reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 19 - CONSTABLES (§§ 19-19-1 — 19-19-15) › Section 19-19-6 - Training programs for constables

On or before January 7, 1990, the Board on Law Enforcement Officers Standards and Training shall submit to the Mississippi State Legislature a proposal describing the training program required by Section
19-19-5
, which is specifically designed for the training of constables. The proposal shall set forth in detail the nature and scope of the curriculum and time period of training for constables, with due consideration being given to the specific duties and responsibilities of constables.
Laws, 1989, ch. 586, § 2, eff. 1/1/1992 (the date the United States Attorney General interposed no objection to this enactment).
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 19 - CONSTABLES (§§ 19-19-1 — 19-19-15) › Section 19-19-7 - Constable to attend justices' court

It shall be the duty of the constable to attend the justices' courts of his district, and to obey their lawful orders. He shall execute all judgments of said courts in any criminal case before them.
Codes, 1880, § 393; 1892, § 773; 1906, § 835; Hemingway's 1917, § 641; 1930, § 636; 1942, § 3891.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 19 - CONSTABLES (§§ 19-19-1 — 19-19-15) › Section 19-19-8 - Compensation for constable serving as justice court bailiff

A constable that serves as a bailiff in justice court for criminal cases may be paid by the county in an amount equal to the allowance paid to riding bailiffs as provided in Section
19-25-31
.
Laws, 2007, ch. 588, § 2, eff. 4/21/2007; reenacted and amended, Laws, 2009, ch. 417, § 1, eff. 8/7/2009 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the reenactment and amendment of this section).
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 19 - CONSTABLES (§§ 19-19-1 — 19-19-15) › Section 19-19-9 - Effect of failure to execute and return execution

If any constable or other officer fail to execute and return, according to law, any execution to him directed by any justice of the peace, on or before the return day thereof, the plaintiff in execution may recover the amount thereof, with interest and costs and five per centum damages thereon, by motion before the justice to whom the execution was returnable, against the officer and his sureties. When any constable, or such other officer, or his sureties, shall have paid the amount of money and damages recovered, the original judgment shall be vested in the person so paying. The justice, on motion, may fine the officer not exceeding Fifty Dollars ($50.00) for failing to return such execution.
Codes, Hutchinson's 1848, ch 50, art 4 (5); 1857, ch. 6, art 178; 1870, § 282; 1880, § 390; 1892, § 770; 1906, § 832; Hemingway's 1917, § 638; 1930, § 633; 1942, § 3888.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 19 - CONSTABLES (§§ 19-19-1 — 19-19-15) › Section 19-19-11 - Effect of failure to pay money on execution

If any constable or other officer shall collect or receive any money by virtue of an execution issued by a justice of the peace, and shall not pay the same over, on demand to the plaintiff in execution, or other person authorized to receive the same, the plaintiff, or other person authorized to receive the same, may recover the amount thereof, with interest and costs and twenty-five per centum damages, by motion before the justice of the peace against the officer and his sureties.
Codes, Hutchinson's 1848, ch. 50, art 4 (6); 1857, ch. 6, art 179; 1871, § 283; 1880, § 391; 1892, § 771; 1906, § 833; Hemingway's 1917, § 639; 1930, § 634; 1942, § 3889.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 19 - CONSTABLES (§§ 19-19-1 — 19-19-15) › Section 19-19-13 - Liability for false return

If any constable or other officer make a false return on any execution or other process issued by a justice of the peace, such officer shall forfeit and pay the sum of Two Hundred Dollars ($200.00), to be recovered against such officer and his sureties by motion before the justice by whom such process was issued, for the use of the party injured by said false return.
Codes, 1857, ch. 6, art 180; 1871, § 284; 1880, § 392; 1892, § 772; 1906, § 834; Hemingway's 1917, § 640; 1930, § 635; 1942, § 3890.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 19 - CONSTABLES (§§ 19-19-1 — 19-19-15) › Section 19-19-15 - Penalty for neglect of duty

A constable who shall fail to discharge any of the duties required of him, when no other penalty is provided for such failure, shall be liable to be fined, as for a contempt, not exceeding Fifty Dollars ($50.00) by the justice of the peace before whom the proceedings may be pending.
Codes, Hutchinson's 1848, ch. 50, art 4 (8); 1857, ch. 6 art 182; 1871, § 286; 1880, § 395; 1892, § 774; 1906, § 836; Hemingway's 1917, § 642; 1930, § 637; 1942, § 3892.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 21 - CORONERS (§§ 19-21-1 — 19-21-109) › PROVISIONS APPLICABLE WHERE CORONER IS MEDICAL DOCTOR [Repealed] (§ 19-21-51) › Section 19-21-51 - through 19-21-71 - [Repealed]

