reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-9 - Perfection of tax lien; tax lien as authority for issuance of writs and warrants

(1)
When a notice of tax lien is enrolled by the department in the tax lien registry, the tax lien is perfected and shall be attached to all of the existing and after-acquired property of the debtor, both real and personal, tangible and intangible, which is located in any and all counties within the State of Mississippi.
(2)
The perfected tax lien shall be valid as against mortgagees, pledgees, entrusters, purchasers, judgment creditors, and other persons from the time of enrollment in the tax lien registry.
(3)
The amount of the tax lien shall be a debt due the State of Mississippi and shall remain a lien upon all property and rights to property belonging to the debtor, both real and personal, tangible and intangible, which is located in any and all counties within the State of Mississippi, including choses in action, with the same force and like effect as any enrolled judgment of a court of record. Interest and penalty shall accrue on the tax lien at the same rate and with the same restrictions, if any, as specified by statute for the accrual of interest and penalty for the type of tax or taxes for which the tax lien was issued.
(4)
The notice of tax lien shall serve as authority for issuance of writs of execution, writs of attachment, writs of garnishment, or other remedial writs. In addition to those writs, the notice of tax lien shall also serve as authority for the commissioner to issue warrants under Sections
27-7-57
,
27-13-31
and
27-65-59
for the collection of the tax lien. The tax lien enrolled in the tax lien registry shall constitute the judgment enrolled for the payment of the amount of tax, penalties, and interest referred to in Sections
27-7-57
,
27-13-31
and
27-65-59
, but the warrant issued for a tax lien enrolled on a tax lien registry shall direct and authorize the special agent to seize and sell the real and personal property found anywhere within this state that belongs to the taxpayer against whom the tax lien was enrolled and not just property in a specific county. Once issued, the execution of the warrants shall be in accordance with Section
27-3-33(4)
for the levy on salaries, compensation or other monies due the delinquent taxpayer; Sections
27-7-61
through
27-7-67
in regard to income tax and withholding tax; Sections
27-13-35
through
27-13-41
for franchise tax; and Sections
27-65-63
through
27-65-69
for sales tax and any other tax or fee administered by the department that utilizes the administrative provisions of the sales tax law in the administration of the tax or fee. Under warrants issued for the tax liens enrolled in the tax lien registry, any property, real or personal, within the State of Mississippi is subject to levy under Section
27-3-33(4)
if the person that owes the salary, compensation or other monies to the debtor is subject to service of process in this state.
Added by Laws, 2014, ch. 412, HB 487, 5, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-11 - Payments to circuit clerks for service provided to citizens for researching and providing lien information

Beginning with calendar year 2015 and each year thereafter, on January 15 and July 15 of each year, the department shall pay to the Mississippi circuit clerks an amount equal to half of the yearly average amount paid for the three (3) fiscal year periods ending June 30, 2011, 2012 and 2013, to each county for the enrollment, reenrollment, and/or release of the tax liens under this chapter. The payment shall be used for the service provided to citizens that request assistance from circuit clerks for researching and providing lien information, whether such information is on the lien registry or included in historical documents. The clerks shall report the number of citizens assisted to the department on or before June 30 of each year. The commissioner is authorized to pay the clerks out of funds appropriated by the Legislature to defray expenses of the department.
Added by Laws, 2014, ch. 412, HB 487, 6, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-13 - Effect of notice of tax lien; duration of lien; reenrollment of tax lien

