Fees

Miss. Code Ann. tit. 25, ch. 7
in effect

Miss. Code Ann. § 25-7-1 Lawful to demand specific fees only.

It shall be lawful for the Clerk of the Supreme Court, the clerks of the circuit and chancery courts, the clerks of the justice court, masters and commissioners in chancery, sheriffs, constables, justice court judges, notaries public, and other officers and persons named in this chapter to demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more.

Miss. Code Ann. § 25-7-3 Clerk of the Supreme Court.

The Clerk of the Supreme Court shall charge the following fees: General docket fee, for filing the record on appealin a civilor criminal case. . . . .$ 200.00 Miscellaneous docket fee. . . . . 50.00 Confidential miscellaneous docket fee. . . . . 200.00 Admission of new attorneys. . . . .30.00 Act of Congress certificate. . . . .25.00 Certificate of admission replacement. . . . .25.00 Certificate of good standing replacement. . . . .10.00 Attest stamp. . . . .5.00 Order from Minute Book. . . . .10.00 Regular copying. . . . ..50 per page Copying from bound volumes or records. . . . . 2.00 per page Copy of mandate. . . . . 10.00 Minimum copy charge . . . . .1.00 Notary fee. . . . .2.50 Decision list charge . . . . .5.00 Handling charge and retrieval and delivery charges on completed Supreme Court records (to be retained out of deposit) On-site retrieval. . . . .10.00 Off-site retrieval. . . . .15.00 Forfeited deposits on completed Supreme Court records. . . . .100.00 Petition for rehearing . . . . .50.00 Said general docket fee shall be collected from the appellant by the clerk of the lower court and forwarded to the Clerk of the Supreme Court. The Clerk of the Supreme Court shall charge the maximum amount allowable by law for services rendered where charges for such services are provided by statute; for any other services rendered, the amount charged shall be consistent with the cost of providing such services. All fees shall be paid in the form of cash, cashier’s check, or money order or by a check on the account of an attorney payable to the Clerk of the Supreme Court. All fees authorized to be assessed and collected by the Clerk of the Supreme Court shall be deposited into the State General Fund, except that One Hundred Dollars ($100.00) of the general docket fee set under paragraph (a), Twenty-five Dollars ($25.00) of the miscellaneous docket fee set under paragraph (b), One Hundred Dollars ($100.00) of the confidential miscellaneous fee set under paragraph (c), Fifteen Dollars ($15.00) of the act of Congress certificate set under paragraph (e), Ten Dollars ($10.00) of the certificate of admission replacement set under paragraph (f), Two Dollars and Fifty Cents ($2.50) of the attest stamp set under paragraph (h), Five Dollars ($5.00) of the order from minute book set under paragraph (i), Seven Dollars ($7.00) of the copy of mandate set under paragraph (l), Fifty Dollars ($50.00) of the forfeited deposits on completed Supreme Court records set under paragraph (q), Twenty-five Dollars ($25.00) of the petition for rehearing fee under paragraph (r), and the total amount charged for any other services rendered shall be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45.

Miss. Code Ann. § 25-7-5 Payment of fee for recording opinions.

The fees of the Clerk of the Supreme Court for recording opinions as required by law shall be payable semiannually out of the state treasury from the proper appropriation, on the certificate of either of the judges of the Supreme Court that the service has been well performed and that the account is true, correct, and just.

Miss. Code Ann. § 25-7-7 Fees due from state or county.

The clerk of the Supreme Court shall make out a separate, detailed account of fees adjudged against the state, in cases where the state fails in the prosecution or suit or in case of felony where the defendant appeals on pauper oath and the costs cannot be made out of his estate, or against any county, and due him in civil or criminal cases, keeping the fees in each case separate, and shall present it to the attorney general, who shall examine the fee bill in each case and approve it if found to be correct. The fee bill thus approved shall be presented to the supreme court for allowance. If the court allow the same, it shall direct in criminal cases that it be paid out of the county treasury of the county where the prosecution was begun, on the order of the board of supervisors thereof; and in civil cases, that it be paid out of the state or county treasury, as the case may be. The board of supervisors shall allow said claim for fees against the county on presentation of a duly certified copy of the judgment of the supreme court ordering the same to be paid; and the auditor shall issue a warrant, on the order of the supreme court, for such costs against the state in civil cases to be paid by the state treasurer out of the proper appropriation.

Miss. Code Ann. § 25-7-9 Clerks of the chancery court.

