reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-25 - Agreements to locate property presumed abandoned; prohibitions; approval

(1)
It is unlawful for a person to seek to receive from another person or contract with a person for a fee or compensation for locating property which he knows has been reported, paid or delivered to the Treasurer pursuant to the provisions of this chapter prior to seven (7) months after the date of payment or delivery of the property by the holder to the Treasurer as required by Section
89-12-29
.
(2)
The Treasurer shall approve all contracts entered into between two (2) or more persons whereby one (1) party to the contract agrees to furnish the other party with information concerning property reported to the Treasurer under this chapter. The agreed upon fee in such contracts shall not exceed ten percent (10%) of the value of the recoverable property or Fifty Dollars ($50.00), whichever is greater. Nothing in this section shall be construed to prevent an owner from asserting at any time that an agreement to locate property is based upon an excessive or unjust consideration.
Laws, 1982, ch. 497, § 13; Laws, 1991, ch. 451, § 11, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-27 - Published notice of names of persons appearing to own property presumed abandoned; mailed notice

(1)
Within one hundred twenty (120) days from the filing of the report required by Section
89-12-23
, the Treasurer shall cause notice to be published in a newspaper having general circulation in the county of this state in which is located the last-known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice shall be published in the county in which the holder of the abandoned property has his or her principal place of business in this state.
(2)
The published notice shall be entitled "Notice of names of persons appearing to be owners of abandoned property," and shall contain:
(a)
The names in alphabetical order and last-known addresses, if any, of persons listed in the report and entitled to notice in the county as specified in subsection (1) of this section;
(b)
A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the Treasurer; and
(c)
A statement that any person claiming an interest in the property must file a proof of claim with the Treasurer as set forth in Section
89-12-39
.
(3)
The Treasurer shall not be required to publish in the notice any item of less than One Hundred Dollars ($100.00) unless he deems publication to be in the public interest.
(4)
Within one hundred twenty (120) days from the receipt of the report required by Section
89-12-23
, the Treasurer shall mail a notice to each person having an address listed therein who appears to be entitled to property valued at One Hundred Dollars ($100.00) or more and presumed abandoned under the provisions of this chapter.
(5)
The mailed notice shall contain:
(a)
A statement that property is being held to which the addressee appears entitled;
(b)
A statement that any person claiming an interest in the property must file a proof of claim with the Treasurer as set forth in Section
89-12-39
.
(6)
This section shall not be applicable to sums payable on traveler's checks or money orders presumed abandoned under the provisions of Section
89-12-5
.
Laws, 1982, ch. 497, § 14; Laws, 1983, ch. 478; Laws, 1993, ch. 460, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-29 - Payment or delivery of abandoned property to treasurer

(1)
Except as otherwise provided in subsection (2) of this section, a person who is required to file a report under Section
89-12-23
shall pay or deliver to the Treasurer all abandoned property together with the report.
(2)
If the owner established the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered, or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the Treasurer, and the property is no longer presumed abandoned.
(3)
The holder of an interest under Section
89-12-11
shall deliver a duplicate certificate or other evidence of ownership, if the holder does not issue certificates of ownership, to the Treasurer. Upon delivery of a duplicate certificate to the Treasurer, the holder and any transfer agent, registrar or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate, is relieved of all liability of every kind in accordance with the provisions of Section
89-12-31
to every person, including any person acquiring the original certificate of the duplicate of the certificate issued to the Treasurer, for any losses or damages resulting to any person by the issuance and delivery to the Treasurer of the duplicate certificate.
Laws, 1982, ch. 497, § 15; Laws, 1993, ch. 460, § 2, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-30 - Sale of securities listed on stock exchange

(1)
Securities listed on an established stock exchange must be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the Treasurer considers advisable.
(2)
Unless the Treasurer considers it to be in the best interests of the state to do otherwise, all securities presumed abandoned under Section
89-12-11
and delivered to the Treasurer must be held for at least three (3) years before they may be sold. If the Treasurer sells any securities delivered pursuant to Section
89-12-11
before the expiration of the three-year period, any person making a claim pursuant to this chapter before the end of that time period is entitled to either the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever amount is greater. A person making a claim under this chapter after the expiration of the time period is entitled to receive either the securities delivered to the Treasurer by the holder, if they still remain in the hands of the Treasurer, or the proceeds received from sale, but no person has any claim under this chapter against the state, the holder, any transfer agent, registrar or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the Treasurer.
(3)
The purchaser of property at any sale conducted by the Treasurer pursuant to this chapter takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The Treasurer shall execute all documents necessary to complete the transfer of ownership.
Laws, 1991, ch. 451, § 14, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-31 - Holder relieved from liability upon payment or delivery of abandoned property to treasurer

