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CODE MISSISSIPPI 1972 Annotated Taxation ah4 Finance /§ 27-55-1 to\ \ §27-lllri ) 27 Title Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmscode197208b CODE MISSISSIPPI 1972 ANNOTATED ADOPTEDAS THE OFFICIALCODE OFTHE STATE OFMISSISSIPPI BYTHE 1972 SESSION OFTHE LEGISLATURE VOLUME EIGHT B TAXATION AND FINANCE §§ 27-55-1 to 27-111-1 CONTAININGPERMANENT PUBLIC STATUTES OF MISSISSIPPI TO THE END OF THE 2010 REGULARLEGISLATIVE SESSION AND 1st and 2nd EXTRAORDINARYSESSIONS LexisNexis( QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONSconcerningthispublication, orREPRINTPERMISSION,pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCEconcerningreplacementpages, shipments,billingorother matters, pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS,pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStatesandCanada 518-487-3000 Copyright © 2010 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burstlogo are registered trademarks, and Michie is a trademark ofReed ElsevierProperties, Inc., used underlicense. Matthew Bender is a registered trademarkofMatthew BenderProperties Inc. 4453610 ISBN 978-1-4224-9141-6 (Volume 8B) ISBN 978-0-3270-9628-3 (Code set) LexisNexis Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA22902-5389 www. com lexisnexis. (Pub.44510) 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 ofthe code revision will be the state-owned magnetic computer tape containingthe Mississippi Code of1972, whichwillbe ofinvaluable assistance to the Legislature and to the state. The enabling act for the code was a recommendation of the Mississippi State Bar, whichresultedinthe considerationandpassage ofSenateBill 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 Robert Penton and Senator Herman 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 hi PUBLISHER'S FOREWORD Volume 8B of the Mississippi Code of 1972 Annotated is a new volume, added in 2010. It contains material formerly appearing in the original 1973 bound Volumes 8, the 2006 Replacement Volume 8 and the 2008 Replacement Volume 8A, as well as reflecting amendments, repeals, and new Code provisions enactedbythe Mississippi Legislaturethroughthe 2010 Regular and 1st and 2ndExtraordinaryLegislative Sessions. Volume 8Bwas addedthisyearto accommodate the relocation ofall Title 27 provisions to a dedicated Volume 8 series (Volumes 8, 8A and 8B). Thisvolume contains the textofChapters 55 through 111 ofTitle 27 ofthe Mississippi Code of 1972 Annotated, as amended through the 2010 Regular and 1st and 2nd Extraordinary Legislative Sessions. Case annotations are included based on decisions ofthe State and federal courts in cases arising in 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 sourcesthatarereadto create annotationsforthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. Aconsequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecent cases 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 andthe CourtofAppeals with decision dates upto March 23, 2010, anddecisions ofthe appropriatefederal courtswith decision dates up to February 25, 2010. These cases will be printed in the following reporters: Southern Reporter, 3rd 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, 6th Series American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Publisher's Foreword Finally, published Opinions ofthe Attorney General and opinions ofthe Ethics Commission have been examined for annotations. Acomprehensive Index appears at the end ofthis volume. Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company information. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, Lexis- Nexis, 701 E Water Street, Charlottesville, VA 22902-5389. October 2010 LexisNexis VI User's Guide This guide is designed to help both the lawyer and the layperson get the most out of the Mississippi Code of 1972 Annotated. Information about key features ofthe Code and suggestions for its more effective use are given under the following headings: — Advance Code Service — Advance Sheets — Amendment Notes — Analyses — Attorney General Opinions — Code Status — Comparable Legislation from other States — Court Rules — Cross References — Editor's Notes — Effective Dates — FederalAspects — Index — Joint Legislative Committee Notes — Judicial Decisions — Organization and Numbering System — Placement ofNotes — Replacement Volumes — Research and Practice References — Source Notes — Statute Headings — Tables Ifyou have a question not addressed by the User's Guide, or comments about your Code service, you may contact us by calling us toll-free at (800) 833-9844, faxing us toll-free at (800) 643-1280, e-mailing us at [email protected], or writing to Mississippi Code Editor, LexisNexis, 701 E Water Street, Charlottesville, VA 22902-5389. ADVANCE CODE SERVICE Three times a year, at roughly quarterly intervals between delivery of Code supplement pocket parts, we publish the Mississippi Advance Code Service pamphlets. These pamphlets contain updated statutory material and annotations to Attorney General opinions, research and practice references, and recent court decisions construing the Code. Each pamphlet is cumulative, so that each is a "one-stop" source ofcase notes updating those in your Code bound volumes and pocket parts. ADVANCE SHEETS TheAdvance Sheets consist ofa series ofpamphlets issued in the spring. The series reproduces the acts passed by the Mississippi Legislature and Vll User's Guide approved by the Governor during the legislative session. Features include tables showing the impact oflegislation on sections ofthe Mississippi Code of 1972Annotated, and a cumulative index. These pamphlets enable the user to receive a preview ofapproved legislation prior to supplement availability, and serve as an excellent source oflegislative history. AMENDMENT NOTES Everytime a Code provision is amended, we prepare a note describingthe effect ofthe amendment. By reading the note, you can ascertain the impact of the change without having to check the former statute itself. Amendmentnotes are retainedinthe Supplementuntil theboundvolume is replaced, at which time notes from all but the last two years are deleted. Amendment notes are available online from 1991 until the present in the Mississippi Legislative Archive. ANALYSES Each title, chapter, and article appearing in a bound volume or supplement is preceded by an analysis. The analysis details the scope of the title, chapter, and article and enables you to see at a glance the content ofthe title, chapter, and article without resorting to a page-by-page examination in the bound volume or supplement. ATTORNEY GENERAL OPINIONS Opinions ofthe Attorney General for the State ofMississippi have been read for constructions ofMississippi law. Notes describing the subject matter of the opinions have been placed under relevant Code provisions under the heading "Attorney General Opinions." The citation at the end of each note refers to the person requesting the opinion, the date ofthe opinion, and the opinion number. CODE STATUS The Mississippi Code of1972Annotatedis Mississippi's official code andis considered evidence ofthe statute law ofthe State ofMississippi (see § 1-1-8). The Code was enacted by Chapter 394 ofthe Laws of 1972, which was signed by the Governor onApril 26, 1972. Title 1, Chapters 1 through 5 ofthe Code contain statutes governing the status and construction ofthe Code. COMPARABLE LEGISLATION FROM OTHER STATES Notes tocomparable legislationfromotherstates appearforuniformlaws, interstate compacts, statutory provisions pertainingto reciprocity and cooper- viii