Repealed by Laws of 1986, ch. 459, § 44, eff. 7/1/1986.
§ 19-21-51. [Codes, 1942, §§ 3909-01, 3909-05, 3909-13; Laws, 1968, ch. 518, §§ 1, 5, 13, eff. 9/1/1968] § 19-21-53. [Codes, 1942, § 3909-02; Laws, 1968, ch. 518, § 2, eff. 9/1/1968] § 19-21-55. [Codes, 1942, § 3909-03; Laws, 1968, ch. 518, § 3; Laws, 1971, ch. 369, § 1, eff. 3/16/1971] § 19-21-57. [Codes, 1942, §§ 3909-03, 3909-04; Laws, 1968, ch. 518, §§ 3, 4; Laws, 1971, ch. 369, § 1, eff. 3/16/1971] § 19-21-59. [Codes, 1942, § 3909-06; Laws, 1968, ch. 518, § 6, eff. 9/1/1968] § 19-21-61. [Codes, 1942, § 3909-07; Laws, 1968, ch. 518, § 7, eff. 9/1/1968] § 19-21-63. [Codes, 1942, § 3909-08; Laws, 1968, ch. 518, § 8, eff. 9/1/1968] § 19-21-65. [Codes, 1942, § 3909-11; Laws, 1968, ch. 518, § 11, eff. 9/1/1968] § 19-21-67. [Codes, 1942, § 3909-09; Laws, 1968, ch. 518, § 9, eff. 9/1/1968] § 19-21-69. [Laws, 1968, ch. 518, § 10, eff. 9/1/1968]. § 19-21-71. [Codes, 1942, § 3909-12; Laws, 1968, ch. 518, § 12, eff. 9/1/1968]
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 21 - CORONERS (§§ 19-21-1 — 19-21-109) › MISSISSIPPI CORONER REORGANIZATION ACT (§§ 19-21-101 — 19-21-109) › Section 19-21-101 - Short title

Sections
19-21-101
through
19-21-109
shall be known and cited as the "Mississippi Coroner Reorganization Act of 1986."
Laws, 1986, ch. 459, § 1, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 21 - CORONERS (§§ 19-21-1 — 19-21-109) › MISSISSIPPI CORONER REORGANIZATION ACT (§§ 19-21-101 — 19-21-109) › Section 19-21-103 - Qualifications of candidate for office

(1)
Beginning with the 1987 general election and thereafter, each candidate for the elected office of coroner shall, as a minimum, possess a high school graduation diploma or its equivalent, be twenty-one (21) years of age or older, and be a qualified elector of the county in which elected.
(2)
The minimum education requirements of subsection (1) of this section and subsection (1) of Section
41-61-57
shall not apply to any coroner holding office on July 1, 1986, who is reelected in the 1987 general election and thereafter, as long as such coroner maintains continuous active service as county medical examiner or county medical examiner investigator. However, all other portions of subsection (1) of Section
41-61-57
shall apply to such coroners.
Laws, 1986, ch. 459, § 2, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 21 - CORONERS (§§ 19-21-1 — 19-21-109) › MISSISSIPPI CORONER REORGANIZATION ACT (§§ 19-21-101 — 19-21-109) › Section 19-21-105 - Elected coroner required to attend Mississippi Forensics Laboratory and State Medical Examiner Death Investigation Training School; oath of office

(1)
Each coroner elected in the 1987 general election and thereafter shall attend the Mississippi Forensics Laboratory and State Medical Examiner Death Investigation Training School provided for in subsection (5) of Section
41-61-57
, and shall successfully complete subsequent testing on the subject material prior to taking the oath of office. If the elected coroner fails to successfully complete the school and testing, he shall not be eligible to take the oath of office.
(2)
Upon successful completion of the death investigation training school, the coroner shall take the oath of office, and he then shall be designated the chief county medical examiner or chief county medical examiner investigator, as provided in subsection (2) of Section
41-61-57
, and shall perform the duties of such office as required by law.
Laws, 1986, ch. 459, § 3, eff. 7/1/1986.
Amended by Laws, 2015, ch. 452, SB 2159, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 21 - CORONERS (§§ 19-21-1 — 19-21-109) › MISSISSIPPI CORONER REORGANIZATION ACT (§§ 19-21-101 — 19-21-109) › Section 19-21-107 - Appointment of successor to serve in office of coroner

In the absence of an individual to serve in the office of coroner, there shall immediately be appointed a successor in the manner provided by law.
Laws, 1986, ch. 459, § 4, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 21 - CORONERS (§§ 19-21-1 — 19-21-109) › MISSISSIPPI CORONER REORGANIZATION ACT (§§ 19-21-101 — 19-21-109) › Section 19-21-109 - Transfer of duties from county ranger to sheriff of county

The duties of the county ranger, heretofore exercised by the coroner, shall be transferred to the sheriff of the county, who shall have all the duties and powers of the ranger's office.
Laws, 1986, ch. 459, § 5, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-1 - County prosecuting attorney

