reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-109 - Issuance of process by supreme court and its return

The Clerk of the Supreme Court shall issue all process which may be ordered to issue by the court or any judge thereof. All process issuing from said court or on the order of any judge thereof, or which may be returnable therein, shall be under the seal of the court, and be signed by the clerk thereof, and may be directed to the sheriff or other proper officer of any county, who shall execute and return the same according to the command thereof. Whenever any such process shall not be executed or not returned, an alias may be issued by the clerk on the application of the person who sued out the former process.
Codes, 1857, ch. 63, art. 28; 1871, § 430; 1880, § 1448; 1892, § 3458; 1906, § 3957; Hemingway's 1917, § 2964; 1930, § 3010; 1942, § 1898; Laws, 1991, ch. 573, § 101, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-111 - Time when executions shall be issued

The clerks of all courts of law or equity, after the adjournment of the court for the term shall, at the request and cost of the owner of the judgment or decree or his attorney, issue executions on all judgments and decrees rendered therein, and place the same in the hands of the sheriff of the county. The sheriff shall effectuate any execution on a judgment. If requested by such owner, they shall issue executions directed to the sheriff of any other county, and shall deliver the same to the owner or his attorney.
Codes, Hutchinson's 1848, ch. 59, art. 9 (4); 1857, ch. 61, art. 265; 1871, § 837; 1880, § 1742; 1892, § 3459; 1906, § 3958; Hemingway's 1917, § 2965; 1930, § 3011; 1942, § 1899; Laws, 1976, ch. 331; Laws, 1990, ch. 408, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-113 - Issuance, execution, and return of executions

Writs of execution shall bear date and be issued in the same manner as original process, and shall be made returnable on the first day of the next term of the court in which the judgment or decree was rendered, if there be fifteen days between the issuance and return thereof, and, if not, on the first day of the term next thereafter. Such execution may be directed to the sheriff or other proper officer of any county, who shall serve and execute the same, and make return thereof to the court in which the judgment or decree was rendered.
Codes, Hutchinson's 1848, ch. 62, art. 1 (7); 1857, ch. 61, art. 267; 1871, § 839; 1880, § 1743; 1892, § 3460; 1906, § 3959; Hemingway's 1917, § 2966; 1930, § 3012; 1942, § 1900.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-115 - Issuance of subsequent execution

If a first writ of execution shall not have been returned and shall not have been executed, the clerk may issue another execution at the cost of any party in whose favor the execution was issued, if such party shall desire to take out another execution.
Codes, Hutchinson's 1848, ch. 62, art. 1 (3); 1857, ch. 61, art. 269; 1871, § 840; 1880, § 1774; 1892, § 3461; 1906, § 3960; Hemingway's 1917, § 2967; 1930, § 3013; 1942, § 1901.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-117 - Issuance of execution against several defendants

When one judgment has been recovered against several defendants, execution shall issue thereon against all the defendants, and not otherwise.
Codes, Hutchinson's 1848, ch. 62, art. 1(3); 1857, ch. 61, art. 269; 1871, § 840; 1880, § 1774; 1892, § 3461; 1906, § 3960; Hemingway's 1917, § 2967; 1930, § 3013; 1942, § 1901.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-119 - Effect of death of one or more of several defendants before issuance of execution

If one or more of several defendants have died before the issuance of a writ of execution, and a revivor shall not have been had, the fact of the death shall be noted on the writ, and the property of the survivors only shall be liable to the execution in such case.
Codes, Hutchinson's 1848, ch. 62, art. 1 (3); 1857, ch. 61, art. 269; 1871, § 840; 1880, § 1774; 1892, § 3461; 1906, § 3960; Hemingway's 1917, § 2967; 1930, § 3013; 1942, § 1901.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-121 - Execution for costs of Supreme Court

In cases decided in the Supreme Court, or dismissed or otherwise disposed of, the clerk of the court may issue executions for costs accrued in the Supreme Court, in excess of the filing fee, in the same manner that the clerks of the circuit courts are authorized to issue executions against any party liable therefor. Such executions may be directed to the sheriff of any county, and shall be returned in the same manner and under like penalties as in case of executions returnable to the circuit court.
Codes, 1857, ch. 63, art. 31; 1871, § 433; 1880, § 1449; 1892, § 3462; 1906, § 3961; Hemingway's 1917, § 2968; 1930, § 3014; 1942, § 1902; Laws, 1978, ch. 335, § 34, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-123 - Levy of writs of execution and attachments-on land