[Effective from and after January 1, 2020, this section will read as follows:] The clerks of the chancery courts shall charge the following fees: For the act of certifying copies of filed documents, for eachcomplete document. . . . .$ 1.00 Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5) pages. . . . .$ 25.00 Each additional page. . . . .$ 1.00 Each additional page. . . . . $ 1.00 Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first fifteen (15) pages . . . . .$18.00 Sectional index entries per section or subdivision lot. . . . .$ 1.00 Recording each oil and gas assignmentper assignee per each book and page listed. . . . .$ 18.00 If performed by the clerk or his employee, per page. . . . .$ .50 If performed by any other person,. . . . .$ .25 Furnishing copies of any papers of record or on file: Entering marginal notations on documents of record. . . . . . . .. . . . .$ 1.00 For each day’s attendance on the board of supervisors, for himself and one (1) deputy, each. . . . .$ 20.00 For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury,an annual sum not exceeding. . . . .$ 3,000.00 For each day’s attendance on the chancery court, to be approved by the chancellor: For the first chancellor sitting only, clerk and two (2) deputies, each. . . . .$ 85.00 For the second chancellor sitting, clerk only. . . . .$ 85.00 Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court. On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records. For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding . . . . . $ 5,000.00 For each civil filing, to be deposited into the Civil Legal Assistance Fund . . . . .$ 5.00 The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded. The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee. . . . .$ 85.00 For every civil case filed: An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14 . . . . .$ 10.00 An additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45 . . . . .$ 40.00 Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.

Miss. Code Ann. § 25-7-10 Additional allowance for chancery court clerks in certain counties.

In counties having two (2) judicial districts and having a regularly appointed deputy chancery court clerk, the chancery court clerk may be allowed One Thousand Dollars ($1,000.00) per month. This amount may be allowed and paid monthly to the chancery court clerk by the board of supervisors of each county affected by this section out of the general fund of the county and may be in addition to all other allowances not provided by law.

Miss. Code Ann. § 25-7-11 Recording fees itemized.

The chancery clerk shall itemize on the record, following the instrument recorded by him, a detailed fee bill of all charges due or paid for filing and recording same. A fee bill shall not be allowed him for a receipt given for the deed or other instrument unless the same shall be demanded, and such fee shall not be due until the clerk shall have complied with all the provisions of the law on the subject of the record of instruments.

Miss. Code Ann. § 25-7-13 Clerks of the circuit court.

[Effective from and after January 1, 2020, this section shall read as follows:] The clerks of the circuit court shall charge the following fees: Docketing, filing, marking and registering eachcomplaint, petition and indictment. . . . .$ 85.00 The fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of collection. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee. Docketing and filing each motion to renew judgment,notice of renewal of judgment, suggestion for a writ of garnishment,suggestion for a writ of execution and judgment debtor actions andissuing all process, filing and recording orders or other papers andswearing witnesses. . . . .$ 35.00 For every civil case filed, an additional fee to be depositedto the credit of the Comprehensive Electronic Court SystemsFund established in Section 9-21-14 . . . . .$ 10.00 For every civil case filed, an additional fee to bedeposited to the credit of the Judicial System Operation Fundestablished in Section 9-21-45 . . . . .$ 40.00 Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees: Filing and marking each order or other paper andrecording and indexing same. . . . .$ 2.00 Issuing each writ, summons, subpoena, citation,capias and other such instruments. . . . .$ 1.00 Administering an oath and taking bond. . . . .$ 2.00 Certifying copies of filed documents, for each complete document. . . . .$ 1.00 Recording orders, fiats, licenses, certificates, oaths and bonds: First page. . . . .$ 2.00 Each additional page. . . . .$ 1.00 Furnishing copies of any papers of record or on file and entering marginal notations on documents of record: If performed by the clerk or his employee, per page. . . . .$1.00 If performed by any other person, per page. . . . .$.25 Judgment roll entry. . . . .$ 5.00 Taxing cost and certificate. . . . .$ 1.00 For taking and recording application for marriage license,for filing and recording consent of parents when required by law, forfiling and recording medical certificate, filing and recording proof ofage, recording and issuing license, recording and filing returns. . . . .$35.00 The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis. For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health. For public service not particularly provided for, thecircuit court may allow the clerk, per annum, to be paid by thecounty on presentation of the circuit court’s order, the followingamount. . . . .$5,000.00 However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district. For drawing jurors and issuing venire, to be paid by the county. . . . .$ 5.00 For each day’s attendance upon the circuit court term,for himself and necessary deputies allowed by the court, each tobe paid by the county. . . . .$75.00 Summons, each juror to be paid by the county upon theallowance of the court. . . . .$ 1.00 For issuing each grand jury subpoena, to be paid bythe county on allowance by the court, not to exceed Twenty-fiveDollars ($25.00) in any one (1) term of court. . . . .$ 1.00 For each civil filing, to be deposited into the CivilLegal Assistance Fund. . . . .$ 5.00 On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records. The clerk’s fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page. The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums. For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify. The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.

Miss. Code Ann. § 25-7-14 Prepayment of chancery or circuit court fees by state or political subdivision.

Neither the state, nor any county, city, town, or village, nor any state board, nor any state, county, city, town, or village officer, in his official character, may be required to prepay the cost of filing a document or an instrument with, or obtaining a copy of any filed document or instrument obtained from, the office of the chancery or circuit clerk. If the cost for filing a document or an instrument or obtaining a copy of a document or instrument is not paid at the time of filing or obtaining a copy of the document or instrument, then the clerk shall furnish an itemized statement and payment shall be paid in the same manner as other claims are paid by the governing body or official having authority to pay claims against the governing body.

Miss. Code Ann. § 25-7-15 Allowances for deputy circuit court clerks.