(1)
Upon the payment or delivery of property to the Treasurer, the state assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the Treasurer in good faith is relieved of all liability for any claim then existing or which may arise or be made in respect to the property.
(2)
If the holder pays or delivers property to the Treasurer in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the Treasurer, upon written notice of claim, shall defend the holder against any liability on the claim.
(3)
The holder of an interest under Section
89-12-11
shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificate of ownership to the administrator.
(4)
Any holder who has paid moneys to the Treasurer pursuant to the provisions of this chapter may make payment to any person appearing to such holder to be entitled thereto and, upon proof of such payment and proof that the payee was entitled thereto, the Treasurer shall forthwith reimburse the holder for the payment.
Laws, 1982, ch. 497, § 16; Laws, 1991, ch. 451, § 12, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-33 - Owner entitled to further income or increments

When property other than money is paid or delivered to the Treasurer under this chapter, the owner is entitled to receive from the Treasurer any dividends, interest or other increments realized or accruing on the property at or before liquidation or conversion into money.
Laws, 1982, ch. 497, § 17; Laws, 1991, ch. 451, § 13, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-35 - Effect of expiration of period of limitation

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall not prevent the money or property from being presumed abandoned property, nor affect any duty to file a report required by the provisions of this chapter, or to pay or deliver abandoned property to the treasurer.
Laws, 1982, ch. 497, § 18, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-37 - Abandoned property fund; abandoned property claims payment fund

(1)
All funds received under the provisions of this chapter shall forthwith be deposited by the Treasurer in a special fund hereby established in the State Treasury to be designated the "Abandoned Property Fund," except that the Treasurer shall deposit in a separate special fund hereby established in the State Treasury to be designated the "Abandoned Property Claims Payment Fund" an amount not exceeding One Hundred Fifty Thousand Dollars ($150,000.00) from which he shall make prompt payment of claims duly allowed by him as hereinafter provided. Before making the deposits in either special fund, he shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation and the amount due. The record shall be available for public inspection at all reasonable business hours.
(2)
There is created within the Abandoned Property Fund in the State Treasury a trust to be known as the Historic Properties Financing Fund, which shall be used as provided in this section. On July 1, 1999, Ten Million Dollars ($10,000,000.00) in the Abandoned Property Fund shall be set aside and placed in the Historic Properties Financing Fund created herein. The principal of the Historic Properties Financing Fund shall remain inviolate within the Abandoned Property Fund, and shall be invested in the same manner as the remainder of the Abandoned Property Fund. The interest and income earned from the investment of the principal of the Historic Properties Financing Fund shall be transferred quarterly to the Mississippi Landmark Grant Program account within the Historic Properties Trust Fund created under Section
39-5-23
. The transferred money shall be utilized by the Department of Archives and History for the purposes as specified in Section
39-5-23(3)
.
(3)
Notwithstanding subsections (1) and (2) of this section, the funds reflected by the cancellation of State of Mississippi warrants that constitute part of the Abandoned Property Fund shall be transferred by the State Treasurer back to the original fund source if unclaimed by the owner within the time specified in Section
7-7-42
.
Laws, 1982, ch. 497, § 19; Laws, 1999, ch. 486, § 2; Laws, 2000, ch. 501, § 3, eff. 4/27/2000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-39 - Claim for abandoned property paid or delivered to treasurer; determination; interest