In case of a levy of an attachment on real estate in the occupancy of any person, the officer shall go to the house or upon the land of the defendant, and there declare that he attaches the same at the suit of the plaintiff, but if the land be unoccupied, or if the process be an execution, he may attach or levy upon the same by returning that he has attached or levied upon the land, describing it by numbers or otherwise properly, and, if the process be an attachment, stating that the land is unoccupied; and in all cases the return of the officer shall be conclusive of the facts stated therein, except on timely motion to quash.
Codes, 1892, § 3464; 1906, § 3963; Hemingway's 1917, § 2970; 1930, § 3016; 1942, § 1904.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-125 - Levy of writs of execution and attachments - on personalty

If the levy be upon personal property the officer shall take the same into his possession and dispose of it according to law.
Codes, 1892, § 3465; 1906, § 3964; Hemingway's 1917, § 2971; 1930, § 3017; 1942, § 1905.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-127 - Levy of writs of execution and attachments - on choses in action

In case an attachment be levied on rights, credits, and choses in action, the officer shall take into his possession the books of accounts and other evidences of debt belonging to the defendant, and if the plaintiff so direct, he shall summon all persons appearing to be indebted to the defendant, or to have effects of his in their hands, as garnishees, in the manner prescribed by law.
Codes, 1892, § 3466; 1906, § 3965; Hemingway's 1917, § 2972; 1930, § 3018; 1942, § 1906.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-129 - Levy of writs of execution and attachments - on corporate stock and the like

In case of the levy of an execution or attachment on the stock, shares, or interest of the defendant in any corporation or joint stock company, the officer shall go to the office or principal place of business of the corporation or company, and there declare that he attaches or levies upon the stock, shares, or interest of the defendant therein at the suit of the plaintiff. The officer shall demand of any officer, agent, or clerk of such corporation or company there present, and who is not the defendant, a statement in writing, under oath, of the amount of the defendant's stock, the number of his shares, or extent of his interest in such corporation or company, and shall leave with the officer, agent, or clerk, a copy of the writ. If no such officer, agent, or clerk be present, the officer shall post conspicuously at such office or place of business a copy of the writ, with a statement therewith that he has attached or levied upon the stock, shares, or interest of the defendant at the suit of the plaintiff, and that he demands of the corporation or company the statement, under oath, of the defendant's stock, share, or interest therein. The stock, shares, and interest of the defendant in the corporation or company, including all dividends that may accrue after such levy, shall be bound by the lien of the execution or attachment. The corporation or company shall, within a reasonable time, not longer than ten days after the levy, deliver to the officer a statement in writing, under oath, of the particulars demanded by the officer, and of the value of the defendant's stock, shares, or interest, and in case the corporation or company shall neglect or refuse to do so, or shall wilfully make any false statement thereof, such corporation or company shall be liable to the plaintiff for the full amount of the judgment or decree, or of such judgment as the plaintiff shall recover if the process be an attachment. The failure of the corporation or company to make such statement shall not affect the right of the officer to sell the stock, shares, or interest of the defendant.
Codes, 1892, § 3467; 1906, § 3966; Hemingway's 1917, § 2973; 1930, § 3019; 1942, § 1907.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-131 - Levy of writs of execution and attachments - on interest of partners or co-owners

When a defendant in execution shall own or be entitled to an undivided interest in any property not exclusively in his own possession, such interest may be levied on and sold by the sheriff without taking the property into actual possession, and such sale shall vest in the purchaser all the interest of the defendant in such property.
Codes, 1892, § 3468; 1906, § 3967; Hemingway's 1917, § 2974; 1930, § 3020; 1942, § 1908.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-133 - Money, banknotes, judgments and the like may be levied on; endorsement and negotiation of seized instruments; proceeds to be applied against judgment debtor's obligations

(1)
Money, banknotes, bills, evidences of debt circulating as money, and any judgment or decree belonging to the defendant, may be taken under an execution or attachment and sold or disposed of according to law, or applied to the payment of the execution or in satisfaction of the judgment in attachment.
(2)
The officer serving a writ may endorse all warrants, checks or drafts seized under execution or attachment. The officer serving the writ shall endorse on the warrant, check or draft the day and date it was received, shall take into possession, as they shall become due to the judgment debtor, monies, checks, drafts, warrants, vouchers or other evidences of indebtedness, and shall issue a receipt to the paying, disbursing or auditing officer therefor, and shall endorse, in the name of the judgment debtor, any and all checks, drafts, warrants, vouchers or other evidences of indebtedness delivered under the writ. The seized instruments may be negotiated and the proceeds thereof, or so much thereof as necessary, shall be applied to the payment of the execution or in satisfaction of the judgment in attachment in order of priority.
Codes, 1857, ch. 61, art. 285; 1871, § 849; 1880, § 1765; 1892, § 3470; 1906, § 3968; Hemingway's 1917, § 2975; 1930, § 3021; 1942, § 1909; Laws, 2008, ch. 324, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-135 - Purchaser's title to certain interests of defendant sold under execution or attachment