There shall be, in the counties where such an office now exists, a county prosecuting attorney, elected in the county at each general election for state and county officers. The several counties in the state shall have the right to come from under and within the provisions of this chapter in the manner hereinafter provided.
Codes, Hemingway's 1917, § 691; Laws, 1916, ch. 238; 1930, § 4220; 1942, § 3910.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-3 - Election to establish or abolish office of county prosecuting attorney

The board of supervisors of any county, when requested thereto by a petition signed by twenty percent (20%) of the qualified electors of that county asking for an election to determine whether or not the office of county prosecuting attorney shall be established or abolished, shall order an election to be held not less than sixty days from the first meeting of the board after the petition is filed, at which election the qualified electors of the county shall vote for or against the office of county prosecuting attorney. The expense of said election shall be paid out of the county treasury. It shall be the duty of the election commissioners to furnish to the managers of the election, ballots upon which shall be written the following: "For County Prosecuting Attorney's Office," "Against County Prosecuting Attorney's Office," and all laws now in force governing general elections shall apply to the special elections herein provided for. If it shall appear that a majority of the qualified electors voting on this question shall vote against the county prosecuting attorney's office, the office shall be abolished or not established, as the case may be. No election concerning the establishing or abolishing of the county prosecuting attorney's office shall be held less than two years from the date on which the office was established or abolished, as provided for in this section, and less than two years after a county attorney shall have been elected to fill the said office.
Codes, Hemingway's 1917, § 692; Laws, 1916, ch. 238; 1930, § 4221; 1942, § 3911.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-5 - Supervisors may reestablish office

The board of supervisors of any county where the county prosecuting attorney's office has been abolished may by its own motion entered upon the minutes, make an order to reestablish the said office of county prosecuting attorney in said county. Said order shall be published in a newspaper published in said county and having a general circulation therein, and if there is no such newspaper in said county, the said order shall be posted in three public places of said county, and one of the said places shall be the courthouse, for three consecutive weeks next preceding, and if within that time twenty percent (20%) of the qualified electors of the county shall petition against re-creation of said office, then the said office shall not be re-created, unless an election shall have been ordered in the manner provided for in Section
19-23-3
, and a majority of the qualified voters in said election vote to re-create said office. The said board shall not re-create said office unless two years after the same has been abolished shall have passed. Should there be no petition against the re-creation of said office, the board of supervisors shall re-create said office of county prosecuting attorney.
Codes, Hemingway's 1917, § 693; 1930, § 4222; 1942, § 3912; Laws, 1916, ch. 238.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-7 - Governor to make appointment to reestablished office

Should the county prosecuting attorney's office be re-created under Section
19-23-5
, then the Governor shall appoint an attorney, whose term of office shall be until the next general election, whether the same be held for the election of congressmen, judges or other officers, when said county attorney's office shall be filled by election and whose term of office shall be until the next general election for state and county officers, or until the office is abolished as provided for in Section
19-23-3
.
Codes, Hemingway's 1917, § 694; 1930, § 4223; 1942, § 3913; Laws, 1916, ch. 238.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-9 - Qualifications

The county prosecuting attorney shall possess all the qualifications of other county officers, and in addition thereto shall be a regular licensed and practicing lawyer.
Codes, Hemingway's 1917, § 695; Laws, 1916, ch. 238; 1930, § 4224; 1942, § 3914.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-13 - County prosecuting attorney not to defend criminal cases in county

The county prosecuting attorney shall not represent or defend any person in any criminal prosecution in the name of the state, county or municipality of the county, nor shall he or she give any advice against the state, his or her county or in a criminal case against a municipality of his or her county, and shall not represent any person in any case against the state, his or her county, or in a criminal case arising in a municipal court of his or her county. Nothing herein shall prohibit any county prosecuting attorney from defending any person in any criminal prosecution in any county not within the county in which he or she is the county prosecuting attorney.
Codes, Hemingway's 1917, § 698; 1930, § 4227; 1942, § 3917; Laws, 1916, ch. 238; Laws, 1950, ch. 276; Laws, 1975, ch. 476, eff. 4/7/1975.
Amended by Laws, 2023, ch. 307, SB 2199,§ 1, eff. 3/3/2023.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-15 - County prosecuting attorney may be attorney for supervisors

The county prosecuting attorney may be employed by the supervisors as the attorney for the board of supervisors, and may be paid the additional salary otherwise provided by law for the board's attorney, in addition to the salary of the county attorney, fixed for services as county prosecuting attorney.
Codes, Hemingway's 1917, § 700; 1930, § 4228; 1942, § 3918; Laws, 1916, ch. 238; Laws, 1928, ch. 71; Laws, 1944, ch. 188.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-17 - Justice court judges to arrange dates of courts with county prosecuting attorney