(1)
Any person claiming an interest in any property delivered to the state under the provisions of this chapter may file a claim on the form prescribed by the Treasurer.
(2)
The Treasurer shall consider any claim filed under the provisions of subsection (1) of this section, and may hold a hearing and receive evidence concerning it. If a hearing is held, the Treasurer shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by the Treasurer and the reasons for the Treasurer's decision. The decision shall be a public record.
(3)
If the validity of a claim shall be determined in favor of the claimant, the Treasurer shall collaborate with the Department of Human Services to determine if the claimant owes a child support arrearage. If the claimant owes an arrearage, the Treasurer shall transfer to the Department of Human Services any portion of the claim, including any interest as described in subsection (4) of this section, necessary to satisfy, fully or partially, the person's child support arrearage.
(4)
If the validity of a claim shall be determined in favor of the claimant and the claimant does not owe a child support arrearage or there is a remaining amount of the claim after satisfaction of the arrearage under subsection (3) of this section, the Treasurer shall pay over to the claimant only that amount which the Treasurer actually received, without deduction for costs of notices or for service charges, together with interest at the rate of one-twelfth of one percent (
1
/
12
of 1%) per month from the time when it was received by the Treasurer to the time when it was paid by him or her to the claimant. However, if the property claimed was interest bearing to the owner on the date of surrender by the holder, then the Treasurer shall instead add interest at a rate not to exceed five-twelfths of one percent (
5
/
12
of 1%) per month or the lesser current market rate. The interest on interest-bearing property shall begin to accumulate on the date that the property is delivered to the Treasurer and shall cease on the earlier of the expiration of fifteen (15) years following delivery or the date on which payment is made to the owner. No interest on the interest-bearing property shall be payable for any period prior to July 1, 1982. Any holder who pays to the owner property which has been delivered to the state and which, if claimed from the Treasurer, would be subject to the provisions of this section as interest-bearing property, shall add interest as provided in this section. The added interest shall be repaid to the holder by the Treasurer in the same manner as the principal.
Laws, 1982, ch. 497, § 20; Laws, 1993, ch. 460, § 3, eff. 7/1/1993.
Amended by Laws, 2022, ch. 486, SB 2319,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-41 - Judicial review of action of treasurer upon claim

Any person aggrieved by a decision of the treasurer or as to whose claim the treasurer has failed to act within ninety (90) days after the filing of the claim, may commence an action in the Circuit Court of the First Judicial District of Hinds County, Mississippi, to establish his claim. The proceeding shall be brought within thirty (30) days after the decision of the treasurer or within sixty (60) days from the filing of the claim if the treasurer fails to act.
Laws, 1982, ch. 497, § 21, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-43 - Treasurer may decline to receive property presumed abandoned

The treasurer, after receiving reports of property deemed abandoned pursuant to the provisions of this chapter, may decline to receive any property reported which he deems to have a value less than the cost of giving notice, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within thirty (30) days after filing the report required under Section
89-12-23
, the treasurer shall be deemed to have elected to receive the custody of the property.
Laws, 1982, ch. 497, § 22, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-45 - Examination of records by treasurer or designated regulatory authority

(1)
The Treasurer may at reasonable times and upon reasonable notice examine the records of any person to determine if such person has complied with the provisions of this chapter. The Treasurer may designate the Commissioner of Banking and Consumer Finance or other appropriate regulatory authority to examine the records of institutions of regulated industries to determine if such institutions have complied with the provisions of this chapter.
(2)
If, in connection with such examination, property which should have been reported pursuant to the provisions of this chapter is discovered, the holder shall pay a per diem rate equal to actual costs per examination as the cost of conducting the examination.
(3)
If any person refuses to permit the examination provided in this section or to deliver property to the Treasurer as required under the provisions of this chapter, the Treasurer shall bring an action in a court of appropriate jurisdiction to compel such examination or to enforce such delivery.
Laws, 1982, ch. 497, § 23; Laws, 1994, ch. 622, § 161, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-47 - Penalties for failure to make reports or to pay or deliver abandoned property