The purchaser of any chose in action, stock, share, interest, judgment, or decree of the defendant, sold under execution or attachment, shall become the owner thereof, in the same manner as if it had been regularly assigned to him by the defendant.
Codes, 1857, ch. 61, art. 285; 1880, § 1765; 1892, § 3471; 1906, § 3969; Hemingway's 1917, § 2976; 1930, § 3022; 1942, § 1910.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-137 - Growing crop shall not be levied upon

An execution shall nor be levied upon a growing crop, nor shall the same be seized under an attachment.
Codes, 1880, § 1764; 1892, § 3472; 1906, § 3970; Hemingway's 1917, § 2977; 1930, § 3023; 1942, § 1911.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-139 - Lien of executions, and priority thereof

Writs of executions, where there is no judgment lien, shall bind the property of defendant only from the time of the levy thereof. If two or more writs shall be delivered to the officer for execution against the same person, that which was first delivered shall be the first levied and satisfied. It shall be the duty of the sheriff or other officer, on receipt of an execution, to indorse thereon the day of the month and the year and the hour when he received the same. For a failure to make such indorsement, the sheriff or other officer shall be liable to a penalty of One Hundred Dollars ($100.00), to the use of the plaintiff, recoverable by motion before the court from which the execution issued, and the sheriff or other officer shall, moreover, be liable for all damages sustained by any party aggrieved.
Codes, Hutchinson's 1848, ch. 62, art. 1 (8); 1857, ch. 61, art. 270; 1871, § 841; 1892, § 3473; 1906, § 3971; Hemingway's 1917, § 2978; 1930, § 3024; 1942, § 1912.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-141 - Officer to care for property and allowed expenses

When a sheriff or other officer shall levy an execution on livestock, he shall provide for its sustenance until sold or otherwise legally discharged from the execution. Upon the return of the execution, the court, in cases where the compensation is not fixed by law, shall settle and adjust what the officer shall be allowed for his expenses incurred by providing for the stock, and also reasonable expenses of keeping personal property levied on by him, and the same shall be taxed as costs. The officer may retain the same out of the money arising from the sale of the property.
Codes, 1857, ch. 61, art. 274; 1871, § 843; 1880, § 1746; 1892, § 3474; 1906, § 3972; Hemingway's 1917, § 2979; 1930, § 3025; 1942, § 1913.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-143 - Manner by which personal representative or successor thereof of plaintiff may have execution

When the executor or administrator of a plaintiff who dies before satisfaction of his judgment shall file with the clerk a copy of his letters testamentary or of administration, duly certified, execution may be issued on the judgment as if such death had not occurred, and the clerk shall indorse on the execution the fact of the death of the plaintiff, and that the execution is at the instance of his executor or administrator, stating the name of the executor or administrator. When an administrator, guardian, trustee, or other person acting in a fiduciary or official capacity, who recovered a judgment, shall die, resign, or be removed without having obtained satisfaction thereof, his successor may have execution of the judgment in the same manner, without revival of the judgment by scire facias.
Codes, 1880, § 1747; 1892, § 3475; 1906, § 3973; Hemingway's 1917, § 2980; 1930, § 3026; 1942, § 1914.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-145 - Effect of death of one or more of several plaintiffs before issuance of execution

The death of one or more of several plaintiffs in a judgment shall not prevent the issuance of execution in favor of the survivors.
Codes, 1880, § 1748; 1892, § 3476; 1906, § 3974; Hemingway's 1917, § 2981; 1930, § 3027; 1942, § 1915.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-147 - Assignee of a judgment may have execution

The assignee of a judgment, where the plaintiff has died, may have execution thereof for his use as if such death had not occurred, upon filing with the clerk his affidavit of the death of the plaintiff and the assignment, and, where the plaintiff has not died, the assignee of a judgment may have an execution for his use in the same manner.
Codes, 1880, § 1749; 1892, § 3477; 1906, § 3975; Hemingway's 1917, § 2982; 1930, § 3028; 1942, § 1916.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-149 - Effect of death of party after execution issued