In counties having two (2) judicial districts and having a regularly appointed deputy circuit court clerk who shall serve in the judicial district of the county other than the judicial district of the county in which the circuit court clerk resides, the circuit court clerk shall be allowed One Thousand Dollars ($1,000.00) per month. This amount shall be allowed and paid monthly to the circuit court clerk by the board of supervisors of each county affected by this section out of the general fund of the county and shall be in addition to all other allowances now provided by law. The boards of supervisors of every county shall pay to the circuit clerk the sum of Seven Hundred Dollars ($700.00) for each session of the grand jury for preparing the grand jury docket, subpoenas, calendar and related services. The circuit clerks of every county having an assessed valuation in excess of Sixty-five Million Dollars ($65,000,000.00) at the last federal census and having located therein two (2) municipalities with population in excess of thirty thousand (30,000) respectively at the last federal census and bordering on the Gulf of Mexico, of every county bordering on the Gulf of Mexico and the State of Alabama, and of counties having a population in excess of one hundred fifty thousand (150,000) according to the federal census of 1960, and any county with a population in excess of sixty-five thousand (65,000) at the last federal census of 1970 and having an assessed valuation in excess of One Hundred Twenty-five Million Dollars ($125,000,000.00) according to the 1975 assessment, shall receive a sum of not less than Twelve Thousand Dollars ($12,000.00) annually for employment of deputies whose duties are devoted substantially to registration of voters. The sum shall be payable monthly out of any available funds in the county treasury.

Miss. Code Ann. § 25-7-17 Fees of circuit clerks in certain municipal appeals.

The clerk of the circuit court of any county in Mississippi in which is located a municipality with a population of seventy-five hundred (7,500) or more, according to the last federal census, may be allowed an amount not exceeding Five Hundred Dollars ($500.00) for any one year to be paid out of the municipal treasury of said municipality on the filing of an itemized account of fees in each special case appealed from any city, where said case is disposed of by nolle prosequi, passed to files, or verdict of not guilty. Said fee bills shall be approved by the city attorney for payment and shall be presented to the municipal council or board of aldermen of said municipality for allowance, in the discretion of said council or board. This section shall not apply to counties wherein is located a municipality of less than ten thousand (10,000) and more than seventy-five hundred (7,500) population, in which said county there has been created and maintained a county court under Chapter 9, Title 9, of the Mississippi Code of 1972.

Miss. Code Ann. § 25-7-19 Sheriffs.

[Effective from and after January 1, 2020, this section will read as follows:] The sheriffs of the various counties of the State of Mississippi shall charge the following fees: A uniform total fee in all criminal and civil cases for the service or attempted service of any process, summons, warrant, writ or other notice as may be required by law or the court, each. . . . . $ 45.00 In all cases where there is more than one (1) defendant residing at the same household, service on each additional defendant. . . . .$ 5.00 After final judgment has been enrolled, notice of further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings, shall be deemed a new suit and the sheriff shall be entitled to the following fee. . . . .$ 45.00 Taking bonds of every kind (for purposes of this fee multiple bonds for criminal charges arising out of a single incident or transaction shall be considered a single bond). . . . .$ 25.00 Attendance in habeas corpus proceeding in vacation, eminent domain court and commitment cases. . . . .$ 25.00 On all money made by virtue of any decree, execution or attachment, or other process, the following commissions, to wit: On the first One Hundred Dollars ($100.00), five percent (5%), On the second One Hundred Dollars ($100.00), four percent (4%), On all sums over Two Hundred Dollars ($200.00), three percent (3%). For all service of all process of every kind and nature issued from without the county wherein it is to be served, a fee of. . . . .$ 45.00 In civil cases, all process sent out of the county, where issued to another county for service, shall be accompanied by a fee of Forty-five Dollars ($45.00) to pay the sheriff’s fee for his execution of such process unless the clerk or justice shall endorse on the process that the party at whose instance it issued had filed an affidavit of inability to pay costs thereof. All fees sent and unearned, and the whole of it, shall be unearned if the writ be not legally and properly executed and returned, and shall be remitted by the sheriff with the writ at his own expense. The sheriff shall keep a complete account of every fee of every nature, commission or charge collected by him, and shall file an itemized statement thereof monthly, under oath, with the clerk of the board of supervisors of his county who shall preserve same as a part of the records of his office, and he shall make a remittance to the clerk of the board of supervisors of his county on or before the fifteenth of each month for deposit into the general fund of the county of all said fees, commissions and charges collected during the preceding month. A fee for attempted service of process is unearned absent two (2) documented actual attempts to serve the process. At least Ten Dollars ($10.00) from each fee collected and deposited into the county’s general fund under the provisions of paragraphs (a), (c) and (g) of subsection (1) of this section shall be used for the sheriffs’ salaries authorized in Section 25-3-25, as such Ten Dollar ($10.00) amount was authorized during the 2007 Regular Session in Chapter 331, Laws of 2007, for the purpose of providing additional monies to the counties for sheriffs’ salaries. Any sheriff who shall knowingly fail to collect any fee established by law which was in fact collectible by him or having collected the fee shall fail to keep account of such fee or fail to deposit the fee with the clerk of the board of supervisors as provided by subsection (2), or such other person or office entitled thereto, shall be guilty of a misdemeanor in office and, upon conviction therefor, shall be fined in an amount not to exceed double the amount he failed to collect or pay over, or imprisoned for not to exceed six (6) months in the county jail, or be punished by both such fine and imprisonment. This provision shall in no way lessen the sheriff’s civil liability on his bond, but shall be an additional penalty for misfeasance or nonfeasance in office.