(1)
Any person who willfully fails to render any report or perform other duties required under the provisions of this chapter shall, upon conviction thereof, be punished by a fine of Five Dollars ($5.00) for each day the report is withheld, but not more than One Hundred Dollars ($100.00).
(2)
Any person who willfully refuses to pay or deliver abandoned property to the Treasurer as required under the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), or imprisonment for not more than six (6) months, or both, in the discretion of the court.
(3)
In addition to any damages, penalties, or fines for which a person may be liable under any other provision of law, any person who fails to report, pay or deliver abandoned property within the time prescribed by the provisions of this chapter shall pay to the Treasurer interest at the rate of one percent (1%) per month on the property or the value thereof from the date the property should have been paid or delivered, but in no event prior to July 1, 1982; except that if the failure to report, pay or deliver is the result of mistake or other good cause shown, the Treasurer may reduce the rate of interest or waive the interest payable thereon.
Laws, 1982, ch. 497, § 24; Laws, 1993, ch. 460, § 4, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-49 - Rules and regulations

The treasurer is hereby authorized to adopt necessary rules and regulations to carry out the provisions of this chapter.
Laws, 1982, ch. 497, § 25, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-51 - [Repealed]

Repealed by Laws, 1992, ch. 408, § 2, eff. 7/1/1992.
Laws, 1982, ch. 497, § 27; Laws 1985, ch. 403, § 2
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-53 - Chapter inapplicable to property of minor or incompetent

The provisions of this chapter shall not apply to any person who is the owner of any type of property described herein where such person is either a minor or mentally incompetent, nor to any person who is the owner of any type of property described herein which is subject to the provisions of Section
43-13-120
.
Laws, 1982, ch. 497, § 27; Laws, 1985, ch. 403, § 2, eff. 3/25/1985.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-55 - Uniformity of interpretation

This chapter shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Laws, 1982, ch. 497, § 28, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-57 - Provisions of chapter supplemental to Section 21-39-21

This chapter shall not be construed as repealing the provisions of Section
21-39-21
, but shall be additional and supplemental to those provisions.
Laws, 1982, ch. 497, § 29, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-59 - Certain unclaimed United States savings bonds escheat to state; procedures

(1)
Notwithstanding the provisions of any other section of law, United States savings bonds which are unclaimed property and subject to the provisions of this chapter shall escheat to the State of Mississippi three (3) years after becoming unclaimed property by virtue of the provisions of this chapter, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, shall vest solely in the State of Mississippi according to the procedure set forth in subsections (2) through (5) of this section.
(2)
Within one hundred eighty (180) days after the three (3) years prescribed in subsection (1) of this section, if no claim has been filed in accordance with the provisions of this chapter for such United States savings bonds, the State Treasurer shall commence a civil action in the Circuit Court of the First Judicial District of Hinds County for a determination that such United States savings bonds shall escheat to the State of Mississippi. The State Treasurer may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the State Treasurer custody to justify the expense of such proceedings.
(3)
If no person shall file a claim or appear at the hearing to substantiate a claim or where the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the State Treasurer has substantially complied with the laws of the State of Mississippi, shall enter a judgment that the subject United States savings bonds have escheated to the State of Mississippi, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, shall vest solely in the State of Mississippi.
(4)
The State Treasurer shall redeem such United States savings bonds escheated to the State of Mississippi and the proceeds from such redemption of United States savings bonds shall be deposited in the State General Fund. The State Treasurer shall not deposit the proceeds from the redemption of the United States savings bonds in the Abandoned Property Fund or the Abandoned Property Claims Payment Fund in accordance with the provisions of Section
89-12-37
.
(5)
Any person making a claim for the United States savings bonds escheated to the State of Mississippi under this subsection, or for the proceeds from such bonds, may file a claim in accordance with the provisions of this chapter. Upon providing sufficient proof of the validity of such person's claim, the State Treasurer may pay such claim in accordance with the provisions of this chapter.
Added by Laws, 2014, ch. 431, § 8, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-1 - Adjoining owners to contribute

Persons owning adjoining land or lots, or being lessees thereof for more than two (2) years, shall be bound to contribute equally to the erection of fences on the line dividing the land or lots, if the land or lots on their respective sides be used by the owner or lessee thereof for purposes of cultivation, or for horticultural purposes, or for the purpose of pasturing cattle, horses, hogs or sheep, or if a lot be used as an inclosure for any other purpose; and each party shall be bound to contribute equally toward keeping the party fences in good repair so long as the land or lot be so used. An owner shall not be bound to contribute to the erection of a party fence, either built or to be built, or to keeping the same in repair, who may prefer to build a fence and to leave a lane on his land between himself and the adjoining owner. But the failure to erect such fence for the space of sixty (60) days shall be deemed an abandonment of the intention to do so, and a determination to adopt the fence built, and the person so failing shall then be bound to pay his proportion of the value of the party fence.
Codes, Hutchinson's 1848, ch. 12, art. 6 (4); 1857, ch. 16, art. 2; 1871, § 1908; 1880, § 971; 1892, § 3126; 1906, § 3549; Hemingway's 1917, § 2866; 1930, § 5676; 1942, § 989.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-3 - Enforcement of contribution