The death of any plaintiff or defendant after the issuance or the levy of an execution on personal or real estate, shall not affect the duty of the officer making the levy to proceed and sell as if such death had not occurred.
Codes, 1880, § 1750; 1892, § 3478; 1906, § 3976; Hemingway's 1917, § 2983; 1930, § 3029; 1942, § 1917.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-151 - Execution issued against dead defendant

After one year from the death of any defendant in a judgment for money, execution thereof may be had by leave of the court rendering the judgment, or of the judge thereof in vacation, upon cause shown, against any property on which such judgment was a lien at the time of the death of the defendant, and a sale of such property may be made in the same manner and with the same effect as if the defendant were living. In case of the death of the defendant in a judgment for the recovery of real or personal property, execution may be had without revival, in the same manner as if the defendant had not died.
Codes, 1880, § 1751; 1892, § 3479; 1906, § 3977; Hemingway's 1917, § 2984; 1930, § 3030; 1942, § 1918.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-153 - Motion to revive judgment

Those provisions of the Mississippi Code of 1972 relating to the execution of judgments without revival shall not prevent a revival in any case by a motion to revive judgment.
Codes, 1880, § 1752; 1892, § 3480; 1906, § 3978; Hemingway's 1917, § 2985; 1930, § 3031; 1942, § 1919; Laws, 1991, ch. 573, § 102, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-155 - Execution and garnishment on certain judgments and decrees of other courts may be issued by clerk

The clerk of the circuit court in whose office any judgment or decree shall be enrolled, may issue execution and writs of garnishment thereon, directed to the sheriff of his county, returnable before the court which rendered the judgment or decree.
Codes, 1880, § 1738; 1892, § 3481; 1906, § 3979; Hemingway's 1917, § 2986; 1930, § 3032; 1942, § 1920; Laws, 1890, p. 66; Laws, 1990, ch. 408, § 2, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-157 - When a bond of indemnity shall be required

If the sheriff shall levy an execution, attachment, or writ of seizure for the purchase-money on any personal property, and a doubt shall arise whether the right to the property be in the defendant or not, the sheriff may demand of the plaintiff a bond with sufficient sureties, payable to the officer, in a penalty equal to double the value of the property, conditioned that the obligors therein will indemnify and save harmless the officer against all damages which he may sustain in consequence of the seizure or sale of the property, and will pay to and satisfy any person claiming title to the property all damages which such person may sustain in consequence of the seizure or sale. If such bond be not given on or before the day of the sale or the return day of the attachment, the sheriff shall be justified in releasing the levy and delivering the property to the party from whose possession it was taken; but the plaintiff or his agent or attorney shall have reasonable notice, in writing, before the day of sale or return day of the writ, that the bond is required.
However, in instances where a warrant is issued by the Chairman of the State Tax Commission, as the commissioner, under the authority of any statute by which such commissioner is authorized to issue such warrants, and where the officer to whom such warrant is directed shall demand of the commissioner an indemnifying bond under the circumstances and conditions hereinbefore provided, the commissioner is hereby authorized to execute such indemnifying bond demanded and pay all obligations which may accrue by reason of the execution of such bond out of the funds appropriated by the Legislature to defray the expenses of the State Tax Commission.
Codes, Hutchinson's 1848, ch. 62, art. 1 (12); 1857, ch. 61, art. 275; 1871, § 844; 1880, § 1754; 1892, § 3482; 1906, § 3980; Hemingway's 1917, § 2987; 1930, § 3033; 1942, § 1921; Laws, 1952, ch. 404; Laws, 1956, ch. 409; Laws, 1990, ch. 408, § 3, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-159 - Remedy on bond of indemnity

If the bond and security required under Section
13-3-157
be given, it shall be returned with the writ, and the person claiming the property levied on may prosecute a suit upon the bond, with the name of the payee or his representatives, for the use of the claimant, and recover such damages as he may sustain by the seizure or sale of the property or levy of process; and the claimant shall, after the due execution of the bond, be barred of any action against the officer levying the process, unless the obligors in the bond shall be or become insolvent, or the bond be otherwise invalid.
Codes, Hutchinson's 1848, ch. 62, art. 1 (12); 1857, ch. 61, art. 276; 1871, § 845; 1880, § 1755; 1892, § 3483; 1906, § 3981; Hemingway's 1917, § 2988; 1930, § 3034; 1942, § 1922.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-161 - Where sales under execution or other process are to be made