(1)
A notice of tax lien shall be a lien upon the debtor's property located anywhere in the state for a period of seven (7) years from the date of enrollment unless:
(a)
It is sooner released by the department; or
(b)
The department reenrolls the notice of tax lien before the expiration of the seven (7) years. There shall be no limit upon the number of times that the department may reenroll notices of tax liens.
(2)
In the event that a notice of tax lien lapses on the expiration of seven (7) years, the notice of tax lien may, at any time thereafter and in the sole discretion of the department, be reenrolled. A notice of tax lien that is reenrolled pursuant to this subsection shall be fully enforceable as of the date of reenrollment; however, any notice of tax lien that is reenrolled after the lapse of the seven-year period shall lose the priority it had prior to its expiration. There shall be no limit upon the number of times that the department may reenroll notices of tax liens in this manner.
(3)
If the department reenrolls a notice of tax lien, the notice of tax lien in regard to that reenrollment shall contain the following information:
(a)
The name and last-known address of the debtor;
(b)
The name and address of the department;
(c)
An indication that the notice of tax lien is for a previously enrolled lien;
(d)
The tax lien number assigned to the lien by the department; and
(e)
The basis for the tax lien, including, but not limited to, the amount owed as of the date of reenrollment in the tax lien registry.
(4)
The reenrollment of a tax lien in the tax lien registry within the seven-year period shall constitute a continuation of the tax lien appearing on the judgment roll of the county as it relates to real and personal property belonging to the debtor in that county; however, the reenrolled tax lien shall attach to all property and all rights to property belonging to the debtor, both real and personal, tangible and intangible, located in any and all counties within the state as of the date of the reenrollment in the tax lien registry. A notice of release of tax lien filed in the tax lien registry shall constitute a release of tax lien within the department, the tax lien registry, and/or the county in which the tax lien was previously enrolled. The information contained on the tax lien registry shall be controlling, and any inconsistencies found between the tax lien registry and the judgment roll of any county shall be superseded by the tax lien registry.
Added by Laws, 2014, ch. 412, HB 487, 7, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-15 - Cancellation of notice of tax lien upon discovery of administrative issue

Within two (2) working days from the date the department discovers an administrative issue in the filing of a notice of tax lien in the tax lien registry, it may cancel a notice of tax lien from the tax lien registry and file a notice of release of the tax lien due to administrative correction. The notice of tax lien shall be treated as though never enrolled.
Added by Laws, 2014, ch. 412, HB 487, 8, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-17 - Release of tax lien; enrollment of new tax lien under certain circumstances

(1)
Within fifteen (15) working days from the receipt by the department of full payment of a tax lien enrolled in the tax lien registry, including payment of any additionally accruing interest, penalty, fees and/or costs, the department shall file in the tax lien registry a notice of release of the tax lien being paid.
(2)
In the event that a notice or release of tax lien is issued in error by the department and enrolled in the tax lien registry; or the form of payment received by the department is not honored and/or the transfer of payment to the department is not completed for any reason after the notice of release of tax lien is enrolled in the tax lien registry; or the department is required to return and/or turn over the payment received to the taxpayer or other person due to bankruptcy, a court order, or other proceedings after the notice of release of the tax lien issued is enrolled in the tax lien registry; the department, in its sole discretion, may enroll a new tax lien for the finally determined tax liabilities represented in the tax lien for which the tax lien was issued, including any additional accruing interest, penalty and/or fees to the date of the new enrollment. A notice of tax lien that is enrolled pursuant to this provision shall be fully enforceable as of the date of the new enrollment.
Added by Laws, 2014, ch. 412, HB 487, 9, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-19 - Tax lien registry; information to be included; certification of records on the tax lien registry; sale of bulk information appearing on tax lien registry; limitation on uses of tax lien registry information

