reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-129 - Judgment for defendant; default; writ of inquiry

If the judgment be for the defendant, the plaintiff and the sureties on the plaintiff's bond shall restore to the defendant the property, if to be had, or pay to him the value thereof and any damages for the wrongful suing out of the writ, as assessed upon writ of inquiry. If the defendant shall have made bond for such property, he and his sureties shall be fully discharged and he may recover any damages from the plaintiff and his sureties for the wrongful suing out of said writ. In case the plaintiff make default in prosecuting the replevin action, or be nonsuited, after seizure under writ of replevin, the defendant may have a writ of inquiry to assess the value of the property, or the damages sustained by the wrongful suing out of the writ, or both, as the case may be; and like judgment shall be rendered upon the finding as upon an issue found for him.
Laws, 1975, ch. 508, § 15, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-131 - How replevin commenced-immediate seizure of property not sought

If any person, his agent or attorney, shall desire to institute an action of replevin without the necessity of posting bond, and without requesting the immediate seizure of the property in question, he shall file a declaration under oath setting forth those matters shown in subparagraphs (a) through (e) of Section
11-37-101
and shall present such pleadings to a judge of the Supreme Court, a judge of the circuit court, a chancellor, a county judge, a justice of the peace or other duly elected judge, and such judge shall issue a fiat directing the clerk of such court, or a deputy clerk, to issue a summons to the defendant, to appear before a court or judge having jurisdiction, as determined by the value of the property as alleged in the declaration, and as outlined in Section
11-37-101
, with said process being returnable in termtime or in vacation, upon at least five (5) days' notice, summoning the defendant to appear for a final hearing to determine the rights of the parties as to possession, and upon such final hearing the court shall enter judgment accordingly.
Laws, 1975, ch. 508, § 16, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-133 - Form of summons

The summons may be in the following form, to-wit:
"The State of Mississippi
To the sheriff of ____________________ County, Greetings:
We command you hereby that you summons ____________________, (put full address) defendant, if to be found in your county, so that he be and appear before the ____________________ court, to be holden in and for the County of ____________________, at the courthouse thereof in the City of ____________________, Mississippi, on the ____________________ day of ____________________, 2 ____________________, at ____________________ o'clock ____________________.M., to answer the plaintiff's declaration in replevin filed herein, a copy of which is attached hereto, and for a final hearing to determine the rights of the parties herein as to the possession of the property as described in the declaration in replevin.
Declaration filed when summons issued.
ISSUED THIS ____________________ day of ____________________, 2 ____________________.
____________________ Clerk"
Laws, 1975, ch. 508, § 17, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-135 - How summons shall be executed

The summons in replevin shall be executed by summoning the defendant as in other civil cases, a copy of the declaration and exhibits being attached to said summons, directing the defendant to appear before the court shown in said summons, to answer the plaintiff's declaration under oath. The officer serving said process shall determine whether or not the defendant is then in possession of the property described in the declaration and shall so indicate on his return.
Laws, 1975, ch. 508, § 18, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-137 - Contempt of defendant for concealing or disposing of property

If the defendant be found to be in possession of the property in question at the time of the service of process upon him, and if he shall conceal said property or dispose of the same, or fail to have the same within the jurisdiction of the court for such final judgment as may be rendered by the court in said replevin action, upon the return day of process herein, he shall be subject to penalties of contempt, upon motion of the plaintiff or order of the court.
Laws, 1975, ch. 508, § 19, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-139 - Resettlement of action for trial on a future date

Where process in any replevin action is by way of a summons in replevin, said cause shall be triable on its merits upon at least five (5) days process upon the defendant, and said cause shall be triable in termtime or in vacation and at such place as the court may direct. In the event it shall appear at the return day that there is secondary service of process, or less than five (5) days process upon the defendant, the court may enter an order resetting said matter for trial on a future date, so as to insure that said cause will not be tried on its merits except upon a resetting on secondary process or except upon at least five (5) days process upon the defendant. In the event of such order resetting said cause for such later date, it shall not be necessary that further process be served upon the defendant.
Laws, 1975, ch. 508, § 20, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-141 - Judgment for plaintiff where property not previously seized

Upon the trial of any replevin action in which the property has not previously been seized under writ of replevin, if the judgment be for the plaintiff, the court shall enter judgment awarding to the plaintiff the immediate possession of the property and such judgment shall order and direct the sheriff or other lawful officer to immediately seize the property in question, without further process upon the defendant, and deliver said property to the plaintiff, a certified copy of the final judgment rendered in such case being furnished to the sheriff as evidence of his authority to seize such property and deliver it to the plaintiff.
Laws, 1975, ch. 508, § 21, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-143 - Judgment for defendant where property not previously seized