All sales by any sheriff by virtue of an execution or other process, when not issued by a justice court, shall be made at the courthouse of the county. The sheriff shall effectuate any execution on a judgment. However, personal property too cumbersome to be removed, may be sold at the place where the same may be, or at any convenient place. Cattle, sheep, or stock, other than horses and mules, may be sold at any public place in the neighborhood of the defendant's residence.
Sales of personal property under execution or other process from a justice court may be made at any convenient point in the county where it is found, or at the courthouse of the county. The sheriff shall effectuate any execution on a judgment. The sale of lands under executions or other process from such courts shall be made as under execution from the circuit courts.
Codes, Hutchinson's 1848, ch. 62, art. 1 (21); 1857, ch. 61, art. 277; 1871, §§ 846, 1345; 1880, §§ 1757, 2208; 1892, §§ 3484, 3485; 1906, §§ 3982, 3983; Hemingway's 1917, §§ 2989, 2990; 1930, §§ 3035, 3036; 1942, §§ 1923, 1924; Laws, 1981, ch. 471, § 42; Laws, 1982, ch. 423, § 28; Laws, 1990, ch. 408, § 4; brought forward without change, Laws, 2011, ch. 418, § 5, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-163 - When sales of land may be made; advertising of sale

(1)
Sales of land may be made on any day except Sunday and any legal holiday as defined by Section
3-3-7
, Mississippi Code of 1972, and shall be advertised by the plaintiff in a newspaper published in the county, once in each week for three (3) successive weeks, or, if no newspaper is so published, in some newspaper having a general circulation therein once in each week for three (3) successive weeks.
(2)
In addition to effectuating the advertisement, any expense or cost incurred by advertising and providing notice for the sale of land pursuant to subsection (1) of this section in justice court shall be paid by the plaintiff, and said expenses shall be taxed as costs.
Codes, Hutchinson's 1848, ch. 62, art. 1 (21); 1857, ch. 61, art. 277; 1871, § 846; 1880, § 1759; 1892, § 3486; 1906, § 3984; Hemingway's 1917, § 2991; 1930, § 3037; 1942, § 1925; Laws, 1960, ch. 239; Laws, 1978, ch. 398, § 1; Laws, 1989, ch. 405, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-165 - When sales of personalty may be made; advertising of sale

(1)
Sales of personalty may be made on any day except Sunday and any legal holiday as defined by Section
3-3-7
, Mississippi Code of 1972, and shall be advertised by the plaintiff ten (10) days before the day of sale by posting notices of the time, terms and place of sale in three (3) public places in the county, one (1) of which shall be at the courthouse.
(2)
In addition to effectuating the advertisement, any expense or cost incurred by advertising and providing notice for the sale of personalty pursuant to subsection (1) of this section in justice court shall be paid by the plaintiff, and said expenses shall be taxed as costs.
Codes, Hutchinson's 1848, ch. 62, art. 1 (21); 1857, ch. 61, art. 277; 1871, § 846; 1880, § 1759; 1892, § 3487; 1906, § 3984; Hemingway's 1917, § 2992; 1930, § 3038; 1942, § 1926; Laws, 1978, ch. 398, § 2; Laws, 1989, ch. 405, § 2; brought forward without change, Laws, 2011, ch. 418, § 6, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-167 - Sale of perishable goods

When goods and chattels are levied on, which by their nature are perishable and in danger of immediate waste or decay, the officer levying shall sell them at such time, and on such notice, and at such place as a sound discretion may warrant.
Codes, 1871, §§ 1466-1469; 1880, § 1758; 1892, § 3488; 1906, § 3986; Hemingway's 1917, § 2993; 1930, § 3039; 1942, § 1927; brought forward without change, Laws, 2011, ch. 418, § 7, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-169 - Hours and mode of sale

(1)
Except as otherwise provided in this section, sales under execution shall not commence sooner than eleven o'clock in the forenoon, nor continue later than four o'clock in the afternoon. All such sales shall be by auction, to the highest bidder for cash, and only so much of the property levied on shall be sold as will satisfy the execution and costs.
(2)
Sales under execution conducted by a special agent of the State Tax Commission pursuant to a warrant, jeopardy warrant or alias warrant issued by the Chairman of the State Tax Commission, shall commence and be conducted at the times specified by the Chairman of the State Tax Commission or his duly authorized agent. All such sales shall be by auction to the highest bidder for cash or for cash equivalent deemed acceptable by the Chairman of the State Tax Commission. Only so much of the property levied on shall be sold as will satisfy the execution and costs.
Codes, Hutchinson's 1848, ch. 62, art. 1 (21); 1857, ch. 61, art. 277; 1871, § 846; 1880, § 1759; 1892, § 3489; 1906, § 3987; Hemingway's 1917, § 2994; 1930, § 3040; 1942, § 1928; Laws, 2005, ch. 382, § 1; brought forward without change, Laws, 2011, ch. 418, § 8, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-171 - Lands to be sold to be offered in subdivisions and as an entirety