(1)
The department shall maintain notices of tax liens filed in the tax lien registry after January 1, 2015 in its information management system in a form that permits them to be readily accessible in an electronic form through the Internet and to be reduced to printed form. The electronic and printed form shall include the following information:
(a)
The name of the taxpayer as judgment debtor;
(b)
The name and address of the department;
(c)
The tax lien number assigned to the lien by the department;
(d)
Whether the enrollment is the first enrollment of the tax lien or a reenrollment of the tax lien;
(e)
The amount of the taxes, penalties, interest, and fees indicated due on the notice of tax lien received from the department; and
(f)
The date and time of enrollment or reenrollment.
(2)
The department shall not charge for the access to information on the enrollment of tax liens by name of judgment debtor or by tax lien number. The department is, however, authorized to charge for the certification of any record or lack of records appearing on the tax lien registry. The department shall determine the process by which such tax lien registry certification can be requested, including a charge for such certification that shall cover at least the cost of providing the certification. The payment of the charge for a tax lien registry certification shall be retained by the department as reimbursement of its cost to provide the certification.
(3)
The department is authorized to sell at bulk the information appearing on the tax lien registry. In selling the information, the department shall determine the process by which the information will be sold and the media or method by which it will be available to the purchaser and shall set a price for the information that will at least cover the cost of producing the information. The proceeds from the sale of bulk information shall be retained by the department and used to cover its cost to produce the information sold and to maintain the tax lien registry.
(4)
Tax lien registry information, whether accessed by name of judgment debtor or by tax lien number at no charge, through a bulk sale of information or by other means, will not be used for a survey, marketing or solicitation purposes. Survey, marketing or solicitation purpose shall not include any action by the department or its authorized agent to collect a debt represented by a tax lien appearing in the tax lien registry. The department or the Attorney General is hereby authorized to bring an action to enjoin the unlawful use of tax lien registry information for a survey, marketing or solicitation purpose and to recover the cost of such action, including reasonable attorney's fees.
Added by Laws, 2014, ch. 412, HB 487, 10, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-21 - Enrollment on tax lien registry of certain unsatisfied tax liens appearing on county judgment rolls

All tax liens currently enrolled appearing on the judgment rolls of the counties of this state as of January 1, 2015 and which the department does not show as satisfied or as issued in error and which were last enrolled or reenrolled on the judgment rolls within seven (7) years before January 1, 2015 shall be immediately enrolled on the tax lien registry on January 1, 2015, and shall have the force and effect of a judgment on all real and personal property belonging to the debtor anywhere in the state for a duration of seven (7) years effective from the date of the enrollment on the tax lien registry unless and until such time as either the notice of tax lien is released or the department reenrolls the tax lien in the tax lien registry.
Added by Laws, 2014, ch. 412, HB 487, 11, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-23 - Rules and regulations

The department shall have the authority to promulgate rules and regulations, not inconsistent with this chapter, as it may deem necessary to enforce its provisions.
Added by Laws, 2014, ch. 412, HB 487, 12, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 13 - AUTOMATED DATA MATCH SYSTEM FOR IDENTIFYING AND SEIZING FINANCIAL ASSETS OF OBLIGORS IDENTIFIED BY DEPARTMENT OF REVENUE (§§ 85-13-1 — 85-13-5) › Section 85-13-1 - Definitions

As used in this chapter:
(a)
"Commissioner" means the Commissioner of Revenue of the Mississippi Department of Revenue.
(b)
"Department" means the Mississippi Department of Revenue.
(c)
"Finally determined tax liabilities" means any state tax, fee, penalty, and/or interest owed by a person to the department where the assessment of the liability is not subject to any further timely filed administrative or judicial review.
(d)
"Person" means a natural person, partnership, limited partnership, corporation, limited liability company, estate, trust, association, joint venture, other legal entity or other group or combination acting as a unit, and includes the plural as well as the singular in number.
(e)
"Financial institution" means a bank, trust company, mutual savings bank, savings and loan association or credit union authorized to do business and accept deposits in this state under state or federal law.
(f)
"Account" means any money held in the name of an account owner, individually or jointly with another, including, but not limited to, a deposit account, demand account, savings account, negotiable order of withdrawal account, share account, member account, time certificate of deposit, or money market account. "Account" shall not include money held by a financial institution where the obligor is listed in a capacity other than the owner, including, but not limited to, an authorized signer only, custodian, payable on death beneficiary or agent.
(g)
"Obligor" means any person against whom a tax judgment for a finally determined tax liability has been enrolled in the Uniform State Tax Lien Registry for which collection of the tax debt is enforceable as provided by law.
(h)
"Levy" means a Distress Warrant for the Levy Of Monies Owed To Taxpayer(s) which is an instrument of the commissioner that binds monies held by the garnishee and owed to the obligor.
(i)
"Identifying information" means an obligor's social security number or federal tax identification number.
Added by Laws, 2017, ch. 407, SB 2445, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-1 - Utterly void

