reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-311 - Warrant to take physical custody of child

(1)
Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(2)
If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by Section
93-27-308(2)
.
(3)
A warrant to take physical custody of a child must:
(a)
Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(b)
Direct law enforcement officers to take physical custody of the child immediately; and
(c)
Provide for the placement of the child pending final relief.
(4)
The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(5)
A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(6)
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Laws, 2004, ch. 519, § 32, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-312 - Costs, fees, and expenses

(1)
The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(2)
The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Laws, 2004, ch. 519, § 33, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-313 - Recognition and enforcement

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2.
Laws, 2004, ch. 519, § 34, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-314 - Appeals

An appeal may be taken from a final order in a proceeding under this Article 3 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section
93-27-204
, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Laws, 2004, ch. 519, § 35, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-315 - Role of prosecutor or public official

(1)
In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this Article 3 or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(a)
An existing child custody determination;
(b)
A request to do so from a court in a pending child custody proceeding;
(c)
A reasonable belief that a criminal statute has been violated; or
(d)
A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(2)
A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Laws, 2004, ch. 519, § 36, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-316 - Role of law enforcement

At the request of a prosecutor or other appropriate public official acting under Section
93-27-315
, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under Section
93-27-315
.
Laws, 2004, ch. 519, § 37, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-317 - Costs and expenses

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under Section
93-27-315
or
93-27-316
.
Laws, 2004, ch. 519, § 38, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 4 - MISCELLANEOUS (§§ 93-27-401 — 93-27-402) › Section 93-27-401 - Codification

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Laws, 2004, ch. 519, § 40, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 4 - MISCELLANEOUS (§§ 93-27-401 — 93-27-402) › Section 93-27-402 - Prior proceedings and determinations

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before July 1, 2004, is governed by the law in effect at the time the motion or other request was made.
Laws, 2004, ch. 519, § 41, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-1 - Short title

This chapter may be cited as the Uniform Child Abduction Prevention Act.
Laws, 2009, ch. 450, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-3 - Definitions

In this chapter:
(1)
"Abduction" means the wrongful removal or wrongful retention of a child.
(2)
"Child" means an unemancipated individual who is less than eighteen (18) years of age.
(3)
"Child-custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order.
(4)
"Child-custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence.
(5)
"Court" means an entity authorized under the law of a state to establish, enforce or modify a child-custody determination.
(6)
"Petition" includes a motion or its equivalent.
(7)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any other territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
(9)
"Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. The term does not include a passport or visa.
(10)
"Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(11)
"Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
Laws, 2009, ch. 450, § 2, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-5 - Cooperation and communication among courts

Sections
93-27-110
,
93-27-111
and
93-27-112
apply to cooperation and communications among courts in proceedings under this chapter.
Laws, 2009, ch. 450, § 3, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-7 - Actions for abduction prevention measures

(a)
A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(b)
A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter.
(c)
A prosecutor or public authority designated under Section
93-29-315
may seek a warrant to take physical custody of a child under Section
93-29-17
or other appropriate prevention measures.
Laws, 2009, ch. 450, § 4, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-9 - Jurisdiction

(a)
A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the Uniform Child Custody Jurisdiction and Enforcement Act.
(b)
A court of this state has temporary emergency jurisdiction under Section
93-27-204
if the court finds a credible risk of abduction.
Laws, 2009, ch. 450, § 5, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-11 - Contents of petition

A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction including the relevant factors described in Section
93-29-13
. Subject to Section
93-27-209(5)
, if reasonably ascertainable, the petition must contain:
(1)
The name, date of birth and gender of the child;
(2)
The customary address and current physical location of the child;
(3)
The identity, customary address and current physical location of the respondent;
(4)
A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child and the date, location and disposition of the action;
(5)
A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, child abuse or neglect and the date, location and disposition of the case; and
(6)
Any other information required to be submitted to the court for a child-custody determination under Section
93-27-209
.
Laws, 2009, ch. 450, § 6, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-17 - Warrant to take physical custody of child