All lands comprising a single tract, sold under execution, shall be first offered in subdivisions not exceeding one hundred and sixty (160) acres, or one-quarter section, and then offered as an entirety, and the price bid for the latter shall control only when it shall exceed the aggregate of the bids for the same in subdivisions.
Codes, 1892, § 3491; 1906, § 3989; Hemingway's 1917, § 2996; 1930, § 3042; 1942, § 1930; brought forward without change, Laws, 2011, ch. 418, § 9, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-173 - Sale may be adjourned or continued from day to day

Whenever, from a defect of bidders, caused by inclement weather or otherwise, the property shall not be likely to command a reasonable price, the officer may adjourn the sale and readvertise the same for a subsequent day. Whenever a sale advertised for a particular day shall not be completed on that day, the same may be continued from day to day.
Codes, Hutchinson's 1848, ch. 62, art. 1 (21); 1857, ch. 61, art. 278; 1871, § 847; 1880, § 1760; 1892, § 3490; 1906, § 3988; Hemingway's 1917, § 2995; 1930, § 3041; 1942, § 1929; brought forward without change, Laws, 2011, ch. 418, § 10, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-175 - Venditioni exponas

If any property taken in execution shall remain in the hands of the officer unsold, he shall so return on the execution, and thereupon a writ of venditioni exponas shall issue, directed to the officer, upon which the like proceedings shall be had as might and ought to have been had on the first execution. And if property sold on a venditioni exponas shall not bring enough to satisfy the judgment, the officer shall forthwith return the same, and thereupon another proper execution for the balance remaining unpaid may be issued.
Codes, Hutchinson's 1848, ch. 62, art. 1 (18); 1857, ch. 61, art. 279; 1871, § 848; 1880, § 1761; 1892, § 3492; 1906, § 3990; Hemingway's 1917, § 2997; 1930, § 3043; 1942, § 1931.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-177 - Venditioni exponas to issue when officer taking property dies

When the officer taking property under execution shall die before the sale thereof, a writ of venditioni exponas shall issue, directed to the proper officer of the county in which the property was taken, and such officer shall, under the writ of venditioni exponas, receive the property from the representatives of the former sheriff, or other officer, who are required to deliver the same to the officer having the venditioni exponas, on his producing the same and executing a receipt for the property, and the officer shall proceed to sell the same as in other cases.
Codes, Hutchinson's 1848, ch. 62, art. 1 (52); 1847, ch. 61, art. 292; 1871, § 856; 1880, § 1771; 1892, § 3493; 1906, § 3991; Hemingway's 1917, § 2998; 1930, § 3044; 1942, § 1932.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-179 - Procedure to be followed where property is not delivered by representatives of deceased officer taking property

If the representatives of the deceased officer shall refuse or neglect to deliver the property on demand, or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer wherever it may be found, and sell the same as in other cases, or the plaintiff may move in the court from which the execution issued against the representatives of the deceased officer and his sureties, and thereupon a judgment shall be entered against the representatives of the deceased officer and his sureties for the amount of the execution which came to the hands of such deceased officer, with interest and costs.
Codes, Hutchinson's 1848, ch. 62, art. 1 (52); 1857, ch. 61, art. 293; 1871, § 857; 1880, § 1772; 1892, § 3494; 1906, § 3992; Hemingway's 1917, § 2999; 1930, § 3045; 1942, § 1933.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-181 - Duty of officer to examine judgment-roll; priority of liens

After the sale of any property by the sheriff or other officer on execution, before the money is paid over by him, he shall examine the judgment-roll to ascertain if there by any elder judgment or judgments, decree or decrees, enrolled against the defendant or defendants in execution, having a priority of lien. If there be, he shall apply the proceeds of the sale to the judgment or decree having the priority of lien, and return such application upon the execution. Should there by any dispute as to which judgment or decree has the priority of lien, the officer shall make a statement of the fact of the dispute, and return the same, with the execution and the money raised thereon, into the court to which the same is returnable, and the court shall, on motion and examination of the facts, determine to whom the money so raised on execution shall be paid.
Codes, 1880, § 1762; 1892, § 3495; 1906, § 3993; Hemingway's 1917, § 3000; 1930, § 3046; 1942, § 1934.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-183 - Officer to restore money on injunction of execution