Miss. Code Ann. § 25-7-21 Tax collectors.

From and after October 1, 1985, there will be no fees for the services of the tax collector, with the exception of taxes collected for taxing authorities other than the board of supervisors. For collecting taxes for authorities other than the board of supervisors, the fee shall be five percent (5%) of the taxes collected or an amount authorized by contract between the county and the outside taxing authority. A tax collector shall keep a complete account of every such fee collected and shall file an itemized statement thereof monthly, under oath, with the clerk of the board of supervisors of the county who shall preserve same as a part of the records of the office. The tax collector shall make a remittance to the clerk of the board of supervisors of the county on or before the twentieth of each month for deposit into the general fund of the county of all said fees collected during the preceding month. For the purpose of the limitations set forth in Section 27-39-321, commissions for levies set by the board of supervisors shall be added to base collections of the general county fund for the 1984-1985 year only. Fees of publisher for publication – To the publishers, payable by the delinquent taxpayer, and to be collected and paid over by the tax collectors; or if the land be sold to the state to be paid by the state: For each separate publication advertising lands for sale for taxes, for each separately described subdivision, as described and set out in the assessment rolls for the county. . . . .$ 1.50 Fees of chancery clerk for collection of delinquent taxes: For abstracting the list of lands sold for taxes, for each separately described section or subdivision lot. . . . .$ 1.00 For filing and recording deed to land sold for taxes. . . . .$10.00 For abstracting each deed in the sectional index, per section or subdivision lot. . . . .$ 1.00 For recording redemption of each. . . . .$10.00 For abstracting each redemption in the sectional index, per section or subdivision lot. . . . .$ 1.00 And, in addition, three percent (3%) on the amount necessary to redeem. The several officers’ fees shall be collected by the tax collector or chancery clerk and paid over to those entitled to same.

Miss. Code Ann. § 25-7-23 Repealed.

Repealed by Laws, 1986, ch. 459, § 44, eff from and after July 1, 1986. [Codes, 1880, § 449; 1892, § 2005; 1906, § 2181; Hemingway’s 1917, § 1862; 1930, § 1791; 1942, § 3939; Laws, 1958, ch. 324, § 1; 1968, ch. 425, § 1; 1974, ch. 427]

Miss. Code Ann. § 25-7-25 Justice courts.

Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10: A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, except as hereinafter stated, each. . . . .$25.00 For more than one (1) defendant, for service of process on each defendant. . . . .5.00 After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings. . . . .15.00 For all services in connection with the issuance of a peace bond. . . . .25.00 For celebrating a marriage, and certificate thereof. . . . .10.00 Commission to take depositions. . . . .5.00 Appeal with proceedings and bond. . . . .5.00 A clerk’s fee to be collected in all criminal cases in which the defendant is convicted, as follows: For all violations in Title 63 other than driving under the influence of intoxicating liquor or reckless driving. . . . .5.00 All other criminal cases. . . . .25.00 The justice court shall have the power to impose a fee not to exceed Fifty Dollars ($50.00) for an expungement or dismissal of any criminal affidavit, complaint or charge. In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.

Miss. Code Ann. § 25-7-27 Marshals and constables.

[Effective from and after January 1, 2020, this section will read as follows:] Marshals and constables shall charge the following fees: In all civil and criminal cases, for each service of process, summons, warrant, writ or other notice. . . . .$45.00 In all cases where there is more than one (1) defendant residing at the same household, for service on each additional defendant. . . . .$ 5.00 For service of each process of every kind and nature issued from outside the county where it is to be served, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed. When a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry on oath thereof of the marshal or constable, as the case may be, charged with serving such process, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed. When process has been attempted in one (1) county but the defendant is not found, and process must be served on that defendant in another county, the clerk shall notify the complaining party that an additional fee or fees must be paid before the process can be delivered to the other county. After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee. . . . .$45.00 For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2). To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs. For other service, the same fees allowed sheriffs for similar services. For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the amount provided under Section 19-25-31 for each day, or part thereof, for which he serves as bailiff when the court is in session. For serving all warrants and other process and attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually. . . . .$2,500.00 Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case. In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).

Miss. Code Ann. § 25-7-29 Notaries public.

Notaries public may charge a fee in an amount of not less than Two Dollars ($2.00) nor more than Five Dollars ($5.00) for services rendered, including the performance of any of the following duties: Protesting bill or note for nonacceptance or nonpayment, and giving notice; Registering such protest and making record; Attesting letters of attorney and seal; Notarial affidavit to an account or other writing and seal; Each oath or affirmation and seal; Notarial procuration and seal; Certifying sales at auction and seal; Taking proof of debts to be sent abroad; Protest in insurance cases and seal; Copy of record and affidavit; or Absentee ballot applications and ballots.

