, 1892, § 1644; 1906, § 1819; Hemingway's 1917, § 1452; 1930, § 1445; 1942, § 796] § 11-19-39. [Codes, 1892, § 1645; 1906, § 1820; Hemingway's 1917, § 1453; 1930, § 1446; 1942, § 797] § 11-19-41. [Codes, 1857, ch. 55, art. 8; 1871, § 1546; 1880, § 2486; 1892, § 1646; 1906, § 1821; Hemingway's 1917, § 1454; 1930, § 1447; 1942, § 798] § 11-19-43. [Codes, 1857, ch. 55, art. 5; 1871, § 1543; 1880, § 2483; 1892, § 1647; 1906, § 1822; Hemingway's 1917, § 1455; 1930, § 1448; 1942, § 799] § 11-19-45. [Codes, 1857, ch. 55, art. 7; 1871, § 1545; 1880, § 2485; 1892, § 1648; 1906, § 1823; Hemingway's 1917, § 1456; 1930, § 1449; 1942, § 800] § 11-19-47. [Codes, 1857, ch. 55, art. 9; 1871, § 1548; 1880, § 2488; 1892, § 1649; 1906, § 1824; Hemingway's 1917, § 1457; 1930, § 1450; 1942, § 801] § 11-19-49. [Codes, 1857, ch. 55, art. 10; 1871, § 1549; 1880, § 2489; 1892, § 1650; 1906, § 1825; Hemingway's 1917, § 1458; 1930, § 1451; 1942, § 802] § 11-19-51. [Codes, 1857, ch. 55, art. 11; 1871, § 1550; 1880, § 2490; 1892, § 1651; 1906, § 1826; Hemingway's 1917, § 1459; 1930, § 1452; 1942, § 803]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-53 - Right to discover details of claim or title to premises

After issue joined in ejectment, either party may discover the details of the other's claim or title to the premises in question, and the response thereto shall include a short abstract of such documentary evidences of title as the party may intend to give in evidence on the trial, and a clear and succinct statement of the substance of any and all lost or destroyed documents the contents of which he may expect to prove. If title be claimed by inheritance, or if claimed on any fact which rests in parol, the facts shall be stated. In case of claim by inheritance, if either party demand it, the other shall give the ages of the several persons to whom the land descended, and the date of the death of the person from whom they inherited the premises. If any document referred to in the response to such discovery request made by law be recorded, it shall also state where it is recorded, or, if not recorded, then it shall include copies of such as are in the possession of the party, with the names of the subscribing witnesses thereto, if any. The discovery response shall be served within the time and in the manner prescribed by the Mississippi Rules of Civil Procedure and, in default thereof, evidence of such title shall not be given on the trial. In all cases, the evidence of title shall be confined to the matters contained in the discovery response.
Codes, 1857, ch. 55, art. 12; 1871, § 1551; 1880, § 2491; 1892, § 1652; 1906, § 1827; Hemingway's 1917, § 1460; 1930, § 1453; 1942, § 804; Laws, 1991, ch. 573, § 42, eff. 7/1/1991.