MCA Chapter 27

in effect

Miss. Code Ann. § 65-27-1 Toll ferries and free ferries.

The board of supervisors may establish and license toll ferries, and fix the toll; and where the public convenience and travel justifies it, may establish and maintain free ferries, or in its discretion toll ferries at public expense; and the board of supervisors shall fix the salary of the ferryman or ferrymen to run such free or toll ferry. The board of supervisors may make allowance to pay for ferry boats and things to run same, and may establish ferries over rivers or other watercourses where public road is parallel with and on one bank of the river or watercourse, and public or private roads on the opposite bank.

Miss. Code Ann. § 65-27-3 Right of owner of the soil.

The owner of the soil over which any toll ferry, bridge, turnpike, causeway, or plank road is established shall have the preference over all other persons to be licensed to keep the same, upon complying with the law and the orders of the board of supervisors within the time fixed by the board.

Miss. Code Ann. § 65-27-5 Bond required of the keeper of a toll ferry.

Every person licensed to keep a toll ferry shall give bond, with two or more sufficient sureties, to be approved by the president and clerk of the board of supervisors, payable to the county, and in a penalty of not less than five hundred nor more than two thousand dollars, to be fixed by the board, conditioned to constantly provide and keep good and sufficient boats and appliances for the speedy and safe transportation of persons and property over the stream, to provide safe landings for the ferryboat, and in all things to comply with the law and the reasonable orders of the board regulating the keeping of the ferry; but saving to the keeper a reasonable time within which to repair damage done by sudden freshet, storm, or other unforeseen accident.

Miss. Code Ann. § 65-27-7 Bond may be sued on.

The bond given by the keeper of a toll ferry, bridge, turnpike, causeway, or plank road may be put in suit by the county, or by any person damaged, for a breach thereof; and the bond may be sued on from time to time until the whole penalty be recovered. The board of supervisors may require such bonds to be renewed when proper.

Miss. Code Ann. § 65-27-9 Penalties, forfeitures, and damages recovered.

All penalties and forfeitures incurred by the owner or keeper of a toll ferry, bridge, turnpike, causeway, or plank road may be recovered by suit on the bond of the owner or keeper, one half to go to the person who sues for it, the other half to be paid into the county treasury; and damages may likewise be recovered against such owner or keeper by suit on the bond.

Miss. Code Ann. § 65-27-11 Purchase of competing ferry.

Any county or municipality authorized to construct bridges and issue bridge revenue bonds to pay the cost thereof is hereby authorized to acquire by purchase any competing ferry or ferries within fifteen miles of any such bridge, and to include the cost thereof as a part of the cost of construction of such bridge.

Miss. Code Ann. § 65-27-13 Equipment for safe transportation by ferry.

The owner or keeper of every ferry shall at all times be provided with good and tight boats suited to the ferry, sufficient in size, strength, steadiness, and accommodation for the safe and speedy transportation of passengers, vehicles, horses, cattle, and goods, well furnished with all necessary machinery, oars, poles, and other appliances, and men, prudent, skilful and competent to such business and service; and the banks and landing places shall be kept in good order, so as to be safe and easy for travelers. If any owner or keeper of a ferry shall convey or attempt to carry any person over any ferry in a boat not good and sufficient and furnished and manned according to law, or without having such banks and landing places in good order, he shall be liable to a penalty of ten dollars for each offense, besides being liable to the parties injured for any damages sustained.

Miss. Code Ann. § 65-27-15 Duties of ferrymen.

Every ferryman shall give constant and diligent attendance at his ferry and shall not deny or unreasonably delay carrying over any passenger, horse, cattle, carriage, or goods; and all passengers shall be received into the ferryboat and carried over the ferry in the order of their arrival, or first coming to the ferry. Any ferryman offending against this provision shall forfeit the sum of ten dollars for every offense, and shall be liable to an action for damages at the suit of the party aggrieved; but a ferryman shall not be obliged to pass the ferry when it appears to be dangerous to do so on account of a storm or freshet. All public officers and such as go on public and urgent occasions – as posts, expresses, physicians, and the like – shall be carried over first, or with the first.

Miss. Code Ann. § 65-27-17 Table of rates of tolls kept exposed to view.

The owner or keeper of every toll ferry, bridge, turnpike, causeway, and plank road shall put up, in a convenient place, so as to be open and visible to travelers, a copy of the table of rates of toll established by the board of supervisors, printed, written, or painted in legible characters. For every day’s failure to put up and keep exposed to view such table of rates, and for every overcharge made by him, such owner or keeper shall forfeit and pay the sum of ten dollars.

Miss. Code Ann. § 65-27-19 Authority of ferryman over his boat.

Every ferryman shall have authority to keep out or put out of his ferry boat or other vessel any person who shall attempt or press to enter or stay in his boat or vessel contrary to his orders. Any person so doing, contrary to order, shall be guilty of a misdemeanor and, on conviction, be fined not less than five nor more than twenty-five dollars.

Miss. Code Ann. § 65-27-21 Right of landing in another county.

The owner or keeper of any ferry established according to law, on any stream of water being the dividing line between two counties, shall have the right of landing on the opposite side of the stream in the other county and to unload any passengers, wagons, carriages and their loading, and stock of all kinds without any hindrance or molestation. Any person hindering or molesting such landing or unloading shall forfeit and pay to the owner or keeper of the ferry the sum of ten dollars for each offense.