The justice court judges of the county shall confer with the county prosecuting attorney as to the date of holding their respective courts, and by mutual arrangements, shall hold their courts as far apart as possible, so as to enable the county prosecuting attorney to attend their courts when necessary.
Codes, Hemingway's 1917, § 701; 1930, § 4229; 1942, § 3919; Laws, 1916, ch. 238; Laws, 1981, ch. 471, § 43; Laws, 1982, ch. 423, § 28, eff. 1/1/1984.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-19 - Secretarial assistance

The board of supervisors in each county in the State of Mississippi is hereby authorized, in its discretion, to pay a reasonable sum not exceeding One Thousand Dollars ($1,000.00) per month to the county prosecuting attorney for secretarial services actually rendered to said county prosecuting attorney in the discharge of the official duties of his office.
Codes, 1942, § 3916.5; Laws, 1960, ch. 195, §§ 1-9; Laws, 1964, chs. 362, 363; Laws, 1966, ch. 298, § 1, 1968, ch. 359, § 1; Laws, 1997, ch. 570, § 10, eff. 10/1/1997.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 23 - COUNTY ATTORNEYS (§§ 19-23-1 — 19-23-21) › Section 19-23-21 - Appointment of assistant county attorney in certain counties

The county attorney of any county bordering on the Gulf of Mexico and having two (2) judicial districts may appoint an assistant county attorney from the judicial district in which the county attorney does not reside, to serve for a term commensurate with the county attorney; the assistant county attorney shall receive the same salary, mileage expense account and secretarial assistance as provided by law for the county attorney and shall have the same duties and powers as the county attorney, subject to the direction of the county attorney.
Laws, 1973, ch. 322, § 1, eff. 10/1/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-1 - Commission; term of office; oath and bond

There shall be chosen one (1) sheriff for each county, who shall be commissioned by the Governor. The sheriff shall continue in office for the term of four (4) years and until his successor shall be qualified, unless sooner removed. Before he enters upon the duties of his office he shall take the oath prescribed by the Constitution, and give bond as prescribed by Section
19-25-5
.
Codes, Hutchinson's 1848, ch. 28, art 3(1); 1857, ch. 6, art 112; 1871, § 219; 1880, § 323; 1892, § 4108; 1906, § 4660; Hemingway's 1917, § 3077; 1930, § 3306; 1942, § 4231; Laws, 1986, ch. 458, § 19, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-5 - Penalties of bond

The sheriffs of the several counties shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law and in the same manner as other county officials, in a penalty equal to One Hundred Thousand Dollars ($100,000.00), the premium for which shall be paid by the county.
Codes, Hutchinson's 1848, ch. 28, art 3 (2); 1857, ch. 6, art 113; 1871, § 219; 1880, § 324; 1892, § 4110; 1906, § 4662; Hemingway's 1917, § 3097; 1930, § 3308; 1942, § 4233; Laws, 1968, ch. 369, § 2; Laws, 1986, ch. 458, § 20, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-7 - Remedy on joint and several; officer's liability first fixed

The remedy upon sheriff's bond shall be joint and several against all or any one or more of the obligors. In all suits thereon against the surety or sureties, the liability of the sheriff shall be first fixed, except when the sheriff is a party to the suit, has died or removed or is not found.
Codes, 1857, ch. 6, art 114; 1871, § 220; 1880, § 325; 1892, § 4111; 1906, § 4663; Hemingway's 1917, § 3080; 1930, § 3309; 1942, § 4234.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-9 - Performance of sheriff's duties when latter is incapable, unfit, or the like

If the sheriff be a party to or interested in any suit, or for other cause be incapable or unfit to execute his office in any particular case, or if the sheriff shall have outstanding against him a warrant for his arrest, duly executed by any justice court judge, mayor or municipal judge in the county in which he is sheriff, and where there is no vacancy in the office of sheriff, the circuit judge or chancellor of the district in which said county is located, upon being informed of all the conditions and circumstances with reference thereto, may appoint some qualified elector of the county to execute, do and perform the duties of the sheriff.
Codes, Hutchinson's 1848, ch. 29, art 3 (15); 1857, ch. 6, art 151; 1871, § 257; 1880, § 363; 1892, § 828; 1906, § 893; Hemingway's 1917, § 4060; 1930, § 651; 1942, § 3906; Laws, 1938, ch. 296; Laws, 1986, ch. 459, § 28, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-11 - Arrest and confinement of sheriff

In the event there is outstanding a warrant for the arrest of the sheriff of the county issued by any justice of the peace, mayor, or any police justice in said county whereby the said sheriff has been charged by affidavit duly made before said justice of the peace, mayor, or police justice in said county for any misdemeanor or felony, any constable of the county, or any marshal or police officer of any municipality located in said county, may execute said warrant and arrest the said sheriff. In his failure to make bond in the amount as fixed by the justice of the peace, mayor or police justice where said affidavit was made, the officer making the arrest may confine said sheriff in a county jail adjoining the county of his residence, or in any other county jail in the state, and on the date of trial shall deliver him up to the court for trial. Said officer making the arrest shall be the jailer of said county during the confinement of the said sheriff in jail and/or while his cause on said criminal charge is pending for trial, provided the sheriff was jailer and living in the jail at the time of his arrest.
Codes, Hutchinson's 1848, ch. 29, art 3 (15); 1857, ch. 6 art 151; 1871, § 257; 1880, § 363; 1892, § 828; 1906, § 893; Hemingway's 1917, § 4060; 1930, § 651; 1942, § 3906; Laws, 1938, ch. 296.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-15 - Identification of sheriffs' motor vehicles; use of unmarked vehicles