Miss. Code Ann. § 25-7-31 Officers taking depositions.

Officers taking depositions shall charge the following fees: For administering oath, and certificate of the same. . . . .$ .50 For writing or copying the deposition, if required to do so, for each hundred words. . . . . .10

Miss. Code Ann. § 25-7-33 Officers taking acknowledgments.

For taking proof or acknowledgment of any writing concerning real or personal estate, and certificate thereof for each party, the same fee to all officers for the same service. . . . .$ .25

Miss. Code Ann. § 25-7-35 Commissioners, referees, auditors, and arbitrators.

The court in which the cause is pending, or the chancellor or judge thereof in vacation, shall fix and allow reasonable compensation for commissioners, referees, auditors, and arbitrators; and such compensation shall be taxed and collected as costs in the suit.

Miss. Code Ann. § 25-7-37 County surveyors.

The fees charged by a county surveyor shall be those fees agreed to between the county surveyor and the party engaging his or her services.

Miss. Code Ann. § 25-7-39 Payment of surveyor fees.

The fees chargeable by the surveyor shall be paid by the parties engaging his services. When the services are rendered in obedience to an order of court in a suit therein pending, the surveyor shall state an account of the fees for services, written on the back of one (1) of the plats by him returned to the court, and the same shall be allowed in the bill of costs and taxed as other costs.

Miss. Code Ann. § 25-7-41 Rangers.

Rangers shall be entitled to the following fees: For taking the information of the taker up of animal, and issuing summons for appraisers. . . . .$ .50 For registering the certificate. . . . . .50 Advertising estray. . . . .1.00 For making sale. . . . . .50 And ten per centum commissions on the amount of sales. For taking proof of title, and order for delivery of estray to the owner. . . . . .50 And there shall be allowed to the taker up the sum of five dollars and his necessary expenses for keeping the estray; but if two or more estrays of the same species are taken up by the same person at the same time, they shall be included in one information, registry, and advertisement, and fees shall be allowed to the ranger and taker up as for only one; and when an estray shall be valued at more than Twenty Dollars ($20.00), an allowance shall not be made to the taker up, except the sum of Five Dollars ($5.00) herein allowed for taking up the estray, until the same shall be approved by the board of supervisors, and in no case shall the taker up receive more than half of the proceeds of sale. And allowance shall not be made to the taker up for keeping the estray when the use of the same is equal to the expense of keeping. For appraising estrays, to each appraiser. . . . . .50

Miss. Code Ann. § 25-7-43 Fees for approving bond of county officer.

The president of the board of supervisors, or other officer approving the bond of any officer, shall be entitled to a fee of One Dollar ($1.00) for each bond; and where two (2) officers are engaged in approving such bond, they shall be entitled to share such fee equally. All bonds required by law to be made by assessors, chancery clerks, circuit clerks, sheriffs, tax collectors, county superintendents of education, and members of the board of supervisors shall be made in a surety company authorized to do business in this state, and the premiums thereon shall be paid out of the treasuries of the respective counties; but the fees for the approval of same shall be paid by the officer, as in other bonds.

Miss. Code Ann. § 25-7-47 Witness fees.

Witnesses in the county, circuit, chancery and justice courts shall receive the same pay per day as is set by the board of supervisors under Section 25-7-61 for service as a juror plus mileage as authorized under Section 25-3-41 for each mile going to and returning from the courthouse to their homes by the nearest route, and such tolls and ferriages as they may actually be obliged to pay; but a charge shall not be made for mileage except that traveled in this state. Witnesses in all other cases shall receive the same compensation as they receive before the circuit court. It shall not be necessary to issue subpoenas for police officers as witnesses in city cases of cities having a population of more than ten thousand (10,000) according to the federal census of 1930; and officers, when used as witnesses in cases, are not to be allowed witness fees. A law enforcement officer who has retired or otherwise ceased employment as a law enforcement officer but who is required to testify in any case based on matters that arose during the course of the officer’s employment shall be entitled to the same compensation and expenses from the former employing law enforcement agency as an officer on active duty under the same circumstances.

Miss. Code Ann. § 25-7-49 Law enforcement officers to receive no witness fees in criminal cases.

It shall be unlawful for any sheriff, deputy sheriff, constable, police officer, marshal, county patrolman, or any other state, county, or municipal peace or law enforcement officer to receive any fee as a witness in any criminal case in this state. The provisions of this section shall apply only when such officers are witnesses in the county or district in which such officer is serving. Any person who shall violate the provisions of this law shall, upon conviction, be punished by a fine of not more than One Hundred Dollars ($100.00).

Miss. Code Ann. § 25-7-51 Certificates for witness fees in civil cases.