In any replevin action in which the property has not been previously seized by writ of replevin, if the defendant be successful in such action, the judgment of the court shall be that the declaration of the plaintiff be dismissed and court costs assessed against the plaintiff.
Laws, 1975, ch. 508, § 22, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-145 - Replevin actions to be treated as preference cases

All replevin actions shall be treated by the court as preference cases and shall be heard on the merits at the earliest possible date, with the view of reaching an early determination as to the rights of the parties to the property in question.
Laws, 1975, ch. 508, § 23, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-147 - Jury trial

All replevin actions shall be tried by the court without a jury, unless one (1) of the parties thereto shall file a written request for a jury trial.
Laws, 1975, ch. 508, § 24, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-149 - Claim of property by third person

If a third person, not a party to the action of replevin, shall claim to be the owner or entitled to the possession of goods or chattels involved in a replevin action, he shall not be allowed to institute another action of replevin while the former is pending, but may intervene in said action and present his claim under oath.
Laws, 1975, ch. 508, § 25, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-151 - Claim of property by third person-issue, trial and judgment

After the trial of the action of replevin, an issue shall be made between the successful party and the claimant as to the validity of his claim, and a trial shall be had to determine the right of possession as between them and judgment entered accordingly.
Laws, 1975, ch. 508, § 26, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-153 - Laws applicable in case of death

All the provisions of law in reference to the death of either party, and the revival of the cause in personal actions, and the death of any of the obligors in a bond given in a replevin action, and the proceedings thereon before and after judgment, shall apply in like case to the action of replevin, and to a claim of property in such action.
Laws, 1975, ch. 508, § 27, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-155 - Replevin not maintainable in certain cases

The action of replevin shall not be maintainable in any case of the seizure of property under execution or attachment when a remedy is given to claim the property by making claim to it in some mode prescribed by law, but the person claiming must resort to the specific mode prescribed in such case, and shall not resort to the action of replevin.
Laws, 1975, ch. 508, § 28, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-157 - Replevin cumulative and additional to all other actions

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Laws, 1975, ch. 508, § 29, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 38 - CLAIM AND DELIVERY (§§ 11-38-1 — 11-38-9) › Section 11-38-1 - Commencement of action

Any person with an enforceable lien on any personal property, or right to the immediate possession thereof, or who asserts that such property has been wrongfully taken or detained may bring an action for claim and delivery by filing a complaint in writing, under oath, describing the property, setting forth his claim, share or interest therein, attaching an itemized account, if required, and giving the names of any other persons who have a similar or other claims or interests in such property. Thereupon the clerk or justice shall issue a writ directed to the proper officer to value the property, or so much thereof as may be necessary to satisfy the plaintiff's demand and cost, and to summon the persons named in the affidavit to appear in court, at the time fixed, to answer the complaint.
Laws, 1973, ch. 400, § 1, eff. March 28, 1973.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 38 - CLAIM AND DELIVERY (§§ 11-38-1 — 11-38-9) › Section 11-38-3 - Venue; issuance and return of process; jurisdiction of court; right to jury trial

The action for claim and delivery may be instituted in the circuit or county court of a county, or the justice court of a county, in which the defendant, or one (1) of several of them, resides or where the property, or some of it, may be found. Proper process shall issue to other counties and shall be made returnable to the first term of the court held after the issuance of said writ unless it shall be issued more than ten (10) days before the said term of court, when it may be returnable to the judge of the court at the usual place of holding the court at a day to be named, not more than ten (10) days or less than five (5) days after the date of the issuance of the writ, or before the judge in vacation, and the cause will be triable, provided the defendant has been served with process at least five (5) days before the return day of the writ. The judge shall have jurisdiction to hear the cause, or any matter pertaining thereto, in termtime or vacation, at such time and place as he may direct, and to enter such orders and judgment thereon as to adjust the rights of the parties in the subject matter; and all such cases shall be tried by the judge without the intervention of a jury unless a jury is demanded in the complaint or answer.
Laws, 1973, ch. 400, § 2; Laws, 1981, ch. 471, § 38; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 38 - CLAIM AND DELIVERY (§§ 11-38-1 — 11-38-9) › Section 11-38-5 - Preliminary hearing