When an officer shall receive under execution the whole or any part of the money for which the same was issued, and the defendant, before payment thereof to the plaintiff, obtain an injunction against the execution, the officer shall pay over to the defendant the money received, or such part thereof as may be enjoined. If an officer shall, when required, fail to pay over the money so received and enjoined to the person having a right to demand the same, such officer and his sureties shall be liable to the same remedies as are given by law to the plaintiff for the nonpayment of money levied on execution.
Codes, Hutchinson's 1848, ch. 62, art. 1 (16); 1857, ch. 61, art. 286; 1871, § 850; 1880, § 1766; 1892, § 3496; 1906, § 3994; Hemingway's 1917, § 3001; 1930, § 3047; 1942, § 1935.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-185 - How purchaser takes property sold at execution sale

The purchaser of any property sold at execution sale by the sheriff or other officer shall take the same discharge of all liens of judgments and decrees, whether the same be sold under an execution issued upon the elder or junior judgment or decree.
Codes, 1880, § 1763, 1892, § 3497; 1906, § 3995; Hemingway's 1917, § 3002; 1930, § 3048; 1942, § 1936.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-187 - Conveyance of land sold under execution or other process

When lands are sold by virtue of any writ of execution or other process, the officer making the sale shall, on payment of the purchase-money, execute to the purchaser a conveyance which shall vest in the purchaser all the right, title and interest which the defendant had in and to such lands, and which, by law, could be sold under such execution or other process.
Codes, Hutchinson's 1848, ch. 62, art. 1 (55); 1857, ch. 61, art. 290; 1871, § 854; 1880, § 1769; 1892, § 3498; 1906, § 3996; Hemingway's 1917, § 3003; 1930, § 3049; 1942, § 1937.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 3 - PROCESS, NOTICE, AND PUBLICATION (§§ 13-3-1 — 13-3-189) › Section 13-3-189 - Completion of title under justice's execution

The title to land sold under execution issued by a justice of the peace shall not be complete in the purchaser until he shall have obtained from the justice a certified transcript of the proceedings had before him in the suit, including a copy of the execution and the officer's return on it, which shall be filed with the conveyance made by the officer in the chancery clerk's office and recorded with the conveyance. Upon filing such transcript and conveyance for record in the chancery clerk's office of the county where the land lies, the title of the purchaser shall be as full and complete as if the sale had been under a judgment and execution from a circuit court.
Codes, 1880, § 2211; 1892, § 3499; 1906, § 3997; Hemingway's 1917, § 3004; 1930, § 3050; 1942, § 1938.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-1 - Who are competent jurors; determination of literacy

Every citizen not under the age of twenty-one years, who is either a qualified elector, or a resident freeholder of the county for more than one year, is able to read and write, and has not been convicted of an infamous crime, or the unlawful sale of intoxicating liquors within a period of five years and who is not a common gambler or habitual drunkard, is a competent juror. No person who is or has been within twelve months the overseer of a public road or road contractor shall, however, be competent to serve as a grand juror. The lack of any such qualifications on the part of one or more jurors shall not, however, vitiate an indictment or verdict. Moreover, no talesman or tales juror shall be qualified who has served as such talesman or tales juror in the last preceding two years, and no juror shall serve on any jury who has served as such for the last preceding two years. No juror shall serve who has a case of his own pending in that court, provided there are sufficient qualified jurors in the district, and for trial at that term.
In order to determine that prospective jurors can read and write, the presiding judge shall, with the assistance of the clerk, distribute to the jury panel a form to be completed personally by each juror prior to being empaneled as follows:
1.
" Your name ____________________ Last ____________________ First ____________________ Middle initial
2.
Your home address ____________________
3.
Your occupation ____________________
4.
Your age ____________________
5.
Your telephone number ____________________ If none, write none
6.
If you live outside the county seat, the number of miles you live from the courthouse ____________________ Miles
____________________
Sign your name"
The judge shall personally examine the answers of each juror prior to empaneling the jury and each juror who cannot complete the above form shall be disqualified as a juror and discharged.
A list of any jurors disqualified for jury duty by reason of inability to complete the form shall be kept by the circuit clerk and their names shall not be placed in the jury box thereafter until such person can qualify as above provided.
Codes, Hutchinson's 1848, ch. 61, art. 1 (138); 1857, ch. 61, art. 126; 1871, § 724; 1880, § 1661; 1892, § 2354; 1906, § 2684; Hemingway's 1917, § 2176; 1930, § 2029; 1942, § 1762; Laws, 1894, ch. 69; Laws, 1914, ch. 208; Laws, 1938, ch. 303; Laws, 1962, ch. 308, § 1; Laws, 1968, ch. 335, § 1; Laws, 1970, ch. 339, § 1, eff. 4/2/1970.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-2 - Public policy stated