The fees to which a witness may be entitled in a civil case shall be allowed on the affidavit of the witness, stating the number of days he has attended and the amount of mileage, toll, and ferriage to which he is entitled, to be taken and preserved by the clerk of the court, master, or other officer before whom the witness was called to testify; and a certificate of the allowance shall be given to the witness. A witness shall be entitled to demand, at the expiration of each day, his compensation for attending on that day; and if the same be not paid, the witness shall not be obliged to attend further until the compensation for his previous attendance shall be paid, unless the party liable make and file an affidavit of his inability to pay. The party paying a witness attending on his behalf may file the certificate of the witness among the papers in the cause and, if he recover costs therein, the amount shall be taxed in the bill of costs. Any witness may sue for and recover from the party on whose behalf he was summoned the amount specified in his certificate. Where a witness holds a certificate and the same has been duly entered on the witness docket, it may be taxed and collected as other costs.

Miss. Code Ann. § 25-7-53 Forfeiture of witness fees.

A witness shall not be entitled to charge for his attendance in a civil case at any term of the court unless he shall, during the term or within five (5) days thereafter, prove his attendance and obtain a certificate in the manner directed; nor in any case, civil or criminal, shall a witness who does not appear in court when called, or who is so intoxicated as to be disqualified from testifying, be entitled to receive compensation.

Miss. Code Ann. § 25-7-55 Witness to have only one fee for same time.

A witness shall not be allowed compensation for his attendance in more than one case or on more than one side of the same case at the same time, but he may elect in which of several cases and on which side of a case in which he is summoned for both sides, to claim his attendance. The party who pays a witness shall be entitled to recover of the parties in other cases who were liable to such witness a just proportion of the amount to which the witness was entitled for his attendance as the witness of such parties during the same time; and a person who is compelled to attend court on other business shall not be paid as a witness.

Miss. Code Ann. § 25-7-57 Witness in criminal cases.

Witnesses in criminal cases shall be allowed the same compensation as in civil cases, but the prosecutor shall not be allowed compensation as a witness, nor shall any person be allowed for his attendance as a witness in more than one criminal case on the same day. The compensation of witnesses on behalf of the state shall be allowed in open court, the order therefor entered upon the minutes, and a certificate of same shall be delivered to the party entitled thereto. Said certificate shall be negotiable and shall be paid by the county treasurer of the county in which the offense was committed upon presentation by the payee or the holder in due course. The clerk shall keep an account of all such certificates and shall tax the amount thereof in the bill of costs if the defendant shall be sentenced to pay the costs and, when collected, the same shall be paid into the county treasury. A witness shall not receive compensation for attendance before the grand jury.

Miss. Code Ann. § 25-7-59 Report of witness certificates payable out of county treasury.

The circuit clerk shall, within thirty (30) days after the adjournment of each term of the circuit court, make a report in writing to the county auditor of all witness certificates issued by him, payable out of the county treasury, which report shall state the name of each witness, the case, the date, and the amount of each certificate. Said report shall be certified by him under his official seal, and the county auditor shall enter the same upon the proper record in his office.

Miss. Code Ann. § 25-7-61 Jurors; Lengthy Trial Fund.

[From and after January 1, 2008, or such time as the Lengthy Trial Fund is fully funded by a specific appropriation of the Legislature, whichever is later, this section shall read as follows:] Fees of jurors shall be payable as follows: Grand jurors and petit jurors in the chancery, county, circuit and special eminent domain courts shall be paid an amount to be set by the board of supervisors, not to be less than Twenty-five Dollars ($25.00) per day and not to be greater than Forty Dollars ($40.00) per day, plus mileage authorized in Section 25-3-41. In the trial of all cases where jurors are in the charge of bailiffs and are not permitted to separate, the sheriff with the approval of the trial judge may pay for room and board of jurors on panel for actual time of trial. No grand juror shall receive any compensation except mileage unless the juror has been sworn as provided by Section 13-5-45; and no petit juror except those jurors called on special venires shall receiveany compensation authorized under this subsection except mileage unless the juror has been sworn as provided by Section 13-5-71. Jurors making inquisitions of intellectual disability, mental illness or unsound mind and jurors on coroner’s inquest shall be paid Five Dollars ($5.00) per day plus mileage authorized in Section 25-3-41 by the county treasurer on order of the board of supervisors on certificate of the clerk of the chancery court in which the inquisition is held. Jurors in the justice courts shall be paid an amount of not less than Ten Dollars ($10.00) per day and not more than Fifteen Dollars ($15.00) per day, to be established by the board of supervisors. In all criminal cases in the justice court in which the prosecution fails, the fees of jurors shall be paid by the county treasurer on order of the board of supervisors on certificate of the county attorney in all counties that have county attorneys, otherwise by the justice court judge. Any juror may return the fees provided as compensation for service as a juror to the county that paid for the person’s service as a juror. The fees returned to the county may be earmarked for a particular purpose to be selected by the juror, including: The local public library; Local law enforcement; The Mississippi Burn Care Fund created in Section 7-9-70; or Any other governmental agency. The Administrative Office of Courts shall promulgate rules to establish a Lengthy Trial Fund to be used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors in civil cases for more than ten (10) days. The Uniform Circuit and County Court Rules shall provide for the following: The selection and appointment of an administrator for the fund. Procedures for the administration of the fund, including payments of salaries of the administrator and other necessary personnel. Procedures for the accounting, auditing and investment of money in the Lengthy Trial Fund. A report by the Administrative Office of Courts on the administration of the Lengthy Trial Fund in its annual report on the judicial branch, setting forth the money collected for and disbursed from the fund. The Lengthy Trial Fund Administrator and all other necessary personnel shall be employees of the Administrative Office of Courts. The administrator shall use any monies deposited in the Lengthy Trial Fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten (10) days. To the extent funds are available in the Lengthy Trial Fund, and in accordance with any rules or regulations promulgated by the Administrative Office of Courts, the court may pay replacement or supplemental wages out of the Lengthy Trial Fund not to exceed Three Hundred Dollars ($300.00) per day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by virtue of having served on a jury for more than ten (10) days, the court, upon finding that the service posed a significant financial hardship to a juror, even in light of payments made with respect to jury service after the tenth day, may award replacement or supplemental wages out of the Lengthy Trial Fund not to exceed One Hundred Dollars ($100.00) per day from the fourth to the tenth day of jury service. Any juror who is serving or has served on a jury that qualifies for payment from the Lengthy Trial Fund, provided the service began on or after January 1, 2008, may submit a request for payment from the Lengthy Trial Fund on a form that the administrator provides. Payment shall be limited to the difference between the jury fee specified in subsection (1) of this section and the actual amount of wages a juror earns, up to the maximum level payable, minus any amount the juror actually receives from the employer during the same time period. The form shall disclose the juror’s regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and thereafter, the amount of replacement or supplemental wages requested, and any other information the administrator deems necessary for proper payment. The juror also shall be required to submit verification from the employer as to the wage information provided to the administrator, for example, the employee’s most recent earnings statement or similar document, before initiation of payment from the fund. If an individual is self-employed or receives compensation other than wages, the individual may provide a sworn affidavit attesting to his or her approximate gross weekly income, together with such other information as the administrator may require, in order to verify weekly income. Nothing in this section shall be construed to impose an obligation on any county to place monies in the Lengthy Trial Fund or to pay replacement or supplemental wages to any juror from county funds.