The clerk or justice issuing the writ may also, by a separate summons, require the parties to appear before him for a preliminary hearing to determine the rights of the parties to immediate possession of the property involved, at a time and place fixed in the summons, but shall allow the defendant not less than two (2) days' notice. At the preliminary hearing the clerk or justice shall determine whether the temporary possession of the property is to be delivered to the plaintiff, retained by the defendant, or whether the proper officer shall seize and hold the property until a hearing on the merits to determine what bond, if any, should be required. An appropriate writ shall thereupon be issued for the enforcement of the temporary order. Upon written demand of either party the clerk, when the action is before a clerk of the court, shall refer the action for such preliminary hearing before any justice of the county or the judge of the court from which the process was issued. If temporary possession be granted to the plaintiff, the bond shall be for double the value of the property, and if temporary possession be granted to the defendant and bond be required, it shall be for not less than double the value of the plaintiff's interest therein.
Preliminary hearings may be determined by the justice or judge designated without regard to jurisdictional amount.
Laws, 1973, ch. 400, §§ 3, 5, eff. March 28, 1973.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 38 - CLAIM AND DELIVERY (§§ 11-38-1 — 11-38-9) › Section 11-38-7 - Answer; judgment

The defendant, or any interested person, may contest the demand of the plaintiff on or before the return day of the writ by filing an answer in writing, under oath, of his claim or defense, itemizing his account, if any, and the case shall be then at issue between the parties, and shall be tried as other cases in the court. The judgment or judgments of the court shall adjudicate and adjust the rights of the several parties as to the subject matter of the suit, and costs may be adjudged accordingly.
Laws, 1973, ch. 400, § 4, eff. March 28, 1973.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 38 - CLAIM AND DELIVERY (§§ 11-38-1 — 11-38-9) › Section 11-38-9 - Claim and delivery cumulative and additional to other actions

The action created and established by this chapter shall be cumulative and in addition to all other actions presently available at law or in equity.
Laws, 1973, ch. 400, § 6, eff. March 28, 1973.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-1 - To what cases applicable

The remedy by information in the nature of a quo warranto shall lie, in the name of the state, against any person or corporation offending in the following cases, viz.:
First. -
Whenever any person unlawfully holds or exercises the functions of any public office, civil or military, or franchise, or any office in any corporation, city, town, or village, and to try the right to any such office.
Second. -
Whenever any public officer has done or suffered to be done, or has omitted to do any act, the doing or omission of which works a forfeiture of office.
Third. -
Whenever any two or more persons shall act as a corporation, or assume so to do without being legally incorporated.
Fourth. -
Whenever any corporation shall be guilty of a misuser or abuse of its powers, or ceases to discharge the duty for which it was created.
Fifth. -
Whenever any corporation willfully exercises powers not conferred by law.
Sixth. -
Whenever any corporation fails to exercise powers conferred by law and essential to its corporate existence, or implied in its duty to the public.
Seventh. -
Whenever any corporation shall be guilty of doing or neglecting to do any act the doing or neglecting of which is made by law a cause of forfeiture of franchise.
Eighth. -
Whenever any corporation shall willfully and persistently violate the law made for regulating such corporations, or the criminal law; but acts done in good faith before adjudication of the constitutionality of a doubtful statute shall not be cause of forfeiture.
Ninth. -
Whenever it is sought to have the right of any corporation, not created by the laws of this state, to do business in this state forfeited because of its persistent refusal to comply with the laws thereof.
Tenth. -
Whenever any nonresident alien or corporation shall acquire or hold lands contrary to law.
Codes, 1857, ch. 35, art. 12; 1871, § 1490; 1880, §§ 2585, 2586, 2587; 1892, § 3520; 1906, § 4017; Hemingway's 1917, § 3012; 1930, § 3053; 1942, § 1120.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-3 - Proceedings

The proceedings in the cases set forth in Section
11-39-1
shall be by complaint, in the name of the state, by the Attorney General or a district attorney, on his own motion or on relation of another, and, in a case to try the right to an office, on the relation of the claimant thereof. The complaint shall be filed in the circuit court of the county of the residence of the defendant; or, in the case of an officer, where he acts as such; or, in case of a corporation or pretended corporation, where its principal office or place of business may be or where it may transact any business and has an agent; or, in case of an alien or corporation acquiring or holding land contrary to law, where any of the land is situated.
Codes, 1857, ch. 35, art. 12; 1871 §§ 1490, 1491; 1880, §§ 2585, 2587; 1892, § 3521; 1906, § 4018; Hemingway's 1917, § 3013; 1930, § 3054; 1942, § 1121; Laws, 1991, ch. 573, § 73, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-5 - Trial of right to office