If any person, being requested to do so, will not contribute his proper share of the work and furnish the requisite materials suitable for a party fence, or pay the value of his share, the person desiring to build the fence may erect or construct the whole of it, of a proper and suitable kind, being a lawful fence, and may thereafter apply, in writing, to a justice of the peace, who shall appoint three (3) impartial freeholders of the neighborhood to view the fence and determine what amount should be paid by the person who has failed to contribute.
Codes, Hutchinson's 1848, ch. 12, art. 6 (4); 1857, ch. 16, art. 3; 1871, § 1909; 1880, § 972; 1892, § 3127; 1906, § 3550; Hemingway's 1917, § 2867; 1930, § 5677; 1942, § 990.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-5 - Enforcement of contribution; notice and proceedings

The opposite party shall have five (5) days' notice of the time of the meeting of the freeholders, which may be served as a summons is required to be, and each party may introduce evidence of the value of the fence; and the freeholders, or a majority of them, may assess the amount to be paid by the one party to the other, and shall give to the party entitled to the compensation a certificate stating the amount they assess in his favor.
Codes, Hutchinson's 1848, ch. 12, art. 6 (4); 1857, ch. 16, art. 3; 1871, § 1909; 1880, § 972; 1892, § 3128; 1906, § 3551; Hemingway's 1917, § 2868; 1930, § 5678; 1942, § 991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-7 - Enforcement of contribution; action for amount assessed

The party may maintain an action for the amount assessed by the freeholders; and the order of the justice appointing the freeholders, and the certificate of the freeholders, and proof of notice to the opposite party of the time of the meeting, shall be prima facie evidence to support the action. The amount recovered shall be a lien upon the land or lot of the defendant.
Codes, 1857, ch. 16, art. 3; 1871, § 1909; 1880, § 972; 1892, § 3129; 1906, § 3552; Hemingway's 1917, § 2869; 1930, § 5679; 1942, § 992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-9 - Enforcement of contribution; costs

The freeholders each shall receive One Dollar and Fifty Cents ($1.50) per day whilst discharging their duty, to be paid by the party at whose instance they were appointed, who may recover the amount as costs, and the justice shall be entitled to fees as in other cases.
Codes, 1857, ch. 16, art. 3; 1871, § 1909; 1880, § 972; 1892, § 3130; 1906, § 3553; Hemingway's 1917, § 2870; 1930, § 5680; 1942, § 993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-11 - Contribution where fence already built

In case any party fence has been already built, and the adjoining land be used by the owner thereof for any of the purposes set forth in Section
89-17-1
, the party who built the same shall in like manner be entitled to compensation, to the extent that ought to be contributed by the owner of the adjoining land, and in case of refusal to pay the same, the amount may be assessed and a recovery had in the same manner as for erecting a new fence.
Codes, 1857, ch. 16, art. 4; 1871, § 1910; 1880, § 973; 1892, § 3131; 1906, § 3554; Hemingway's 1917, § 2871; 1930, § 5681; 1942, § 994.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-13 - Contribution to keep fence in repair

Each proprietor of land or lots separated by a party fence, shall be bound to contribute his due proportion of labor and materials for keeping the fence in good repair, so far as to make it a lawful fence; and contributions for that purpose may be enforced as above provided.
Codes, 1857, ch. 16, art. 5; 1871, § 1911; 1880, § 974; 1892, § 3132; 1906, § 3555; Hemingway's 1917, § 2872; 1930, § 5682; 1942, § 995.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-15 - Ownership of party fence; fence not to be removed