Contracts, judgments, securities, conveyances made, given, granted, or executed, where the whole or any part of the consideration or foundation thereof shall be for money, or any valuable thing won, lost, or bet at any game or games, or on any horse-race, cock-fight, or at any other sport, amusement, or pastime, or on any wager whatever, or for the reimbursing or repaying any money knowingly lent or advanced for the purpose of such gaming or gambling, or to be wagered on any game, play, horse-race, cock-fight, or on any sport, amusement, pastime, or wager, shall be utterly void.
Codes, Hutchinson's 1848, ch. 64, art. 3 (1); 1857, ch. 45, art. 1; 1871, § 1900; 1880, § 990; 1892, § 2114; 1906, § 2300; Hemingway's 1917, § 1910; 1930, § 1824; 1942, § 22.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-3 - Transfer of property to secure or pay, inures to wife and children of loser

Any sale, mortgage, transfer, or conveyance of any estate, real or personal, to any person or to another for his use or benefit, or in any manner to satisfy or secure money or other thing won, or any part thereof, or to secure or satisfy any money or other thing lent or advanced on any consideration, foundation, or purpose mentioned in Section
87-1-1
, or any part thereof, shall inure to and vest in the wife and children of said mortgagor, seller, vendor, bargainor, or lessor, the whole estate, title, and interest of such person sold, mortgaged, bargained, transferred, or conveyed, as though such person had died intestate. And the parties to any action founded on any contract or transaction within this chapter, shall be compelled to answer any bill of discovery touching the same.
Codes, Hutchinson's 1848, ch. 64, art. 3 (2); 1857, ch. 45, art. 2; 1871, § 1901; 1880, § 991; 1892, § 2115; 1906, § 2301; Hemingway's 1917, § 1911; 1930, § 1825; 1942, § 23.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-7 - Limitation on application of Sections 87-1-1 through 87-1-5

Sections
87-1-1
,
87-1-3
and
87-1-5
shall not apply to contracts for future delivery which are valid under succeeding sections of this chapter and shall not apply to activity which is lawfully conducted pursuant to the regulatory authority of the Mississippi Gaming Control Act (Section
75-76-1
et seq.)
Codes, Hutchinson's 1848, ch. 64, art. 3 (3); 1857, ch. 45, art. 3; 1871, § 1902; 1880, § 992; 1892, § 2116; 1906, § 2302; Hemingway's 1917, § 1912; 1930, § 1826; 1942, § 24; Laws, 1990 Ex Sess, ch. 45, § 84, eff. 6/29/1990.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-9 - Future contracts; definitions

For the purposes of the following sections of this chapter the term "contract" shall be held to include sales, purchases, agreements of sale, agreements to sell and agreements to purchase, that the word "person" wherever used in the following sections shall be construed to import the plural or singular, as the case demands, and shall include individuals, associations, partnerships and corporations.
Codes, 1930, § 1827; 1942, § 25; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-11 - Certain exchanges authorized

There may be organized in any city in the State of Mississippi voluntary associations to be known as cotton exchanges, grain exchanges, boards of trade or similar institutions to receive and post quotations on cotton, grain, stocks, bonds and other commodities for the benefit of its members and other persons engaged in the production of cotton, grain and other commodities. Such associations shall adopt a uniform set of rules and regulations not incompatible with the laws, as are usual for such associations. They shall open their books to the inspection of proper courts and officers of the law when required.
Codes, 1930, § 1834; 1942, § 32; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-13 - Who may provide market quotations by wire