In case the proceedings be on the relation of a person claiming to be entitled to an office, the ground of his claim shall be stated by proper averment, and judgment shall be rendered according to the rights of the respective claimants; and, if it be in favor of the relator, he shall be entitled to the office on qualifying according to law, and may recover of the defendant in an action all damages that may have accrued in consequence of withholding the office from him.
Codes, 1857, ch. 35, art. 18; 1871, § 1497; 1880, § 2587; 1892, § 3522; 1906, § 4019; Hemingway's 1917, § 3014; 1930, § 3055; 1942, § 1122.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-7 - Form of complaint against corporation

For convenience and certainty, the complaint, if against a corporation, shall set out briefly the causes of forfeiture. It may be in the form following, to-wit:
"State of Mississippi, Circuit Court, ____________________ term,
County of ____________________. A.D. ____________________,
"The State of Mississippi, by A B, district attorney for the ____________________ judicial district of the state, of his own accord (or on the relation of C D, as the case may be) gives the court here to understand and be informed that the corporation of ____________________ has forfeited all right to exercise any of the franchises and privileges granted it in this, to-wit (set out the causes of forfeiture).
"Wherefore, the State of Mississippi, by said district attorney, prays judgment of forfeiture and ouster against said corporation."
And in all other cases the complaint shall be in form substantially the same as near as may be, conforming to the state of case.
Codes, 1857, ch. 35, art. 15; 1871, § 1494; 1880, § 2588; 1892, § 3523; 1906, § 4020; Hemingway's 1917, § 3015; 1930, § 3056; 1942, § 1123; Laws, 1991, ch. 573, § 74, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-9 - Form of complaint against individuals

If the complaint be filed against persons exercising corporate franchises without authority, the following language may be used after the word "informed," to-wit:
"That certain persons (naming them) have for ____________________ months last past used, and still do use, the following liberties and franchises without lawful authority, to-wit: (set out the franchises), which said franchises and privileges the said ____________________ have usurped, and still do usurp.
"Wherefore the State of Mississippi, by said district attorney, prays that they may be debarred of such rights."
Codes, 1857, ch. 35, art. 17; 1871, § 1494; 1880, § 2590; 1892, § 3524; 1906, § 4021; Hemingway's 1917, § 3016; 1930, § 3057; 1942, § 1124; Laws, 1991, ch. 573, § 75, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-11 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1857, ch. 35, art. 16; 1871, § 1496; 1880, § 2589; 1892, § 3525; 1906, § 4022; Hemingway's 1917, § 3017; 1930, § 3058; 1942, § 1125
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-13 - Summons

After the complaint has been filed, summons shall be issued as required by the Mississippi Rules of Civil Procedure.
Codes 1857, ch. 35, art. 13; 1871, § 1495; 1880, § 2591; 1892, § 3526; 1906, § 4023; Hemingway's 1917, § 3018; 1930, § 3059; 1942, § 1126; Laws, 1991, ch. 573, § 76, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-15 - Court or judge may make certain orders

During the pendency of the action, the court, or judge in vacation, may make all proper orders for preventing damage or injury to the plaintiff before the case is decided.
Codes, 1880, § 2598; 1892, § 3527; 1906, § 4024; Hemingway's 1917, § 3019; 1930, § 3060; 1942, § 1127.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-17 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1857, ch. 35, art. 14; 1871, § 1496; 1880, § 2592; 1892, § 3528; 1906, § 4025; Hemingway's 1917, § 3020; 1930, § 3061; 1942, § 1128.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-19 - Judgments against defendants

If it be found on the trial of an information that a corporation has forfeited its charter, judgment of ouster from the franchises shall be given, and that it be dissolved; and if it be found, on trial, that persons claiming to exercise a franchise are not entitled to the same, the judgment shall be that such persons be debarred and excluded from the use of the franchise; and in both cases the state shall recover costs. If judgment be against the defendant, finding that he has been exercising the functions of an office without authority, he shall be removed from office and debarred therefrom, and shall pay costs.
The court shall order the defendant to deliver over all records, books, and papers in his custody or under his control, belonging to the office, and may make and enforce all orders proper to carry its judgment into effect.
Codes, 1857, ch. 35, art. 19; 1871, §§ 1499, 1502; 1880, §§ 2593, 2594; 1892, § 3529; 1906, § 4026; Hemingway's 1917, § 3021; 1930, § 3062; 1942, § 1129.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-21 - Disobedience punishable