A party fence will be owned jointly by the respective proprietors, either of whom may require the other to contribute to repairing it, but it shall not be taken away, razed, removed, or left down by either party without the consent of the other; and if either party violate this provision, he shall be liable to the action of the other, and be subject to such penalties as a stranger would be. However, a party shall not be bound to contribute towards keeping a party fence in repair, after he shall have ceased to use the land which is divided by it.
Codes, 1857, ch. 16, art. 6; 1871, § 1912; 1880, § 975; 1892, § 3133; 1906, § 3556; Hemingway's 1917, § 2873; 1930, § 5683; 1942, § 996.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-17 - Departure from line

When, from natural obstacles, it shall be impracticable to erect the entire fence on the dividing line, and it be necessary to make a departure on either side, such departure may be made, but the fence shall, notwithstanding, be a party fence.
Codes, 1857, ch. 16, art. 7; 1871, § 1913; 1880, § 976; 1892, § 3134; 1906, § 3557; Hemingway's 1917, § 2874; 1930, § 5684; 1942, § 997.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-19 - Removal and abandonment of party fence

In case a joint-owner of a party fence shall desire to have a lane on his land, between his own and the adjoining land, he shall be at liberty to remove his part of the fence, on giving six (6) months' notice to the other joint-owner, and not otherwise; but any proprietor who may remove from his land, and cease to use it for any of the purposes before mentioned, shall thereby abandon his right to the party fence.
Codes, 1857, ch. 16, art. 8; 1871, § 1914; 1880, § 977; 1892, § 3135; 1906, § 3558; Hemingway's 1917, § 2875; 1930, § 5685; 1942, § 998.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-21 - Sale of land; lessee or owner to contribute

In case of the sale of the premises to another person, the purchaser shall have the same right and incur the same liabilities as the original owner, in regard to the party fence. A lessee for a longer time than two (2) years shall stand in the attitude of a purchaser during his term; but if the lease be for two (2) years, or a shorter time, the owner shall be bound to contribute towards the erection and repair of the party fence, if either the owner or the tenant use the land; and in such case, the notice served on the tenant, if the owner be absent, will be sufficient.
Codes, 1857, ch. 16, art. 8; 1871, § 1914; 1880, § 977; 1892, § 3136; 1906, § 3559; Hemingway's 1917, § 2876; 1930, § 5686; 1942, § 999.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 13 - PARTY FENCES (§§ 89-13-1 — 89-13-23) › Section 89-13-23 - Fence removed if not paid for, and adopted by paying proportion of value

The person who built the party fence may remove it at pleasure, if the owner of the adjoining land will not pay his proportion thereof; and although the proprietor of any land may desire to retain any fence built by him on a line which divides his land from that of another person, as a private fence, yet that other person may adopt the same as a party fence by paying his proportion of the value thereof; and if the value cannot be agreed upon by the parties, the person desiring to adopt the fence may apply to a justice of the peace to appoint freeholders to assess the proportion that should be paid, as in other cases.
Codes, 1857, ch. 16, art. 9; 1871, § 1915; 1880, § 978; 1892, § 3137; 1906, § 3560; Hemingway's 1917, § 2877; 1930, § 5687; 1942, § 1000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 15 - PARTY WALLS (§§ 89-15-1 — 89-15-11) › Section 89-15-1 - Parol agreement concerning, binding

Any agreement for erecting walls which parties may make who own adjoining lots and desire to build party walls, shall be binding, whether in writing or not; and in case of the failure of either party to comply with his contract, the other may have an action for damages.
Codes, 1857, ch. 16, art. 10; 1871, § 1916; 1880, § 979; 1892, § 3138; 1906, § 3561; Hemingway's 1917, § 2883; 1930, § 5688; 1942, § 1001.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 15 - PARTY WALLS (§§ 89-15-1 — 89-15-11) › Section 89-15-3 - How wall may become a party wall

If the owner of any lot shall build a substantial and durable brick or stone wall on the line which divides his lot from another, and the owner or lessee of that other lot should desire to erect an adjoining building and connect the same with the building already erected, so as to make the wall of the former building serve as the wall of his own, he may do so by paying to the owner of the first wall half the value thereof, or half the value of so much of the former wall as he may use as a wall to his own house; but he shall not be at liberty to use the former wall in any way which may prove dangerous or detrimental to the owner, except he may close lights therein.
Codes, 1857, ch. 16, art. 11; 1871, § 1917; 1880, § 980; 1892, § 3139; 1906, § 3562; Hemingway's 1917, § 2884; 1930, § 5689; 1942, § 1002.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 15 - PARTY WALLS (§§ 89-15-1 — 89-15-11) › Section 89-15-5 - Wall not to be used until paid for; how sum ascertained