Only members of cotton exchanges, grain exchanges, boards of trade or similar institutions organized under the laws of Mississippi or any other state may provide for their use and the use of their clients, private or public wires from cities in Mississippi where such cotton exchanges, grain exchanges, boards of trade or similar institutions are located to other cities without the State of Mississippi where cotton exchanges, grain exchanges, boards of trade or similar institutions are operated, and may receive over such private or public wires and post for their own use and that of their clients and of any person engaged in the production of cotton, grain or other commodities, market quotations and market news, covering cotton, grain, stocks and other commodities, and transmit for execution contracts of sale for future delivery. In all cases it is contemplated that the delivery of the commodity purchased or sold, as the case may be, will be carried out by the principals or their successors or assignees; and that the contract for delivery thereof will be performed or discharged according to the rules of the exchange, board of trade or similar institutions where the contract is executed.
Codes, 1930, § 1835; 1942, § 33; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-15 - When contracts of sale for future delivery of cotton, grain, stock, or other commodities enforceable

(1)
All contracts of sale for future delivery of cotton, grain, stock, or other commodities (a) made in accordance with the rules of any board of trade, exchange or similar institution where such contracts of sale are executed; and (b) actually executed on the floor of such board of trade, exchange or similar institutions and performed or discharged according to the rules thereof; and (c) when such contracts of sale are made with or through a regular member in good standing of a cotton exchange, grain exchange or similar institution organized under the laws of the State of Mississippi or any other state shall be, and they are hereby declared to be, valid and enforceable in the courts of this state according to their terms.
(2)
Notwithstanding the provisions of subsection (1) of this section, contracts of sale for the future delivery of cotton in order to be valid and enforceable must not only conform to the requirements of clauses (a), (b) and (c) of subsection (1) of this section, but must also be made subject to the provisions of the United States Internal Revenue Code of 1954, subchapter D. In the event, however, that this subsection be held inoperative for any reason, then contracts for the future delivery of cotton shall be valid and enforceable if they conform to the requirements of clauses (a), (b) and (c) of subsection (1) of this section.
(3)
If contracts of sale for future delivery of cotton, grain, stock, or other commodity shall conform to all of the requirements set forth above in this section, then the same shall be valid and enforceable in all the courts of this state, notwithstanding that at the time of execution of such contracts that either or both of the parties thereto did not contemplate or intend that the same should be consummated by the actual delivery and receipt of the commodity specified. The plain intent of this section, while declaring unlawful all transactions conducted in and through a "bucket shop" as hereinafter defined, is to make lawful and enforceable and to withdraw from the provisions of the gaming and wagering laws, all transactions executed upon and in accordance with the rules of a legitimate cotton, grain, stock or other commodity exchange or board of trade whether the intent of delivery of the actual commodity was present or not and this section shall be liberally construed at all times so as to effectuate this purpose.
Codes, 1930, § 1828; 1942, § 26; Laws, 1928, ch. 304; Laws, 1956, ch. 229.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-17 - Brokers may recover certain advances

Any broker, agent or any other person making advances to or for account of any party to any contract falling within and satisfying the provisions of Section
87-1-15
shall be entitled to recover the amount of such advances from the party to, or for account of whom, the advances were made.
Codes, 1930, § 1829; 1942, § 27; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-19 - When contracts of sale for future delivery of cotton, grain, stocks, or other commodities unenforceable

Any contract of sale for the future delivery of cotton, grain, stocks, or other commodities, which is to be settled according to or upon the basis of the public market quotations or prices made on any board of trade, exchange or similar institutions, upon which contracts of sale for future delivery are executed and dealt in without any actual bona fide execution and the carrying out or discharge of such contracts upon the floor of such exchange, board of trade or similar institution, in accordance with the rules thereof, shall be null and void and unenforceable in any court of this state, and no action shall lie thereon at the suit of any party thereto.
Codes, 1930, § 1830; 1942, § 28; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-21 - "Bucket shop" defined

A "bucket shop" is hereby defined to be and mean any place of business wherein are made contracts of the sort or character denounced by Section
87-1-19
, and the maintenance or operation of a bucket shop at any point in this state is hereby prohibited.
Codes, 1930, § 1831; 1942, § 29; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-23 - Penalties