Any person who refuses or knowingly neglects to obey any order of the court made as herein provided, shall be guilty of contempt of court, and shall be fined in any sum not exceeding Five Thousand Dollars ($5,000.00), and imprisoned in the county jail until he comply with the order. He shall be further liable for damages resulting to any person on account of his refusal to obey.
Codes, 1871, § 1515; 1880, § 2595; 1892, § 3530; 1906, § 4027; Hemingway's 1917, § 3022; 1930, § 3063; 1942, § 1130.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-23 - Private person relator, liable for costs

When an information is upon the relation of a private individual, it shall be so stated in the petition and proceedings, and such individual shall be responsible for costs as plaintiffs are responsible in other cases.
Codes, 1871, § 1504; 1880, § 2596; 1892, § 3531; 1906, § 4028; Hemingway's 1917, § 3023; 1930, § 3064; 1942, § 1131.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-25 - Trustees to be appointed

When judgment of forfeiture and ouster shall be rendered against any corporation or against any person pretending to exercise corporate franchises, the debtors to such corporation, or other body, shall not be thereby released from their debts and liabilities, and it shall be the duty of the judge of the court rendering the judgment to appoint one or more trustees to take charge of the books, evidences of debts, assets and property of such corporation or body pretending to exercise corporate franchises. Such trustees are invested with full power and authority to sue, in their own name, for and to collect all debts due to such corporation or body pretending to exercise corporate franchise, and to be sued in any court upon permission to sue being first obtained from the chancery court, and, generally, to maintain any action, or to revive or have revived against them any suit or judgment for or against such corporation or other body. The proceeds of debts collected and property sold shall be applied by such trustees to the payment of the costs in the quo warranto proceedings and in payment of debts, under the direction of the court.
Codes, 1857, ch. 35, art. 22; 1871, §§ 1506, 1609; 1880, § 2599; 1892, § 3532; 1906, § 4029; Hemingway's 1917, § 3024; 1930, § 3065; 1942, § 1132; Laws, 1908, ch. 193.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-27 - Bond of trustees

Before they enter upon the discharge of their duties, the trustees shall execute bond in such sum as may be prescribed, and with such sureties as may be approved by the judge, payable to the state, and conditioned for the faithful discharge of their duties as trustees, which bond may be put in suit for a breach thereof; and the amount collected thereon shall constitute a fund for the benefit of creditors or stockholders, as other funds of the corporation.
Codes, 1857, ch. 35, art. 23; 1871, §§ 1507, 1508; 1880, § 2600; 1892, § 3533; 1906, § 4030; Hemingway's 1917, § 3025; 1930, § 3066; 1942, § 1133.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-29 - Property surrendered to trustees

It shall be the duty of all persons having possession of property or evidences of debt belonging to any corporation, or persons pretending to exercise corporate franchises, against which or whom judgment of forfeiture shall have been rendered, to surrender and deliver the same to the trustees so appointed, and, in case of failure to do so, such trustees may maintain an action therefor.
Codes, 1857, ch. 35, art. 24; 1871, § 1510; 1880, § 2601; 1892, § 3534; 1906, § 4031; Hemingway's 1917, § 3026; 1930, § 3067; 1942, § 1134.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-31 - Trustees to return inventory to chancery court-vacancies filled-new bonds

It shall be the duty of the trustees, at the next succeeding term after their appointment of the chancery court of the county in which the quo warranto judgment was rendered, or at such other time as may be designated by the said chancery court or the chancellor, to return, under oath, to the court, a full and complete inventory of all evidences of debt, and property of every description, which may have come to their possession or knowledge as the property of the corporation or body pretending to exercise corporate franchises, and from time to time such further inventories as may be necessary, in case additional assets or property shall be discovered, which inventories shall be recorded by the clerk. The chancery court, or the chancellor in vacation, may remove trustees and appoint new ones, or fill vacancies in case of death or resignation, and may require new bonds of the trustees.
Codes, 1857, ch. 35, art. 25; 1871, § 1512; 1880, § 2602; 1892, § 3535; 1906, § 4032; Hemingway's 1917, § 3027; 1930, § 3068; 1942, § 1135.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-33 - Sales of property-proceedings-trustees not to buy

