Mississippi Code, Volume 02

884 Pages·2002·56.8 MB·English

by  State of Mississippi

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TABLE OF CONTENTS
VOLUME
2
TITLE 3
STATE SOVEREIGNTY, JURISDICTION
AND HOLIDAYS
BEGINNING
CHAP. SECTION
State Sovereignty Commission (Repealed] 3-1-1
1 .
3. State Boundaries, Holidays, and State Emblems 3-3-1
5. Acquisition of Land by United States Government. . . 3-5-1
TITLE 5
LEGISLATIVE DEPARTMENT
1 . Legislature 5-1-1
3. Legislative Committees 5-3-1
5. Interstate Co-operation 5-5-1
7. Lobbying 5-7-1
8. Lobbying Law Reform Act of 1 994 5-8-1
9. Agency Review 5-9-1
11. Abolishment of Agencies 5-11-1
TITLE 7
EXECUTIVE DEPARTMENT
Governor 7-1-1
1 .
3. Secretary of State 7-3-1
5. Attorney General 7-5-1
7. State Fiscal Officer; Department of Audit 7-7-1
9. State Treasurer 7-9-1
1 1 . Secretary of State; Land Records 7-11-1
13. Mississippi Administrative Reorganization Act 7-13-1
15. Executive Branch Reorganization Study Commission
[Repealed] 7-15-1
17. Mississippi Executive Reorganization Act of 1989 .... 7-17-1
533-002(1991)

CODE
MISSISSIPPI
1972
ANNOTATED
ADOPTEDAS THE OFFICIALCODE OFTHE
STATE OFMISSISSIPPI
BYTHE
1972 SESSION OFTHE LEGISLATURE
VOLUME TWO
JURISDICTION AND HOLIDAYS;
LEGISLATIVE DEPARTMENT;
EXECUTIVE DEPARTMENT; COURTS;
CIVIL PRACTICE AND PROCEDURE
§§ 3-1-1 to 11-5-167
CONTAININGPERMANENT PUBLIC STATUTES OF MISSISSIPPI
TO THE END OF THE 2002 REGULARAND
1ST EXTRAORDINARYLEGISLATIVE SESSIONS
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Copyright© 1972—2002
by
THE STATE OF MISSISSIPPI
All rights reserved.
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PREFACE
The Mississippi Code of 1972, which became effective on November 1,
1973, is the culmination of nearly four years of effort on the part of the
legislature, the attorney general's office and the publishers, which brings
together provisions ofgeneral statutory law having a common subject matter
into a more orderly and logical framework of code titles and chapters, and
employing a modern and effective section numbering system. A major by-
product of the code revision will the state-owned magnetic computer tape
containingtheMississippi Code of1972, whichwillbe ofinvaluable assistance
to the legislature and to the state.
The enabling act for the code was a recommendation of the Mississippi
StateBar,whichresultedintheconsiderationandpassageofSenateBill 1964,
Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams.
The Code Committee provided for in that act was comprised of A. F.
Summer, Attorney General, Heber Ladner, Secretary ofState, Representative
Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator
William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre-
sentative H. L. Meredith, Jr., Chairman, HouseJudiciary"A"andJudiciaryen
banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and
Judiciary en banc Committees, Representative Ney McKinley Gore, Jr.,
Chairman,HouseJudiciary"B"Committee, andSenatorWilliamE.Alexander,
Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby
RobertPenton and SenatorHerman B. Decell, Chairman ofHouse and Senate
Judiciary "B" Committees, respectively, became members of the Committee,
replacingRepresentative Gore and Senator Collins, SenatorAlexanderhaving
been appointed Chairman of Senate Judiciary "A" and Judiciary en banc
Committees. The DeputyAttorney General, Delos H. Burks, served the Code
Committee as Secretary. SpecialAssistantAttorneyGeneralFredJ. Lotterhos,
under the supervision of the Attorney General, was assigned the principal
responsibility for the supervision ofthe recodification, including the consider-
ation and treatment ofsome 16,000 sections ofcode manuscript.
Final legislative approval was given to the Mississippi Code of 1972 by
passage of Senate Bill 2034, Laws of 1972, which was signed by Governor
William L. Waller onApril 26, 1972. Acopy ofthat act is set out in Volume 1,
following the Publisher's Foreword.
The Code Committee is of the opinion that the recodification has been
thoroughly and well accomplished, and will result in a greatly improved
repository ofthe general statutory law ofthe state.
A. F. Summer
Attorney General
in

PUBLISHER'S FOREWORD
This 2002 Replacement Volume 2 ofthe Mississippi Code of 1972 Anno-
tated represents material appearing in both the original 1973 bound volume
and the 1991 Replacement Volume 2, as well as reflecting amendments,
repeals, and new Code provisions enacted by the Mississippi Legislature
through the 2002 Regular and 1st Extraordinary Legislative Sessions.
This volume contains the text ofTitles 3 through 9, and Title 11, Chapters
1 through 5 ofthe Mississippi Code of 1972 Annotated, as amended through
the 2002 Regular and 1st Extraordinary Legislative Sessions.
Case annotations are included based on decisions ofthe State and federal
courts in cases arisingin Mississippi. Many ofthese cases were decided under
the former statutes in effect prior to the enactment ofthe Code of1972. These
earlier cases have been moved to pertinent sections of the Code where they
may be useful in interpreting the current statutes. Annotations to collateral
research references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sources thatarereadtocreate annotationsforthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthemostrecentcases annotatedmaynotyethave printreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court and the Court ofAppeals with decision dates up toApril
30, 2002, and decisions ofthe appropriatefederal courtswithdecision dates up
to March 10, 2002. These cases will be printed in the following reporters:
Southern Reporter, 2nd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 5th Series: through 97 A.L.R.5th
American Law Reports, Federal Series: through 177 A.L.R.Fed
Mississippi College Law Review: through Volume 20, No. 1, p. 211
Mississippi Law Journal: through Volume 70, No. 2, p. 851
Finally, published Opinions ofthe Attorney General and opinions of the
Ethics Commission have been examined for annotations.
A
comprehensive Index appears at the end ofthis volume.
Publisher's Foreword
Visit the LexisNexis website at http://www.lexisnexis.com for an online
bookstore, technical support, customer support, and other company informa-
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For further information or assistance, please call us toll-free at (800)
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[email protected], or write to: Mississippi Code Editor, Lexis-
Nexis, P.O. Box 7587, Charlottesville, VA 22906-7587.
August 2002 LexisNexis
VI