Motor vehicles purchased or leased by the county for the sheriff's office shall be clearly marked on both sides with the words "SHERIFF'S DEPARTMENT." The use of large auto door decals shall constitute compliance with this section. Each such motor vehicle shall be marked on the sides or trunk top with the name of the county in clear letters of no less than four (4) inches in height. However, in instances where such identifying marks will hinder official investigations, the board of supervisors may authorize the sheriff's department to use a specified number of unmarked vehicles. The approval of the board shall be entered on its minutes and shall contain the manufacturer's serial number and the reason why the vehicle or vehicles should be exempt from provisions of this section. In addition, the manufacturer's serial number of all county-owned sheriff's department vehicles not subject to the exemption shall be included in such resolution or order of approval, and a certified copy thereof shall be furnished the State Department of Audit. Any vehicle found to be in violation of this paragraph shall be reported immediately to the sheriff and the board of supervisors, and fifteen (15) days shall be given for compliance; and if not complied with, such vehicles shall be impounded by the State Auditor until properly marked or exempted.
Codes, 1942, § 4232.5; Laws, 1968 ch. 369, § 8; Laws, 1975, ch. 489, § 1; Laws, 1990, ch. 583, § 1; Laws, 1991, ch. 327, § 1; Laws, 1991, ch. 565, § 1; Laws, 1992, ch. 334 § 1; Laws, 1995, ch. 466, § 1; Laws, 1997, ch. 434, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-17 - Purchase of patrol boats for sheriffs in certain counties

The board of supervisors of any county in which is located, in whole or in part, a federal flood control reservoir, of a federal waterway, is authorized and empowered, in its discretion, to expend out of the general fund of the county a sum not to exceed five thousand dollars ($5,000.00) for the purchase of a power-driven boat and related marine equipment for use by the sheriff in rescue, search, and general patrol and enforcement work, and for no other purpose.
The cost of operation and maintenance of said boat and equipment shall be paid by the board of supervisors out of the general fund, but these payments shall not be considered a part of the Five Thousand Dollar ($5,000.00) limitation stipulated above. The boat and equipment shall remain in the custody of the sheriff.
Codes, 1942, § 4256.5; Laws, 1958, ch. 223.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-19 - Appointment, oath and compensation of deputy sheriffs

Every sheriff shall have power to appoint one or more deputies to assist him in carrying out the duties of his office, every such appointment to be in writing, to remove them at pleasure, and to fix their compensation, subject to the budget for the sheriff's office approved by the county board of supervisors. Such deputies shall have authority to do all the acts and duties enjoined upon their principals. Every deputy sheriff, except such as may be appointed to do a particular act only, before he enters on the duties of office, shall take and subscribe an oath faithfully to execute the office of deputy sheriff, according to the best of his skill and judgment. The appointment, with the certificate of the oath, shall be filed and preserved in the office of the clerk of the board of supervisors. All sheriffs shall be liable for the acts of their deputies, and for money collected by them. The circuit court, after a notice and a hearing, shall have power to remove such deputies and also bailiffs, upon a showing that the public interest will be served thereby. Each deputy sheriff shall be at least twenty-one (21) years of age, a qualified elector of the State of Mississippi, and shall not have been convicted of a felony. Prior to appointing any person a deputy sheriff, the sheriff shall determine that the proposed appointee is of good moral character and is capable of fairly and impartially enforcing the law of the State of Mississippi.
Codes, Hutchinson's 1848, ch. 28, art 3 (6); 1857, ch. 6, art 115; 1871, § 221; 1880, § 326; 1892, § 4112; 1906, § 4664; Hemingway's 1917, § 3081; 1930, § 3310; 1942, §§ 4232.5, 4235; Laws, 1968, ch. 369, §§ 3, 8; Laws, 1988, ch. 463, eff. 10/1/1988.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-23 - Maintenance of regular and auxiliary deputies; assistance to other counties; assistance for drug enforcement purposes