The chancery court, or chancellor in vacation, shall order the sale of the property, real and personal, in the same manner and on the same terms as such property of intestate decedents is sold, and like proceedings shall be had as far as applicable. It shall not be lawful for a trustee to become the purchaser of any property sold by him in that capacity, or by his cotrustees, either directly or indirectly, or to act as agent of any other person in making such purchase; and all purchases in violation of this provision shall be void.
Codes, 1857, ch. 35, arts. 22, 26; 1871, § 1511; 1880, §§ 2599, 2603; 1892, § 3536; 1906, § 4033; Hemingway's 1917, § 3028; 1930, § 3069; 1942, § 1136.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-35 - Claims presented and audited-notice

The chancery court shall require all claims against the funds in the hands of the trustees to be presented and audited in such manner as shall be deemed proper. Notice shall be given to all persons holding such claims to present and have them audited in the same manner as such notice is given in the administration of estates, and all claims not presented and audited within twelve months after the last publication shall be forever barred.
Codes, 1880, § 2606; 1892, § 3537; 1906, § 4034; Hemingway's 1917, § 3029; 1930, § 3070; 1942, § 1137.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-37 - Compensation of trustees and others

The compensation of trustees and others shall be determined by the court, and allowed out of the effects of the corporation or other body, under the control of the court.
Codes, 1880, § 2605; 1892, § 3538; 1906, § 4035; Hemingway's 1917, § 3030; 1930, § 3071; 1942, § 1138.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › IN GENERAL (§§ 11-39-1 — 11-39-39) › Section 11-39-39 - Report of trustees, and order of paying debts

It shall be the duty of the trustees, at the first term of the court after the time for presenting claims has elapsed, to make a full and complete report of all claims presented and audited, at which time exception may be taken to the allowance or rejection of any claim, and, if sustained, the report may be corrected. When the report is settled, and the amount of indebtedness ascertained, the court shall order the trustees to pay the debts in the following order:
(a)
The compensation to the trustees and others, and expenses incurred in settling the affairs of the corporation, including the payment of the costs in the quo warranto proceedings in the circuit court, and the costs in the chancery court.
(b)
Debts due to the state or any county, city, town, or village for taxes or otherwise.
(c)
A ratable distribution amongst creditors who have proved their claims, and had them allowed.
(d)
The surplus, if any, shall be ratably distributed among the stockholders, according to their respective rights.
Codes, 1880, § 2606; 1892, § 3539; 1906, § 4036; Hemingway's 1917, § 3031; 1930, § 3072; 1942, § 1139.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › TRIAL OF RIGHT TO PUBLIC OFFICE IN VACATION (§§ 11-39-51 — 11-39-61) › Section 11-39-51 - Right to public office triable in vacation

A proceeding by quo warranto to try the right to any public office, may be tried and determined in vacation as well as in term time.
Codes, 1880, § 2607; 1892, § 3540; 1906, § 4037; Hemingway's 1917, § 3032; 1930, § 3073; 1942, § 1140.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › TRIAL OF RIGHT TO PUBLIC OFFICE IN VACATION (§§ 11-39-51 — 11-39-61) › Section 11-39-53 - through 11-39-57 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-39-53. [Codes, 1880, § 2608; 1892, § 3541; 1906, § 4038; Hemingway's 1917, § 3033; 1930, § 3074; 1942, § 1141] § 11-39-55. [Codes, 1880, § 2609; 1892, § 3542; 1906, § 4039; Hemingway's 1917, § 3034; 1930, § 3075; 1942, § 1142] § 11-39-57. [Codes, 1880, § 2610; 1892, § 3543; 1906, § 4040; Hemingway's 1917, § 3035; 1930, § 3076; 1942, § 1143]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › TRIAL OF RIGHT TO PUBLIC OFFICE IN VACATION (§§ 11-39-51 — 11-39-61) › Section 11-39-59 - Fees of officers, jurors, and witnesses

The clerk, sheriff, jurors, and witnesses shall have the same allowance for attendance, to be taxed in the costs, as if their attendance was upon a circuit court, and shall be compellable to attend in like manner.
Codes, 1880, § 2611; 1892, § 3544; 1906, § 4041; Hemingway's 1917, § 3036; 1930, § 3077; 1942, § 1144.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 39 - QUO WARRANTO (§§ 11-39-1 — 11-39-61) › TRIAL OF RIGHT TO PUBLIC OFFICE IN VACATION (§§ 11-39-51 — 11-39-61) › Section 11-39-61 - Costs in such cases

The judge, before making the order for trial in vacation or afterward, may impose such terms, and make such requirements as to costs and payment thereof or security therefor, as he thinks proper, and shall tax the costs of the case as he may deem just.
Codes, 1871, § 1504; 1880, § 2612; 1892, § 3545; 1906, § 4042; Hemingway's 1917, § 3037; 1930, § 3078; 1942, § 1145.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 41 - MANDAMUS; PROHIBITION (§§ 11-41-1 — 11-41-21) › Section 11-41-1 - In what cases a remedy and how obtained