(a)
If a petition under this chapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b)
The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c)
An ex parte warrant under subsection (a) to take physical custody of a child must:
(1)
Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2)
Direct law enforcement officers to take physical custody of the child immediately;
(3)
State the date and time for the hearing on the petition; and
(4)
Provide for the safe interim placement of the child pending further order of the court.
(d)
If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking or child abuse or neglect.
(e)
The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f)
A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g)
If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs and expenses.
(h)
This chapter does not affect the availability of relief allowed under the law of this state other than this chapter.
Laws, 2009, ch. 450, § 9, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-19 - Duration of abduction prevention order

An abduction prevention order remains in effect until the earliest of:
(1)
The time stated in the order;
(2)
The emancipation of the child;
(3)
The child's attaining eighteen (18) years of age; or
(4)
The time the order is modified, revoked, vacated or superseded by a court with jurisdiction under Sections
93-27-201
through
93-27-203
.
Laws, 2009, ch. 450, § 10, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-21 - Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Laws, 2009, ch. 450, § 11, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 29 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 93-29-1 — 93-29-23) › Section 93-29-23 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USCS Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of the act, 15 USCS Section 7001(c), of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USCS Section 7003(b).
Laws, 2009, ch. 450, § 12, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 31 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 93-31-1 — 93-31-7) › Section 93-31-1 - Short title

This chapter shall be known and may be cited as the Supporting and Strengthening Families Act.
Added by Laws, 2016, ch. 501, SB 2493, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 31 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 93-31-1 — 93-31-7) › Section 93-31-7 - Attorney-in-fact not subject to child care facility licensing or foster care licensing statutes

When authority is delegated under Section
93-31-3
by a parent or guardian, the attorney-in-fact is not subject to the requirements of any other child care facility licensing statutes or foster care licensing statutes, and delivery of custody to the attorney-in-fact will not constitute an out-of-home child placement under Title 43, Mississippi Code of 1972.
Added by Laws, 2016, ch. 501, SB 2493, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 1 - LIBEL AND SLANDER (§§ 95-1-1 — 95-1-5) › Section 95-1-1 - Certain words actionable

All words which, from their usual construction and common acceptation, are considered as insults, and calculated to lead to a breach of the peace, shall be actionable; and a plea, exception or demurrer shall not be sustained to preclude a jury from passing thereon, who are the sole judges of the damages sustained; but this shall not deprive the courts of the power to grant new trials, as in other cases.
Codes, Hutchinson's 1848, ch. 56, art. 3; 1857, ch. 54, art. 1; 1871, § 1973; 1880, § 1004; 1892, § 10; 1906, § 10; Hemingway's 1917, § 1; 1930, § 11; 1942, § 1059.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 1 - LIBEL AND SLANDER (§§ 95-1-1 — 95-1-5) › Section 95-1-3 - Liability of radio and television stations or networks

(1)
The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by any person other than the owner, licensee or operator, or some agent or employee thereof.
(2)
In no event, however, shall any owner, licensee or operator, or the agents or employees of any such owner, licensee or operator of such a station or network of stations, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by or on behalf of any candidate for public office, unless such statement is made by an agent or employee of the station in the course of his employment.
Codes, 1942, § 1059.5; Laws, 1954, ch. 250, §§ 1, 2.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 1 - LIBEL AND SLANDER (§§ 95-1-1 — 95-1-5) › Section 95-1-5 - Newspapers and radio or television stations to have opportunity to make corrections prior to suit

(1)
Before any civil action is brought for publication, in a newspaper domiciled and published in this state or authorized to do business in Mississippi so as to be subject to the jurisdiction of the courts of this state, of a libel, or against any radio or television station domiciled in this state, the plaintiff shall, at least ten (10) days before instituting any such action, serve notice in writing on the defendant at its regular place of business, specifying the article, broadcast or telecast, and the statements therein, which he alleges to be false and defamatory.
(2)
If it appears upon the trial that said article was published, broadcast or telecast in good faith, that its falsity was due to an honest mistake of the facts, and there were reasonable grounds for believing that the statements in said article, broadcast or telecast were true, and that within ten (10) days after the service of said notice a full and fair correction, apology and retraction was published in the same edition or corresponding issues of the newspaper in which said article appeared, and in as conspicuous place and type as was said original article, or was broadcast or telecast under like conditions correcting an honest mistake, and if the jury shall so find, the plaintiff in such case shall recover only actual damages. The burden of proof of the foregoing facts shall be affirmative defenses of the defendant and pled as such.
(3)
This section shall not apply to any publication concerning a candidate for public office made within ten (10) days of any primary, general or special election in which such candidate's candidacy for or election to public office is to be determined, and this section shall not apply to any editorial or to any regularly published column in which matters of opinions are expressed.
Codes, 1942, § 1059.7; Laws, 1962, ch. 318, §§ 1-4.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-1 - Definitions of terms "person," "place" and "nuisance."