Each sheriff shall maintain and cause to be paid a sufficient number of regular deputies, properly trained and adequately equipped, to insure the domestic tranquility within his county. In addition thereto, each sheriff may maintain an adequate number of properly trained auxiliary deputy sheriffs to be equipped, trained and paid from the general county fund. The number of said auxiliary deputies shall be approved by the board of supervisors and may be increased or reduced from time to time by said board. All regular and auxiliary deputies may serve in any other county of the state when requested by the sheriff of such county to preserve law and order therein, the expense thereof to be paid by the county in which they serve. The request shall be made to the sheriff of the county in which said deputies are located and said deputies shall remain under the control of said sheriff except to the extent delegated by said sheriff to the sheriff of the requesting county. In addition, any sheriff may loan any regular or auxiliary deputy to any law enforcement agency of the state or of any political subdivision of the state for drug enforcement purposes, the expense of the officer to be paid by the agency to which the officer is assigned.
Laws, 1968, ch. 369, § 5; Laws, 1998, ch. 494, § 2, eff. 3/26/1998.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-25 - Remedy of sheriff against defaulting deputy

The sheriff shall have the same remedy and judgment against his deputies and their sureties, for failing to pay money received on executions or other process to the sheriff, or to the party to whom the same is payable, or for any other act or default in office, as the creditor at whose suit such writ issued may have against the sheriff.
Codes, Hutchinson's 1848, ch. 28, art 3 (8); 1857, ch. 6, art 116; 1871, § 222; 1880, § 327; 1892, § 4113; 1906, § 4665; Hemingway's 1917, § 3082; 1930, § 3312, 1942, § 4237.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-27 - Deputy liable on motion of sheriff

When any fine, penalty, or judgment shall be assessed or rendered against a sheriff or his sureties, for or on account of any misconduct of a deputy, the court in which the fine, penalty, or judgment shall be rendered shall, upon motion by the sheriff or his sureties, give judgment against the deputy and his sureties, jointly and severally, for the full amount of all such fines, penalties, or judgments, and shall award execution therefor. The deputy and his sureties shall have five days' notice of such motion.
Codes, Hutchinson's 1848, ch. 28, art 3 (10); 1857, ch. 6, art 118; 1871, § 224; 1880, § 329; 1892, § 4114; 1906, § 4666; Hemingway's 1917, § 3083; 1930, § 3313; 1942, § 4238.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-29 - Duty of deputy as to process he serves

When a deputy sheriff has served any writ whatever, he shall indorse thereon the date of the service and the proper return of his proceedings, and subscribe his own name, as well as that of his principal, thereto, as follows: "____________________, sheriff, by ____________________, deputy sheriff". Any deputy sheriff failing to do so, shall be fined by the court, not exceeding One Hundred Dollars ($100.00), on motion, and on five days' notice to the deputy.
Codes, Hutchinson's 1848, ch. 28, art 3 (9); 1857, ch. 6, art 117; 1871, § 223; 1880, § 328; 1892, § 4115; 1906, § 4667; Hemingway's 1917, § 3084; 1930, § 3314; 1942, § 4239.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-31 - Riding bailiffs

Each judge of a circuit, chancery or county court, or a court of eminent domain may, in the judge's discretion, by order entered on the minutes of the court, allow the sheriff riding bailiffs to serve in the respective court of such judge, not to exceed four (4) bailiffs. Any such person so employed shall be paid by the county on allowances of the court on issuance of a warrant therefor in an amount between Fifty-five Dollars ($55.00) and One Hundred Dollars ($100.00) for each day, or part thereof, for which he or she serves as bailiff when the court is in session. No full-time deputy sheriff shall be paid as a riding bailiff of any court. County court judges shall be limited to one (1) bailiff per each court day.
Codes, 1930, § 3311; 1942, § 4236; Laws, 1926, ch. 198; Laws, 1958, ch. 329; Laws, 1977, ch. 357; Laws, 1989, ch. 487, § 1; Laws, 2004, ch. 505, § 7, eff. 8/19/2004 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
Amended by Laws, 2022, ch. 392, HB 400,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-33 - Dispensing with appointment of bailiffs

In all civil cases, where there is a jury, and in criminal case capital, the judge of the county court or circuit court, as the case may be, may, in his discretion, dispense with the appointment of bailiffs.
Codes, 1942, § 4240.5; Laws, 1966, ch. 388, eff. 2/17/1966.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-35 - Duty of sheriff to attend courts, jail committed persons, and to execute orders and decrees

The sheriff shall be the executive officer of the circuit and chancery court of his county, and he shall attend all the sessions thereof with a sufficient number of deputies or bailiffs. He shall execute all orders and decrees of said courts directed to him to be executed. He shall take into his custody, and safely keep, in the jail of his county, all persons committed by order of either of said courts, or by any process issuing therefrom, or lawfully required to be held for appearance before either of them.
Codes, Hutchinson's 1848, ch. 28, art 3 (13); 1857, ch. 6, art 129; 1871, § 235; 1880, § 2278; 1892, § 4116; 1906, § 4668; Hemingway's 1917, § 3085; 1930, § 3315; 1942, § 4240.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-37 - Duty of sheriff to execute and return process