On the complaint of the state, by its Attorney General or a district attorney, in any matter affecting the public interest, or on the complaint of any private person who is interested, the judgment shall be issued by the circuit court, commanding any inferior tribunal, corporation, board, officer, or person to do or not to do an act the performance or omission of which the law specially enjoins as a duty resulting from an office, trust, or station, where there is not a plain, adequate, and speedy remedy in the ordinary course of law. All procedural aspects of this action shall be governed by the Mississippi Rules of Civil Procedure.
Codes, 1871, § 1517; 1880, § 2542; 1892, § 2846; 1906, § 3231; Hemingway's 1917, § 2533; 1930, § 2348; 1942, § 1109; Laws, 1991, ch. 573, § 77, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 41 - MANDAMUS; PROHIBITION (§§ 11-41-1 — 11-41-21) › Section 11-41-3 - Filing of complaint

The complaint shall be filed in the circuit court of the county in which the tribunal, corporation, board, officer, or person made defendant, or some one or more of them, shall reside or be found; but if the judge of that court be interested, the complaint may be filed in an adjoining circuit court district.
Codes, 1871, § 1518; 1880, § 2543; 1892, § 2847; 1906, § 3232; Hemingway's 1917, § 2534; 1930, § 2349; 1942, § 1110; Laws, 1991, ch. 573, § 78, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 41 - MANDAMUS; PROHIBITION (§§ 11-41-1 — 11-41-21) › Section 11-41-5 - through 11-41-17 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-41-5. [Codes, 1871, § 1519; 1880, § 2544; 1892, § 2848; 1906, § 3233; Hemingway's 1917, § 2535; 1930, § 2350; 1942, § 1111] § 11-41-7. [Codes, 1871, § 1520; 1880, § 2545; 1892, § 2849; 1906, § 3234; Hemingway's 1917, § 2536; 1930, § 2351; 1942, § 1112; Am Laws, 1980, ch. 383, § 1] § 11-41-9. [Codes, 1871, § 1523; 1880, § 2546; 1892, § 2850; 1906, § 3235; Hemingway's 1917, § 2537; 1930, § 2352; 1942, § 1113] § 11-41-11. [Codes, 1871, § 1524; 1880, § 2547; 1892, § 2851; 1906, § 3236; Hemingway's 1917, § 2538; 1930, § 2353; 1942, § 1114] § 11-41-13. [Codes, 1880, § 2548; 1892, § 2852; 1906, § 3237; Hemingway's 1917, § 2539; 1930, § 2354; 1942, § 1115] § 11-41-15. [Codes 1871, § 1525; 1880, § 2549; 1892, § 2853; 1906, § 3238; Hemingway's 1917, § 2540; 1930, § 2355; 1942, § 1116] § 11-41-17. [Codes, 1871, § 1526; 1880, § 2550; 1892, § 2854; 1906, § 3239; Hemingway's 1917, § 2541; 1930, § 2356; 1942, § 1117]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 41 - MANDAMUS; PROHIBITION (§§ 11-41-1 — 11-41-21) › Section 11-41-19 - Mandamus in certain cases triable in vacation

A proceeding by mandamus may be tried and determined in termtime or in vacation; and, if tried in vacation, all the provisions of law relating to the trial and proceedings in vacation of information in the nature of quo warranto shall apply.
Codes, 1880, § 2551; 1892, § 2855; 1906, § 3240; Hemingway's 1917, § 2542; 1930, § 2357; 1942, § 1118; Laws, 1980, ch. 383, § 2, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 41 - MANDAMUS; PROHIBITION (§§ 11-41-1 — 11-41-21) › Section 11-41-21 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1892, § 2856; 1906, § 3241; Hemingway's 1917, § 2543; 1930, § 2358; 1942, § 1119.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-1 - To what cases the writ extends

The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto, except in the cases expressly excepted.
Codes, Hutchinson's 1848, ch. 65, art. 1 (1, 18); 1857, ch. 48, art. 2; 1871, § 1396; 1880, § 2519; 1892, § 2226; 1906, § 2445; Hemingway's 1917, § 2011; 1930, § 1914; 1942, § 2815.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-3 - Chapter not to apply in certain cases - service of petition and writ on Attorney General in extradition cases