Any person either as agent or principal, who knowingly enters into or assists in making any contracts of sale of the sort or character denounced by Section
87-1-19
for the future delivery of cotton, grain, stocks or other commodities, or who maintains or operates a bucket shop as that term is defined in Section
87-1-21
, shall be guilty of a felony, and upon conviction thereof shall be fined in a sum not to exceed One Thousand Dollars ($1,000.00), or be imprisoned in the penitentiary not exceeding two (2) years, and any person who shall be guilty of a second offense under this chapter, in addition to the penalties above described, may upon conviction, be both fined and imprisoned in the discretion of the court, and if a corporation, it shall be liable to forfeiture of all its rights and privileges as such, and the continuance of such establishment after the first conviction shall be deemed a second offense. It shall be the duty of the attorney general to institute proceedings for the forfeiture of the charter of any corporation making itself liable to such forfeiture under the provisions of this chapter.
Codes, 1930, § 1833; 1942, § 31; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-25 - Unlawful to rent or lease premises to be used for conducting business prohibited by this chapter

Any person, whether as agent or owner, who shall rent or lease any office or place of business to any person, association of persons or corporation, to be used in, or for the purpose of negotiating or effectuating the class of contracts prohibited by this chapter, knowing such person, association of persons or corporation to be engaged in such business, shall be guilty of a misdemeanor, and on conviction shall be punished as provided by law.
Codes, Hemingway's 1917, § 1923; 1930, § 1836; 1942, § 34; Laws, 1908, ch. 118.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-27 - Gambling and future contracts; witnesses denied privilege against self incrimination

No person shall be excused in any prosecution under Sections
87-1-1
through
87-1-25
, concerning gambling and future contracts, from testifying touching anything done by himself or others, contrary to the provisions of said sections; but any discovery made by a witness upon such examination shall not be used against him in any penal or criminal prosecution, and he shall be altogether pardoned of the offense so done or participated in by him.
Codes, Hemingway's 1917, § 1917; 1930, § 1837; 1942, § 35; Laws, 1908, ch. 118.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-29 - Principal entitled to certain written information

Every person shall furnish upon demand to any principal for whom such person has executed any contract of sale for the future delivery of any cotton, grain, stocks or other commodities a written instrument setting forth the name and location of the exchange, board of trade or similar institution upon which such contract has been executed, the date of execution of the contract and the name and address of the persons with whom such contract was executed and if such person shall refuse or neglect to furnish such statement upon reasonable demand, such refusal or neglect shall be prima facie evidence that such contract was an illegal contract within the provisions of Section
87-1-19
, and that the person who executed it was engaged in the maintenance and operation of a "bucket shop" within the provisions of Section
87-1-21
.
Codes, 1930, §§ 1830, 1832; 1942, § 30; Laws, 1928, ch. 304.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-31 - Prohibition against buying or selling futures

If any person shall buy or sell commodities of any kind, to be delivered at a future day, without agreeing and intending that the commodities are to be actually delivered in kind, and the price paid, he shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section
87-1-33
.
Codes, 1892, § 1121; 1906, § 1202; Hemingway's 1917, § 932; 1930, § 959; 1942, § 2189.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 1 - GAMBLING AND FUTURE CONTRACTS (§§ 87-1-1 — 87-1-33) › Section 87-1-33 - Penalty for dealing in futures

If any person shall deal in contracts called "futures," or shall, by himself or his agent, directly or indirectly buy or sell any "future" contract, he shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), and be imprisoned in the county jail not more than three (3) months.
Codes, 1892, § 1120; 1906, § 1201; Hemingway's 1917, § 931; 1930, § 958; 1942, § 2188; Laws, 1882, p. 140.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-1 - Letters may be acknowledged and recorded

All letters of attorney intended to be used in this state may be acknowledged or proved as conveyances of land are required to be, and, when so acknowledged or proved, may be recorded in like manner; and copies thereof, duly certified, shall be admitted in evidence, without accounting for the nonproduction of the original.
Codes, 1857, ch. 37, art. 1; 1871, § 1895; 1880, § 1179; 1892, § 193; 1906, § 199; Hemingway's 1917, § 2893; 1930, § 2948; 1942, § 244.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-3 - Conveyances by attorney in fact