A person shall not be at liberty to join or use a wall as a party-wall without first paying to the owner thereof one-half (1/2) the value of so much as may be used; and if the parties cannot agree as to the value, either may apply to the mayor, police justice of the city, town or village, or to any justice of the peace of the county, in writing, for the appointment of suitable persons to assess the amount to be paid; and such mayor or police justice or justice of the peace shall thereupon appoint three (3) mechanics skilled in the description of work, who, or a majority of whom, shall examine the wall, and assess the amount to be paid to the owner thereof, and give a certificate of such examination and assessment to the party at whose instance they were appointed. The opposite party shall have five (5) days' notice of the time of the meeting of the appraisers, and their names, which notice may be served as a summons is required by law to be served. On payment or tender of the amount assessed, the party desiring to use the wall may proceed to do so.
Codes, 1857, ch. 16, art. 12; 1871, § 1918; 1880, § 981; 1892, § 3140; 1906, § 3563; Hemingway's 1917, § 2885; 1930, § 5690; 1942, § 1003.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 15 - PARTY WALLS (§§ 89-15-1 — 89-15-11) › Section 89-15-7 - Exceptions to appraisers

If either party present to such mayor or police justice or justice of the peace, within ten (10) days after filing of assessment, exceptions to any of the appraisers, and the mayor or police justice or justice of the peace be of the opinion that the exception is well founded, a new appraiser or appraisers may be appointed, and either party shall be at liberty to introduce evidence before the appraisers as to the value of the wall.
Codes, 1857, ch. 16, art. 13; 1871, § 1919; 1880, § 982; 1892, § 3141; 1906, § 3564; Hemingway's 1917, § 2886; 1930, § 5691; 1942, § 1004.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 15 - PARTY WALLS (§§ 89-15-1 — 89-15-11) › Section 89-15-9 - Either party may appeal; final record

The officer so appointing the appraisers shall make and preserve a record of all proceedings as in other cases before him, which shall contain the report of the appraisers, which shall be final, unless appealed from within ten (10) days, as in cases appealed from justice of the peace courts. But either party desiring may appeal, as in other cases before justices of the peace, to the circuit court of the county or district, where the whole matters of difference between the parties shall be heard anew, with or without written pleadings, in a summary way, before a jury and the court, as in other cases appealed from justices of the peace, and the findings of the circuit court in the case shall be final. On the proper certificate from the proper officer of the court finally disposing of the case, either party interested may have the final record recorded in the record of deeds of the county or district thereof.
Codes, 1930, § 5692; 1942, § 1005.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 15 - PARTY WALLS (§§ 89-15-1 — 89-15-11) › Section 89-15-11 - Party wall not to be removed or impaired in value

Any party wall which has been paid for, and is used as such, shall not be removed by either party without the consent of the other; nor shall it be so damaged or altered as to render it less valuable to either. And if either party violate this provision he shall be liable to the other as a trespasser for all damages that may be sustained.
Codes, 1857, ch. 16, art. 14; 1871, § 1920; 1880, § 983; 1892, § 3142; 1906, § 3565; Hemingway's 1917, § 2887; 1930, § 5693; 1942, § 1006.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-1 - Abandoned logs, boats, etc., salvaged

Any saw logs, sawn or hewn timber, lumber, boat, building, or other floatable thing of value that may have become derelict in any of the waters or watercourses of the state or in the beds thereof and which have been relinquished, deserted or left by the owner thereof with the intention of abandoning same shall become the property of the owner of the bed of the stream, or the part thereof, where such property may be found and such owner may raise, float or salve said property or authorize the raising, floating or salving of such property.
Codes, 1930, § 6523; 1942, § 1007; Laws, 1930, ch. 243.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-3 - Replevin by owner; bond; lien for salvage