Every sheriff, by himself or his deputy, shall from time to time execute all notices, writs, and other process, both from courts of law and chancery, and all orders and decrees to him legally issued and directed within his county, and he shall make due returns thereof to the proper court. If any sheriff fail herein, he shall, for every offense, be fined by the court to which the writ or process, order or decree, is returnable, in any sum not exceeding One Hundred Dollars ($100.00), on motion, five days' previous notice thereof being first given to said sheriff. The sheriff may be arrested and committed to jail until payment of the fine and cost. The sheriff and his sureties shall likewise be liable to the action of the party aggrieved by such default, for all damages sustained thereby, and also liable to all other penalties provided by law for such offenses.
Codes, Hutchinson's 1848, ch. 28, art 3 (7); 1857, ch. 6, art 119; 1871, § 225; 1880, §§ 330, 1828; 1892, § 4117; 1906, § 4669; Hemingway's 1917, § 3086; 1930, § 3316; 1942, § 4241.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-39 - Sheriff may employ power of the county in executing process

If the sheriff finds that resistance will be made against the execution of any process, he shall forthwith go in his proper person, taking the power of the county if necessary, and execute the same. He shall certify to the court the names of the persons making resistance, their aiders, assistants, favorers, and procurers.
Codes, Hutchinson's 1848, ch. 28, art 3 (14); 1857, ch. 6, art 130; 1871, § 236; 1880, § 341; 1892, § 4131; 1906, § 4683; Hemingway's 1917, § 3100; 1930, § 3330; 1942, § 4255.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-41 - Liability of sheriff for failure to return execution

If any sheriff or other officer properly authorized to act for him, shall fail to return any execution to him directed, on the return day thereof, the plaintiff in execution shall be entitled to recover judgment against the sheriff or other officer, and his sureties, for the amount of the execution and all costs, with lawful interest thereon until the same shall be paid, and with five percent (5%) on the full amount of the judgment as damages, to be recovered by motion before the court to which the execution is returnable, on five days' notice first being given thereof. However, after the sheriff or other officer, or the sureties, shall have paid the amount of money and damages recovered, then the original judgment and execution shall be vested in the officer or his sureties paying the recovery and damages, for his or their benefit, and execution may issue on the original judgment, in the name of the plaintiff, for the use and benefit and at the cost and charges of the officer or his sureties in whom the judgment may be so vested. Nothing herein contained shall affect any other remedy against officers for failing to return executions, and the remedy given by this section shall apply in favor of county treasuries, clerks, and other officers and witnesses, for the recovery of all jury taxes, fees, and costs, with interest and damages thereon, in the same manner as to plaintiffs in execution. In any proceeding against a sheriff or other officer for failing to return any process, proof that the process was put in the post office, duly addressed to him, and that the postage was paid thereon, shall be prima facie evidence of the receipt thereof by the officer.
Codes, Hutchinson's 1848, ch. 28, art 7 (6); 1857, ch. 6, art 121; 1871, § 227; 1880, § 331; 1892, § 4118; 1906, § 4670; Hemingway's 1917, § 3087; 1930, § 3317; 1942, § 4242.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-43 - Liability of sheriff as to final process of chancery court

A sheriff or other officer properly authorized to act for him shall not return an execution or attachment for not performing a decree in chancery to the office whence it issued without noting thereon how he has executed the same, unless by the express direction, in writing, of the plaintiff, his agent or attorney. If a sheriff or other officer, not having such directions, shall return such execution or attachment without noting thereon how he has executed the same, he and his sureties shall be subject to all the liabilities, fines, and penalties imposed on a sheriff for failing to return an execution, recoverable in the same manner. When any execution shall be settled, or the money due thereon received, wholly or in part, by an officer, he shall make a statement of the amount thereof on the execution, including his own fees and commissions, and return the same with the execution.
Codes, 1857, ch. 6, art 122; 1871, § 228; 1880, § 332; 1892, § 4119; 1906, § 4671; Hemingway's 1917, § 3088; 1930, § 3318; 1942, § 4243.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-45 - Liability of sheriff for failure to pay over money collected and similar omissions

If any sheriff or other officer properly authorized to act for him, shall collect, by virtue of an execution or attachment, the whole or a part of the money which, by the writ, he is required to levy, and shall not immediately pay the same to the party entitled thereto, or his attorney, on demand made; or if any sheriff or other officer properly authorized to act for him, shall voluntarily, and without authority, omit to execute such process, or to levy the money therein mentioned, or do or omit anything which would entitle the plaintiff to recover from the sheriff or other officer by any action the debt, damages, or costs in the execution mentioned; then, in either of said cases, the sheriff or other officer and his sureties shall be liable to pay to the plaintiff in the execution or attachment, or to any person entitled to the money, or a part thereof, the full amount of the money due upon the execution or attachment, with twenty-five percent (25%) damages, and lawful interest until paid, to be recovered with costs by motion before the court to which the execution is returnable, on five days' notice of the motion to the sheriff or other officer and his sureties. In case the sheriff or other officer have received only a part of the money due by the execution or attachment, and be not otherwise liable for the whole amount thereof, the recovery shall be limited to the amount received, with damages and interest. The court, at the request of either party, in case any matters of fact shall be in issue between them, shall cause a jury to be impaneled to try the same, and if the verdict be against the sheriff or other officer, judgment shall be entered up, with damages and costs, as above directed.
Codes, Hutchinson's 1848, ch. 28, art 7 (1); 1857, ch. 6, art 123; 1871, § 229; 1880, § 333; 1892, § 4120; 1906, § 4672; Hemingway's 1917, § 3089; 1930, § 3319; 1942, § 4244.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-47 - Liability of sheriff for false return on any process