It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity in accordance with this chapter to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose. A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, or economic status.
Laws, 1974, ch 378, § 1, eff. 1/1/1975.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-3 - [Repealed]

Repealed by Laws of 1974, ch 378, § 11, eff.1/1/1975.
Codes, Hutchinson's 1848, ch. 61, art. 8 (1); 1857, ch. 61, arts. 128, 135; 1871, §§ 726, 736; 1880, § 1681; 1892, § 2358; 1906, § 2688; Hemingway's 1917, § 2180; 1930, § 2033; 1942, § 1766; Laws, 1896, ch. 84; Laws, 1938, ch. 298; Law, 1938, Ex. ch. 84; Laws, 1962, ch. 308, § 2; Laws, 1964, ch. 326; Laws, 1968, ch. 338, § 1.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-4 - Definitions

As used in this chapter:
(a)
"Court" means the circuit, chancery and county courts of this state and includes, when the context requires, any judge of the court.
(b)
"Clerk" and "clerk of the court" means the circuit clerk of the county and any deputy clerk.
(c)
"Master list" means the voter registration lists for the county.
(d)
"Voter registration lists" means the official records of persons registered to vote in the county.
(e)
"Jury wheel" means any physical device or electronic system for the storage of the names or identifying numbers of prospective jurors.
(f)
"Jury box" means the jury wheel in which is placed the names or identifying numbers of prospective jurors whose names are drawn at random from the jury wheel and who are not disqualified.
(g)
"Senior judge" means the circuit or chancery judge, as the case may be, who has the longest continuous service on the court in a particular judicial district which has more than one (1) such judge, or if the judges are equal in time of service, then the judge who has been engaged for the longest time continuously in the practice of law in this state.
Laws, 1974, ch. 378, § 2, eff. 1/1/1975.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-5 - [Repealed]

Repealed by Laws of 1974, ch. 378, § 11, eff.1/1/1975.
Codes, 1942, § 1762-01; Laws, 1964, ch. 327, § 1.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-6 - Jury commission-number, appointment, terms, qualifications, and compensation of members

(1)
A jury commission shall be established in each county to manage the jury selection process under the supervision and control of the court. The jury commission shall be composed of three (3) members who will serve a four-year term beginning on January 1, 1975, as follows: One (1) member shall be appointed by the circuit judge of said county; one (1) member shall be appointed by the chancery judge of said county; and one (1) member shall be appointed by the board of supervisors of said county. If there is more than one (1) circuit or chancery judge in a judicial district, then the senior circuit or chancery judge, as the case may be, shall make the said appointment for each county in his district. Any unexpired term shall be filled by the appropriate appointing authority who is in office at the time the vacancy occurs.
(2)
A jury commissioner shall have the following qualifications:
(a)
He shall be a duly qualified elector at the time of his appointment;
(b)
He shall be a resident citizen in the county in which he is to serve; and
(c)
He shall not be an attorney nor an elected public official.
(3)
Each jury commissioner shall receive compensation at a per diem rate as provided in Section
25-3-69
.
Laws, 1974, ch. 378, § 3; Laws, 1989, ch. 395, § 1, eff. 1/1/1990.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-7 - [Repealed]

Repealed by Laws of 1974, ch. 378, § 11, eff.1/1/1975.
Codes, 1942, § 1762-02; Laws, 1964, ch. 327, § 2; Laws, 1968, ch. 336, § 1.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-8 - Master list consisting of county voter registration list to be compiled and maintained; exclusion of persons permanently excused from jury service from list; reinstatement of permanently excused persons

(1)
In April of each year, the jury commission for each county shall compile and maintain a master list consisting of the voter registration list for the county.
(2)
The circuit clerk of the county and the registrar of voters shall have the duty to certify to the commission during the month of January of each year under the seal of his office the voter registration list for the county; the list shall exclude any person who has been permanently excused from jury service pursuant to Section
13-5-23(4)
. Any person who has been excluded from the master list for jury service may be reinstated to the master list after one (1) year by requesting that the circuit clerk reinstate him to the master list.
Laws, 1974, ch. 378, § 4; Laws, 2010, ch. 456, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 13 - EVIDENCE, PROCESS AND JURIES (§§ 13-1-1 — 13-7-49) › Chapter 5 - JURIES (§§ 13-5-1 — 13-5-97) › Section 13-5-9 - [Repealed]

Repealed by Laws of 1974, ch. 378, § 2, eff.1/1/1975.
Codes, 1942, § 1762-03; Laws, 1964, ch. 327, § 3; Am Laws, 1972, ch. 372, § 2.