For the purpose of this chapter the terms place, person and nuisance are defined as follows:
a.
"Place" shall include any building, erection, or structure or any separate part or portion thereof or the ground itself.
b.
"Person" shall include any individual, corporation, association, partnership, trustee, lessee, agent or assignee.
c.
"Nuisance" shall mean any place as above defined in or upon which lewdness, assignation or prostitution is conducted, permitted, continued or exists or any other place as above defined in or upon which a controlled substance as defined in Section
41-29-105
, Mississippi Code of 1972, is unlawfully used, possessed, sold or delivered and the personal property and contents used in conducting or maintaining any such place for any such purpose. One single act of unlawful cohabitation, lewdness or possession, use, sale or delivery of a controlled substance about such property shall not come within the terms hereof.
Codes, Hemingway's 1921 Supp, § 2790a; 1930, § 2868; 1942, § 1060; Laws, 1918, ch. 193; Laws, 1973, ch. 317, § 1, eff. 3/14/1973.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-3 - Persons guilty

Any person who shall use, occupy, establish or conduct a nuisance as herein defined, or aid or abet therein, and the owner, agent or lessee of any interest in such nuisance, together with the person employed in or in control of any such nuisance by any such owner, agent or lessee, shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided.
Codes, Hemingway's 1921 Supp, § 2790b; 1930, § 2869; 1942, § 1061; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-5 - Action to abate and enjoin; who may maintain

Whenever a nuisance exists, the attorney-general of the state, the district attorney of the district, the county attorney, or any person who is a citizen of the county, may bring an action in equity in the name of the State of Mississippi, upon the relation of such attorney general, district attorney, or county attorney, or person to abate such nuisance and to perpetually enjoin the person or persons maintaining the same from further maintenance thereof.
Codes, Hemingway's 1921 Supp, § 2790c; 1930, § 2870; 1942, § 1062; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-7 - Jurisdiction; procedure; temporary restraining order

Such action shall be brought in the chancery court of the county in which the property is located, by a verified bill of complaint, stating the facts constituting the nuisance, the names of the parties, the object of the action, a substantial description of the place constituting the alleged nuisance, and a general description of the personal property used in connection therewith. The bill of complaint may contain an application for a temporary injunction, and where such application has been made, the chancery court, the chancellor in vacation, any judge of the circuit court, or a judge of the supreme court, may in his discretion, on good cause shown, on motion of the complainant, issue an ex parte restraining order restraining the defendants and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist, until the decision of the court granting or refusing such temporary injunction, and until the further order of the court thereon. The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such delivery and posting. The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance. When such restraining order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon a notice to that effect.
Codes, Hemingway's 1921 Supp, § 2790d; 1930, § 2871; 1942, § 1063; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-9 - Procedure; temporary injunction; bond

When the bill contains an application for a temporary injunction a hearing thereon shall be granted within ten (10) days after the filing of the bill; but a copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary injunction, shall be served upon the defendants at least five (5) days before such hearing. If the hearing be then continued at the instance of any defendant, the temporary writ as prayed shall be granted as a matter of course. Each defendant so notified may file a verified answer on or before the date fixed in said notice for said hearing, but the court or judge may allow additional time for so answering, provided such extension of time shall not prevent the issuing of said temporary writ as prayed for. No bond shall be required for the issuance of any restraining order or temporary injunction mentioned in this chapter.
Codes, Hemingway's 1921 Supp, § 2790d; 1930, § 2872; 1942, § 1064; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-11 - Temporary injunction; further orders