Nothing in this chapter shall authorize the discharge of any person convicted of an offense, or charged with an offense committed in any other part of the United States, and who, agreeably to the Constitution of the United States or the laws of the state, ought to be delivered up to the executive power of the state or territory where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment.
This chapter shall not apply to any collateral relief sought by any person following his conviction of a crime. Such relief shall be governed by the procedures prescribed in the Mississippi Uniform Post-Conviction Collateral Relief Act.
Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradicted, a copy of the petition and writ shall be served upon the Attorney General not less than three (3) days before the date and time set for hearing thereon.
Codes, Hutchinson's 1848, ch. 65, art. 1 (15); 1857, ch. 48, art. 3; 1871, § 1397; 1880, § 2520; 1892, § 2227; 1906, § 2446; Hemingway's 1917, § 2012; 1930, § 1915; 1942, § 2816; Laws, 1966, ch. 365, § 1; Laws, 1984, ch. 378, § 16, eff. 4/17/ 1984.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-5 - Relator not discharged on account of defective proceedings

If it appear on the trial of any habeas corpus that the relator is held by virtue of proceedings against him for crime which are invalid, the judge shall not discharge the relator because thereof, but shall investigate the facts; and if it be found that he ought to be held for any crime alleged against him, the judge shall not discharge him, but shall commit him or require bail, according to the nature of the case.
Codes, 1892, § 2228; 1906, § 2447; Hemingway's 1917, § 2013; 1930, § 1916; 1942, § 2817.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-7 - By whom granted

The writ of habeas corpus may be granted by a judge of the Supreme Court, or a judge of the circuit or chancery court, in term time or in vacation, returnable before himself or another judge.
Codes, Hutchinson's 1848, ch. 65, art. 1 (1); 1857, ch. 48, art. 1; 1871, § 1398; 1880, § 2521; 1892, § 2229; 1906, § 2448; Hemingway's 1917, § 2014; 1930, § 1917; 1942, § 2818.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-9 - How obtained

Application for a writ of habeas corpus shall be by petition, in writing, sworn to by the person for whose relief it is intended, or by someone in his behalf, describing where and by whom he is deprived of liberty, and the facts and circumstances of the restraint, with the ground relied on for relief; and the application shall be made to the judge or chancellor of the district in which the relator is imprisoned, unless good cause be shown in the petition to the contrary. However, any petition filed by an inmate of any training school or hospital attacking his commitment for a claimed denial of a fundamental constitutional right under the Constitution of the State of Mississippi or of the United States which would affect his commitment shall be filed in a court of the county from which he was committed. And, if filed in any other court, the judge of that court shall, if he grants the writ, make it returnable to a court of the county from which the relator was committed; and in the case of a person committed by a youth court, not less than five (5) days' notice prior to hearing shall be given to the county attorney or district attorney of the county of commitment.
Codes, Hutchinson's 1848, ch. 65, art. 1 (1); 1857, ch. 48, art. 1; 1871, § 1400; 1880, § 2522; 1892, § 2230; 1906, § 2449; Hemingway's 1917, § 2015; 1930, § 1918; 1942, § 2819; Laws, 1966, ch. 366, § 1; Laws, 1972, ch. 453, § 1; Laws, 1984, ch. 378, § 17, eff. 4/17/ 1984.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-11 - Refusal to grant writ

If from the showing made by the petition for habeas corpus it be manifest that the person by whom, or on whose behalf, it is presented is not entitled to any relief thereby, the judge or chancellor may refuse to grant the writ, indorsing on the application his reason therefor.
Codes, 1880, § 2536; 1892, § 2231; 1906, § 2450; Hemingway's 1917, § 2016; 1930, § 1919; 1942, § 2820.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 43 - HABEAS CORPUS (§§ 11-43-1 — 11-43-55) › Section 11-43-13 - Bail by the way may be required

Where the application is by or on behalf of one detained on a criminal charge, the judge or chancellor, on granting the writ, may, in his discretion, require a bail bond by or on behalf of the person detained, conditioned that he shall not escape by the way. The judge or chancellor may fix the amount of such bail, and direct who shall approve the bond; but such bail bond shall not operate to discharge the relator from custody. Such bond shall be deposited by the judge or chancellor in the clerk's office of the court in which the case is triable. If the condition of the bond be broken, the proceedings thereon shall be as in case of other forfeited bonds or recognizances.
Codes, 1880, § 2537; 1892, § 2232; 1906, § 2451; Hemingway's 1917, § 2017; 1930, § 1920; 1942, § 2821.