Conveyances of land, or contracts relating thereto, executed by an attorney in fact for his principal, and duly acknowledged or proved, shall have the same force and effect as if executed and acknowledged by the principal; and where a conveyance by an attorney is in execution of letters of attorney, so acknowledged or proved and recorded, it shall pass the interest of the principal though not formally executed in his name.
Codes, 1857, ch. 37, art. 2; 1871, § 1896; 1880, § 1180; 1892, § 194; 1906, § 200; Hemingway's 1917, § 2894; 1930, § 2949; 1942, § 245.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-5 - When process may be executed on attorney

When a person interested in the administration of an estate in any court in this state, shall appoint an attorney in fact, resident in the county where the court is held, to represent him therein, and shall cause the letter of appointment to be filed in the office of the clerk of the court in which the estate is administered, where it shall have the same effect as a demand for notice of an order or filing concerning the decedent's estate, all process issued from the court touching the estate may be executed on such attorney, and, when so executed, shall have the same force and effect as if executed on the principal in person.
Codes, 1857, ch. 37, art. 4; 1871, § 1898; 1880, § 1181; 1892, § 195; 1906, § 201; Hemingway's 1917, § 2895; 1930, § 2950; 1942, § 246; Laws, 1994, ch. 336, § 6, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-7 - Special form not required; gifts given under a power of attorney

(1)
A letter of attorney to transact any business need only express plainly the authority conferred.
(2)
If any power of attorney or other writing (a) authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do, or (b) evidences the principal's intent to give the attorney-in-fact or agent full power to handle the principal's affairs or deal with the principal's property, the attorney-in-fact or agent shall have the power and authority to make gifts in any amount of any of the principal's property to any individuals or to any organizations described in Sections 170(c) and 2522(a) of the Internal Revenue Code or corresponding future provisions of federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts, including the authority to exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act created under Chapter 23, Title 91.
(3)
Subsection (2) as set forth above is declaratory of past and present law in the State of Mississippi, and shall be applied to all powers of attorney, whether executed before, on or after March 16, 1999.
Codes, 1880, § 1186; 1892, § 201; 1906, § 207; Hemingway's 1917, § 2901; 1930, § 2956; 1942, § 252; Laws, 1999, ch. 405, § 1, eff. 3/16/1999.
Amended by Laws, 2017, ch. 419, HB 849, 19, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-9 - Form of letter of attorney to convey land

"Know all, that I, George Poindexter, of ____________________ county, Mississippi, do hereby appoint Albert Brown, of ____________________ county, my attorney in fact, with full power to sell and convey in fee simple, with general warranty [or without warranty, as the case may be] of title, that land situated in [describe it].
"Witness my signature, the ____________________ of ____________________, A. D. ____________________.
"George Poindexter."
Codes, 1880, § 1184; 1892, § 199; 1906, § 205; Hemingway's 1917, § 2899; 1930, § 2954; 1942, § 250.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-11 - Form to represent party in administration of estate

"Know all, that I, C. C. Claiborne, of ____________________ county, Mississippi, do hereby constitute Gerard C. Brandon, of ____________________ county, in said state, my attorney in fact to represent me in the chancery court of said county of ____________________, in all matters pertaining to the administration in said court of the estate of Phoebe Jones, in which I am interested as an heir and distributee; and I consent that all process issued from said court touching said estate may be executed on my said attorney.
"Witness my signature, the ____________________ day of ____________________, A.D. ____________________.
C. C. Claiborne."
Codes, 1880, § 1185; 1892, § 200; 1906, § 206; Hemingway's 1917, § 2900; 1930, § 2955; 1942, § 251.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-13 - [Repealed]