If a sheriff or other officer properly authorized to act for him, make a false return on any process whatever, he shall, for every such offense, be liable to pay the sum of Five Hundred Dollars ($500.00) to the plaintiff named in the process, such sum being recoverable against the officer and his sureties, or the officer alone, by motion before the court to which the process is returnable, after five days' notice of such motion to the officer and his sureties. If the returns alleged to be false do not appear on the face of the record to be so, the court shall, at the request of either party, impanel a jury to ascertain whether the return be false or not, on an issue joined under the direction of the court. If the jury find that the return is false, judgment shall be entered for the said sum against the officer and his sureties, with costs.
Codes, Hutchinson's 1848, ch. 28, art 7 (4); 1857, ch. 6, art 120; 1871, § 226; 1880, § 334; 1892, § 4121; 1906, § 4673; Hemingway's 1917, § 3090; 1930, § 3320; 1942, § 4245.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-49 - Liability of sheriff for not returning money advanced for executing process in case of its non-execution

If any sheriff fails to execute any process for the execution of which his fees have been paid in advance, and does not return with the writ the money so advanced, he shall be liable on his bond, if the process issued from the circuit or chancery court, for Three Hundred Dollars ($300.00), and if from a court of a justice of the peace, for Two Hundred Dollars ($200.00), which sum may be recovered on the motion of the party at whose instance the process issued, in the court from which it issued, on five days' notice to the officer and his sureties.
Codes, 1892, § 4122; 1906, § 4674; Hemingway's 1917, § 3091; 1930, § 3321; 1942, § 4246.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-51 - Liability of sheriff for failing to pay excess money to defendants

When the amount of the sale of property under execution or attachment shall exceed the debt, damages, interest, and costs for which the execution issued, the sheriff or other officer properly authorized to act for him shall pay the surplus to the debtor or other person entitled to receive the same. If the sheriff or other officer fails or refuses to pay such surplus when required, to the person entitled thereto, he and his sureties shall be liable to the like penalty and judgment in favor of the person entitled to the surplus, as is authorized by law in favor of the plaintiff, against the sheriff and his sureties for not paying over money levied on an execution.
Codes, 1857, ch. 6, art 124; 1871, § 230; 1880, § 335; 1892, § 4123; 1906, § 4675; Hemingway's 1917, § 3092; 1930, § 3322; 1942, § 4247.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-53 - Unexecuted writs and list of prisoners to be delivered to successor sheriff

Every sheriff, at the expiration of his term of office, or on resigning, or otherwise vacating the office, shall deliver all writs in his possession unexecuted to his successor, who shall give a receipt for the same, and shall execute and return them. The sheriff shall also deliver to his successor a certified list of the names of all persons confined in the jail, and the cause of their commitment, and a copy of said list shall be filed in the office of the clerk of the circuit court by the sheriff receiving the same.
Codes, Hutchinson's 1848, ch. 28, art 3 (12); 1857, ch. 6, art 125; 1871, § 231; 1880, § 336; 1892, § 4124; 1906, § 4676; Hemingway's 1917, § 3093; 1930, § 3323; 1942, § 4248.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 25 - SHERIFFS (§§ 19-25-1 — 19-25-87) › Section 19-25-55 - Mittimus and discharge warrants preserved and turned over to successor sheriff

All warrants, writs, orders, process, and precepts of any kind, or the attested copies thereof, by which any prisoner may be committed to or enlarged from any jail, shall be filed in their order of time, and kept by the sheriff. Upon the death, removal, resignation, or expiration of office of a sheriff, all of such warrants, writs, orders, process, or precepts, or the attested copies thereof, shall be delivered to his successor in office, on demand by him made, under the penalty of Three Hundred Dollars ($300.00), to be recovered of the sheriff going out of office, and his sureties, by motion before the circuit court of the county, after five days' notice thereof.
Codes, Hutchinson's 1848, ch. 28, art 3 (19); 1857, ch. 6, art 128; 1871, § 234; 1880, § 337; 1892, § 4125; 1906, § 4677; Hemingway's 1917, § 3094; 1930, § 3324; 1942, § 4249.