Any person claiming to be the owner of such property may institute an action in replevin for the recovery of such property. Any bond given in such suit to obtain possession of said property shall be liable for any depreciation in value of the property between the date of the giving of the bond and final termination of the suit. If no bond be given by either party within seventy-two (72) hours after the seizure of the property under the writ, the sheriff on the written demand of either party shall sell the same for cash at public outcry after posting a notice of the time and place of sale at three (3) or more public places in the county. The proceeds of sale shall be paid into the registry of the court to await the final outcome of the suit. The defendant in such suit, in the event he or any person acting for him or with his consent has raised, floated or salvaged the property whose title or possession is in issue, shall be entitled to a lien on such property for the reasonable expense of raising, floating, or salvaging such property.
Codes, 1930, § 6524; 1942, § 1008; Laws, 1930, ch. 243.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-5 - Prima facie abandonment

In any suit brought by one claiming to be the owner of such property, proof that such property has been relinquished, deserted or left for a period of three (3) years thereafter without effort to salve such property shall be prima facie evidence of the intention to abandon.
Codes, 1930, § 6525; 1942, § 1009; Laws, 1930, ch. 243.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-7 - Jurisdiction limited

The following sections, and not the foregoing, shall apply to the waters of the Mississippi Sound or of the Gulf of Mexico within the jurisdiction and control of the State of Mississippi; provided that if the foregoing sections should be held unconstitutional, then the following sections shall apply to the entire state.
Codes, 1930, § 6526; 1942, § 1010; Laws, 1930, ch. 243.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-9 - How claims for salvage service rendered shall be filed and prosecuted

Whenever any person shall desire to claim compensation for any salvage service rendered by him in reclaiming and protecting from loss, damage, injury or destruction, any saw log, sawn or hewn timber, lumber, boat or other water craft, or other floatable thing of value, that may have become derelict, in any of the waters of this state or in the beds or on the shores thereof, or for compensation for the preservation thereof, such finder, salvor, or person raising or floating such property, shall file a petition for compensation in the circuit court of the county in which such property shall be found, raised or floated, or salved. In the petition he shall set forth a full and particular description of the property found, raised or floated, or salved, containing all names, letters or other marks of identification appearing thereon, and in the petition he shall also set forth the facts constituting his claim for compensation, and the amount claimed by him for such service, and shall also state the name of the owner of the property, if known to the petitioner, and his place of residence and post-office address. Said owner shall be made a party defendant thereto, and if the owner be unknown, all persons having or claiming any interest in the property shall be made parties defendant, and the petition shall be sworn to. Immediately upon the filing of such petition, the petitioner shall deliver to the sheriff of the county the property described in the petition to be dealt with as hereinafter provided in Section
89-17-17
.
Codes, Hemingway's 1917, § 7305; 1930, § 6527; 1942, § 1011; Laws, 1908, ch. 120.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-11 - Clerk to issue summons

Upon filing such petition the clerk shall issue a summons to the defendant named as required by the Mississippi Rules of Civil Procedure. In case the owners of the property are unknown, then a notice shall be published as provided for by the Mississippi Rules of Civil Procedure.
Codes, Hemingway's 1917, § 7306; 1930, § 6528; 1942, § 1012; Laws, 1908, ch. 120; Laws, 1991, ch. 573, § 124, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-13 - How notice given where parties are nonresidents of state

In suits against persons named in the petition, as defendants thereto, where such defendant is a nonresident of the state, or cannot be served with process, then notice shall be given to such defendant as is provided for in the Mississippi Rules of Civil Procedure.
Codes, Hemingway's 1917, § 7307; 1930, § 6529; 1942, § 1013; Laws, 1908, ch. 120; Laws, 1991, ch. 573, § 125, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-15 - Procedure on return of writ; defendant to plead to petition in case of contest

At the return of the process, in case the defendant shall contest the petitioner's right to compensation or salvage, or the amount thereof, the petition shall stand for a complaint and the defendant shall plead to it as if it were an ordinary action at law and the matter shall be tried as provided for in the Mississippi Rules of Civil Procedure.
Codes, Hemingway's 1917, § 7308; 1930, § 6530; 1942, § 1014; Laws, 1908, ch. 120; Laws, 1991, ch. 573, § 126, eff. 7/1/1991.