Repealed by Laws, 1994, ch. 336, § 8, eff.7/1/1994.
Codes, 1892, § 198; 1906, § 204; Hemingway's 1917, § 2898; 1930, § 2953; 1942, § 249; Laws, 1982, ch. 335, §§ 1, 2
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-15 - Death not an absolute revocation

The death of the principal shall not operate a revocation of an agency created by him, other than by writing, as to one who, without notice of such death, in good faith and under circumstances repelling the imputation to him of fraud or negligence, deals with such agent.
Codes, 1880, § 1183; 1892, § 197; 1906, § 203; Hemingway's 1917, § 2897; 1930, § 2952; 1942, § 248; Laws, 1994, ch. 336, § 7, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › IN GENERAL (§§ 87-3-1 — 87-3-17) › Section 87-3-17 - Revocation of letters of attorney recordable

Any writing revoking letters of attorney may, when acknowledged or proved as conveyances of land are required to be acknowledged or proved, be recorded in like manner, and with like effect from the time of being filed for record, in the office in which the letters revoked were recorded.
Codes, 1880, § 1182; 1892, § 196; 1906, § 202; Hemingway's 1917, § 2896; 1930, § 2951; 1942, § 247.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 87-3-101 — 87-3-113) › Section 87-3-101 - Short title

Sections
87-3-101
through
87-3-113
may be cited as the "Uniform Durable Power of Attorney Act."
Laws, 1994, ch. 336, § 10, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 87-3-101 — 87-3-113) › Section 87-3-103 - Application and construction of sections 87-3-101 through 87-3-113

Sections
87-3-101
through
87-3-113
shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting the Uniform Durable Power of Attorney Act.
Laws, 1994, ch. 336, § 9, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 87-3-101 — 87-3-113) › Section 87-3-105 - Definition

A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
Laws, 1994, ch. 336, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 87-3-101 — 87-3-113) › Section 87-3-107 - Durable power of attorney not affected by lapse of time, disability or incapacity

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.
Laws, 1994, ch. 336, § 2, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 87-3-101 — 87-3-113) › Section 87-3-109 - Relation of attorney in fact to court-appointed fiduciary

(1)
If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he were not disabled or incapacitated.
(2)
A principal may nominate, by a durable power of attorney, the conservator, guardian of his estate, or guardian of his person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
(3)
Any person acting in a fiduciary capacity shall exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act created under Chapter 23, Title 91.
Laws, 1994, ch. 336, § 3, eff. 7/1/1994.
Amended by Laws, 2017, ch. 419, HB 849, 22, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 87-3-101 — 87-3-113) › Section 87-3-111 - Power of attorney not revoked until notice

(1)
The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.
(2)
The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his successors in interest.
Laws, 1994, ch. 336, § 4, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 3 - POWER AND LETTERS OF ATTORNEY (§§ 87-3-1 — 87-3-113) › UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 87-3-101 — 87-3-113) › Section 87-3-113 - Proof of continuance of durable and other powers of attorney by affidavit

As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability, or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
Laws, 1994, ch. 336, § 5, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 5 - PRINCIPAL AND SURETY (§§ 87-5-1 — 87-5-13) › Section 87-5-1 - Surety discharged if creditor fails to sue the principal debtor when notified

Any person bound as surety or accommodation indorser for another, may, at any time after the debt has become due or liability been incurred, give notice in writing to the creditor to commence and prosecute legal proceedings against the principal debtor, if living and resident within this state, for the recovery of the debt; and if the creditor fails to commence legal proceedings by the next term of the court in which the same shall be instituted, to be held after the expiration of thirty (30) days from the giving of the notice, and to prosecute the same to effect, the surety who shall have given the notice shall be discharged from liability. It shall not be lawful to plead or to give in evidence under this section a notice not in writing, and any act of the creditor shall not be a waiver of notice in writing as herein required.
Codes, 1857, ch. 46, art. 1; 1871, § 2257; 1880, § 997; 1892, § 3276; 1906, § 3731; Hemingway's 1917, § 2907; 1930, § 2957; 1942, § 253.