If, upon the hearing, the allegations be sustained to the satisfaction of the court, the court shall issue a temporary injunction restraining the defendants and any other person or persons from continuing the nuisance. When the temporary injunction has been granted, it shall be binding on the defendants throughout the chancery district. If at the time of granting a temporary injunction it shall further appear that the person owning, in control, or in charge of the nuisance so enjoined, has received five (5) days' notice of the hearing, then unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, or that such person proceeded forthwith to enforce his rights under the provisions of this chapter, the court or judge shall forthwith also issue an order closing the place for any purpose until decision shall be rendered on the application for a permanent injunction. Such order shall also continue in effect for such further period the restraining order above provided, if already issued, or if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as hereinbefore provided, and such restraining order shall be served and the inventory of such property shall be made and filed as hereinbefore provided. However, if the owner or owners of any real or personal property so closed or restrained, or to be closed or restrained, appear at any time between the filing of the bill of complaint and the hearing on the application for a permanent injunction, and pay all costs incurred and file a bond by the owner of the real property with sureties to be approved by the clerk in the full value of the property to be ascertained by the clerk, conditioned that such owner or owners will immediately abate the nuisance and prevent same from being established or kept until the decision of the court shall have been rendered on the application for a permanent injunction, then and in that case, the court, or judge in vacation, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance, and that, with reasonable care and diligence, such owner could not have known thereof, shall deliver such real or personal property or both to the respective owners thereof, and cancel or refrain from issuing at the time of the hearing on the application for the temporary injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property.
Codes, Hemingway's 1921 Supp, § 2790d; 1930, § 2873; 1942, § 1065; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-13 - Trial; evidence; costs; permanent injunction

The action when brought shall be triable at the next term of court, provided process shall have been served for twenty or more days, otherwise at the following term, and said cause shall have precedence over all other cases except election contests, or injunctions. In such action evidence of the general reputation of the place, or an admission, or finding, of guilt of any person under the criminal laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance and of knowledge of and acquiescence and participation therein on the part of the person or persons charged with maintaining said nuisance as herein defined. If the complaint is filed by a person who is citizen of the county, it shall not be dismissed except upon a sworn statement by the complainant and his or its attorney, setting forth the reasons why the actions should be dismissed and the dismissal approved by the district attorney or county attorney in writing or in open court. If the court be of the opinion that the action ought not to be dismissed, he may direct the district attorney or county attorney to prosecute said action to final decree, and if the action is continued more than one term of court any person who is a citizen of the county, or the attorney general, or the district attorney, or the county attorney, may be substituted for the complainant and prosecute said action to final decree. If the action is brought by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed to such person. If the existence of the nuisance be established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and other person or persons from further maintaining the nuisance at the place complained of, and the defendants from maintaining such nuisance elsewhere within the chancery district, and may tax said defendants with all costs of the proceedings.
Codes, Hemingway's 1921 Supp, § 2790e; 1930, § 2874; 1942, § 1066; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-15 - Order of abatement

If the existence of the nuisance be admitted, or established in an action as provided in this chapter, an order of abatement shall be entered as a part of judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released under authority of the court as provided in Section
95-3-11
, and shall direct the sale in the manner provided for the sale of chattels under execution of such personal property as belong to the defendants notified or appearing. Such order shall also require the renewal for one (1) year of any bond furnished by the owner of the real property as provided in Section
95-3-11
, or, if not so furnished, shall continue for one (1) year any closing order issued at the time of granting the temporary injunction, or, if no such closing order was issued, shall include an order directing the effectual closing of the place against its use for any purpose, and so keeping it closed for a period of one (1) year, unless sooner released; provided, however, that the owner of any place so closed and not released under bond as hereinbefore provided in Section
95-3-11
, may at this time appear and obtain such release in the manner and upon fulfilling the requirements as hereinbefore provided. The release of the property under any of the provisions of this chapter shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. Owners of unsold personal property and contents so seized must appear and claim same within ten (10) days after such order of abatement is made and prove innocence, to the satisfaction of the court, of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence be so established, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as hereinbefore provided. If any person shall break and enter or use a place so directed to be closed, he shall be punished as for contempt as provided hereinafter. For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees he would for levying upon the selling like property on execution; and for closing the place and keeping it closed, a reasonable sum shall be allowed by the court.
Codes, Hemingway's 1921 Supp, § 2790f; 1930, § 2875; 1942, § 1067; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-17 - Unknown defendants; process; publication