Miss. Code Ann. § 25-7-63 Determination of compensation of jurors.

The amount of compensation due to each grand juror, petit juror, and juror summoned on a special venire and regularly discharged by the court shall, after the discharge of such juror, be determined on the oath of the juror, allowed in open court, and entered on the minutes thereof. The clerk shall thereupon give a certificate of the same to the juror, and said certificate shall be negotiable and shall be paid by the county treasurer upon presentation by the payee or the holder in due course. In all other cases the court or officer before whom the juror serves shall determine the sum due and give certificate accordingly.

Miss. Code Ann. § 25-7-65 Printers and publishers.

Printers and publishers shall be entitled to the following fees: For publishing in a newspaper any summons, order, citation, advertisement or notice required by law to be published in a newspaper, Twelve Cents (12¢) for each word it contains for the first insertion, and Ten Cents (10¢) for each of the words for each subsequent insertion required by law; however, as an alternative, such printers and publishers may charge such fees per line which are acceptable to the party placing the publication not to exceed the Twelve Cents (12¢) and Ten Cents (10¢) per word as set out in this subsection. When four (4) or more numerals appear consecutively in any such legal publication, four (4) numerals shall be considered as one (1) word, and if there remains a fractional portion of such unit of four (4) numerals therein such fraction shall also be counted as one (1) word. In the case of numbers containing less than four (4) numerals which are isolated from other numerals by words in such publication, the same shall be counted as one (1) word. When tables or tabular matter are included, each line of the standard newspaper column shall be considered as containing at least six (6) words. The fees authorized in this paragraph (a) shall not be chargeable for any erroneous publication of a summons, order, citation, advertisement or notice required by law to be published in a newspaper, if such error is not attributable to the person or entity requesting the publication. For making proof of publication, making a copy thereof, and for deposing to the same, Three Dollars ($3.00); but this section shall not apply to the publication of ordinances of municipalities, proceedings of the board of supervisors and school boards or audit reports.

Miss. Code Ann. § 25-7-67 Appraisers of the estates of decedents.

The chancery court or the chancellor in vacation in each chancery court district of this state shall fix and allow reasonable compensation for appraisers in the estates of deceased persons, and said compensation shall be paid by the executor or administrator from the funds of said estate after same has been allowed by the chancery court or chancellor in vacation.

Miss. Code Ann. § 25-7-69 Officers and jurors in ad quod damnum proceedings.

Each juror summoned and attending the execution of a writ ad quod damnum from the board of supervisors shall be entitled to Two Dollars ($2.00), the clerk shall be entitled to One Dollar ($1.00) for the writ, and the sheriff shall be entitled to three dollars for summoning the jury and to Three Dollars ($3.00) for his attendance upon the inquest, to be paid by the party petitioning for the writ, who may be required to give security for the payment of such fees before the writ is issued.

Miss. Code Ann. § 25-7-71 To persons bringing back prisoner on extradition.