The provisions of existing laws regarding the service of process shall apply to service in proceedings under this chapter. The person in whose name the real estate affected by the action stands on the books of the tax collector for purposes of taxation shall be presumed to be the owner thereof, and in case of unknown persons having or claiming any ownership, right, title or interest in property affected by the action, such may be made parties to the action by designating them in the summons and complaint as "all other persons unknown claiming any ownership, right, title or interest in the property affected by the action," and service thereon may be had by publishing in the manner prescribed by law. Any person having or claiming such ownership, right, title or interest, and any owner or agent in behalf of himself and such owner, may make, serve, and file his answer therein twenty (20) days after such service and have trial of his rights in the premises by the court, and if said cause had already proceeded to trial or to findings and judgment, the court shall by order fix the time and place of such further trial and shall modify, add to, or confirm such findings and decrees as the case may require. Other parties to said action shall not be affected thereby.
Codes, Hemingway's 1921 Supp, § 2790i; 1930, § 2876; 1942, § 1068; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-19 - Contempt; punishment

In case of the violation of any injunction or closing order granted under provisions of this chapter, or of a restraining order or the commission of any other contempt of court in proceedings under this chapter, the court, or the chancellor in vacation, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court a complaint upon oath setting out and alleging facts constituting such violation, upon which the court or chancellor shall cause a warrant to issue, under which the defendant shall be arrested. The trial thereof may be had upon affidavits or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this chapter shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not less than three (3) nor more than six (6) months or by both such fine and imprisonment.
Codes, Hemingway's 1921 Supp, § 2790h; 1930, § 2877; 1942, § 1069; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-21 - County attorney; duty; procedure

In case the existence of such nuisance is established in a criminal proceeding, under existing laws, it shall be the duty of the county attorney or district attorney to proceed promptly under this chapter to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the nuisance. All moneys collected under this chapter shall be paid into the county treasury. The proceeds of the sale of the personal property, as provided in Section
95-3-15
, shall be applied in payment of the costs of the action and abatement, including the complainant's costs, or so much of such proceeds as may be necessary, except as otherwise provided by law.
Codes, Hemingway's 1921 Supp, § 2790g; 1930, § 2878; 1942, § 1070; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-23 - Lease annulled for unlawful use

If a tenant or occupant of a building or tenement under a lawful title uses such place as a nuisance as herein defined, such use shall annul and make void the lease or other title under which he holds and, without any act of the owner, shall cause the right of possession to revert and vest in the owner, and the owner may without process of law make immediate entry upon the premises.
Codes, Hemingway's 1921 Supp, § 2790k; 1930, § 2879; 1942, § 1071; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-25 - Clubs, boats, etc., operating gaming devices; applicability of provisions of this section

Any building, club, vessel, boat, place or room, wherein is kept or exhibited any game or gaming table, commonly called A.B.C. or E.O. roulette, or rowley-powley, or rouquetnoir, roredo, keno, monte, or any faro-bank, dice, or other game, gaming table, or bank of the same or like kind, or any other kind or description of gambling device under any other name whatever, and any such place where information is furnished for the purpose of making and settling bets or wagers on any horse race, prize fight, or on the outcome of any like event, or where bets or wagers are arranged for, made or settled, shall be deemed to be a common nuisance and may be abated by writ of injunction, issued out of a court of equity upon a bill filed in the name of the state by the Attorney General, or any district or county attorney, whose duty requires him to prosecute criminal cases on behalf of the state in the county where the nuisance is maintained, or by any citizen or citizens of such county, such bill to be filed in the county in which the nuisance exists. And all rules of evidence and of practice and procedure that pertain to courts of equity generally in this state may be invoked and applied in any injunction procedure hereunder. The provisions of this section shall not apply to any form of gaming or gambling that is legal under the laws of the State of Mississippi or to a licensed gaming establishment and shall not apply to any licensed gaming establishment having on its premises any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired or transported in accordance with subsection (4) of Section
97-33-7
.
Upon the abatement of any such nuisance, any person found to be the owner, operator or exhibitor of any gambling device described in the first paragraph of this section may be required by the court to enter into a good and sufficient bond in such amount as may be deemed proper by the court, to be conditioned that the obligor therein will not violate any of the laws of Mississippi pertaining to gaming or gambling for a period of not to exceed two (2) years from the date thereof. The failure to make such bond shall be a contempt of court and for such contempt the person or party shall be confined in the county jail until such bond is made, but not longer than two (2) years. Said bond shall be approved by the clerk of the court where the proceedings were had and shall be filed as a part of the record of such case.
Codes, 1942, § 1073; Laws, 1938, ch. 341; Laws, 1989, ch. 480, § 9; Laws, 1990, ch. 449, § 4; Laws, 1990, ch. 573, § 8; Laws, 2005, 5th Ex Sess, ch. 16, § 2, eff. 10/17/2005.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-27 - Existing laws and prosecutions not affected

This chapter shall be construed as supplementary to and in aid of existing statutes in this state relating to the same subject-matter, and not as a repeal of the same.
Codes, Hemingway's 1921 Supp. § 2790l; 1930, § 2880; 1942, § 1072; Laws, 1918, ch. 193.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 3 - NUISANCES (§§ 95-3-1 — 95-3-29) › Section 95-3-29 - Immunity of certain agricultural operations from nuisance actions

(1)
In any nuisance action, public or private, against an agricultural operation, including forestry activity, proof that the agricultural operation, including forestry activity, has existed for one (1) year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal permits.
(2)
The following words and phrases as used in this section shall have the meanings given them in this section:
(a)
"Agricultural operation" includes, without limitation, any facility or production site for the production and processing of crops, or products thereof, livestock, or products thereof, farm-raised fish and fish products, livestock products, honeybees, honey and other products of the beehive, wood, timber or forest products, fowl or plants for breeding or sales and poultry or poultry products for commercial or industrial purposes. "Agricultural operation' also includes the use of farm machinery, equipment, devices, chemicals, products for agricultural use, materials and structures designed for agricultural use and used in accordance with best agricultural management practices and are in compliance with any applicable state and federal permits.
(b)
"Forestry activity" means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.
(c)
"Traditional farm practices" means those accepted customs and standards established and followed by similar agricultural operations under similar circumstances.
(3)
The provisions of this section shall not be construed to affect any provision of the "Mississippi Air and Water Pollution Control Law."
(4)
This section shall not affect actions commenced prior to July 1, 1980.
Laws, 1980, ch. 374; Laws, 1981, ch. 357, § 1; Laws, 1994, ch. 647, § 2; Laws, 2004, ch. 591, § 1; Laws, 2009, ch. 333, § 1, eff. 3/16/2009.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-1 - through 95-5-9 - [Repealed]

Repealed by Laws, 1989, ch. 558, § 2, eff. 7/1/1989.
§ 95-5-1. [Codes, Hutchinson's 1848, ch. 12, art. 6(9); 1857, ch. 18, art. 2; 1871, § 2474; 1880, § 962; 1892, § 4411; 1906, § 4976; Hemingway's 1917, § 3245; 1930, § 3410; 1942, § 1074; Laws, 1950, ch. 312, § 1; 1981, ch. 395, § 1] § 95-5-3. [Codes, Hutchinson's 1848, ch. 12, art. 6(7); 1857, ch. 18, art. 1; 1871, § 2473; 1880, § 961; 1892, § 4412; 1906, § 4977; Hemingway's 1917, § 3246; 1930, § 3411; 1942, § 1075; Laws, 1924, ch. 167; 1950, ch. 312, § 2; 1981, ch. 395, § 2] § 95-5-5. [Codes, 1857, ch. 18, art. 3; 1871, § 2475; 1880, § 963; 1892, § 4413; 1906, § 4978; Hemingway's 1917, § 3247; 1930, § 3412; 1942, § 1076] § 95-5-7. [Codes, 1857, ch. 18, art. 4; 1871, § 2476; 1880, § 964; 1892, § 4414; 1906, § 4979; Hemingway's 1917, § 3248; 1930, § 3413; 1942, § 1077] § 95-5-9. [Codes, 1857, ch. 18, art. 5; 1871, § 2477; 1880, § 965; 1892, § 4415; 1906, § 4980; Hemingway's 1917, § 3249; 1930, § 3414; 1942, § 1078]