Any party, acting under a requisition of the Governor or acting without a requisition in cases where the person to be returned has waived extradition in writing, who brings back to this state and delivers to the sheriff of the county where the offense is alleged to have been committed a person charged with felony shall receive, to be paid out of the county treasury on the order of the circuit court and of the board of supervisors, Twenty Cents (20¢) a mile for the distance necessarily traveled in coming from the place of arrest to the place of delivery; but the same shall not be paid to any party who has received or who claims a reward from the state, county, or person.

Miss. Code Ann. § 25-7-73 Expenses of returning felon.

The circuit court or the judge thereof in vacation is hereby authorized and empowered to allow all necessary and proper expenses to any person or persons acting under a requisition of the Governor, or acting without a requisition in cases where the person to be returned has waived extradition in writing, who may travel out of this state for the purpose of identifying or assisting in any proper and necessary manner in the return to this state of a person charged with felony. Such expenses may be allowed only upon a petition to said court or judge filed by the district attorney, setting out the necessity for the expenditure, an estimate of the probable amount to be spent, the name of the person charged with felony, the crime with which such person is charged, and the place to which the proposed trip will be made. If, upon the hearing of said petition, the circuit court or judge is satisfied of the necessity of the expenditure, an order authorizing the same may be entered to that effect; and thereafter, upon sworn itemized statement of such expenses, the court or judge shall, if such expenses are reasonable and proper, enter an order allowing the same, which order, upon presentation to the board of supervisors of the county in which such person is charged with felony, shall be allowed by said board.

Miss. Code Ann. § 25-7-75 Expenses of returning certain prisoners to other states.

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state or territory or the District of Columbia, the Governor of this state may agree with the executive authority of such other state or territory for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state or territory or the District of Columbia, upon condition that such person be returned to such other state or territory at the expense of this state as soon as the prosecution in this state is terminated. The expenses of returning such prisoners to other states shall be paid out of an appropriation to be made for that purpose known as “the prisoner extradition fund.”

Miss. Code Ann. § 25-7-77 Fees for attachment for rent.

The officer issuing an attachment or distress for rent or supplies furnished by a landlord to a tenant, shall be entitled to One Dollar and Fifty Cents ($1.50) for the affidavit, bond, and writ, to be paid by the party obtaining them, which shall be collected with the rent or other demand and be refunded to such party. The officer serving the attachment shall be entitled to the same fees and commissions as are allowed to sheriffs for serving an attachment against an absconding debtor and making the money thereon.

Miss. Code Ann. § 25-7-79 Fees of officers and witness in unlawful entry and detainer court.

The justices holding a court for the trial of an unlawful entry and detainer shall each be entitled to Two Dollars ($2.00) a day for attending the trial; and other fees of witnesses and officers for services rendered in relation to the proceeding and trial shall be the same as the fees for similar services in the circuit court, and shall be taxed in the costs.

Miss. Code Ann. § 25-7-81 Secretary of State.

The Secretary of State shall charge the following fees: For every commission issued by him to persons appointed by the Governor as a commissioner of this state in any other state, territory, or district of the United States, or in any foreign country. . . . .$10.00 For recording charter of a corporation for literary, religious, benevolent, fraternal, or scientific purposes, and not for pecuniary profits, directly or indirectly. . . . .20.00 For commission of each notary public. . . . .25.00 For commission of each commissioner of deeds. . . . .10.00

Miss. Code Ann. § 25-7-83 Executive Director of the Department of Finance and Administration.

The auditor of public accounts shall charge the following fees: The auditor shall be entitled to charge and receive of persons paying taxes to him five per centum thereon. For each transcript from land records, containing official certificate and not more than five land descriptions. . . . .$1.50 For each additional land description over five. . . . .1.00 For each official certificate other than land record transcript. . . . ..15 And, in addition, on each hundred words over one hundred. . . . ..15 For receiving, examining, and filing each insurance statement and issuing authority. . . . .5.00 The auditor shall make all necessary transcripts of the records of his office relating to lands sold for taxes and certified into the land office, and give all necessary certificates concerning them from the records in his office. He shall collect the proper fees therefor and pay the same over to the land commissioner for payment into the state treasury.

Miss. Code Ann. § 25-7-85 Secretary of State; fee relating to land transactions.

The Secretary of State shall charge, collect and pay into the State Treasury the following fees, viz: a. For each application filed for the purchase of tax-forfeited property $2.50 b. For copy of patent 2.00 c. For certificate from 1875 to date, certifying each and every sale and disposition by the state 5.00 d. For certificate of land records information 2.00 e. For copy of any land record, not certified 1.00 f. Photostat copies of plats and field notes, as follows: Size of Sheet Per Page 8 1/2" x 11" and under $0.50 Over 8 1/2" x 11" and not more than 8 1/2" x 14" .60 Over 8 1/2" x 14" and not more than 18" x 24" 1.20 All over 18" x 24" 2.00 Click to view

Miss. Code Ann. § 25-7-87 Fees of state officers to be paid into Treasury.

It shall be the duty of all state officers who receive a salary to continue to collect the fees or perquisites required of them by any law. Each of said officers shall keep a detailed account of such collections among the official receipts of his office and pay them in full into the state treasury on the first Monday of each month. The payment shall be accompanied by the affidavit of the officer averring that he has collected all fees allowed by law for all work performed by him during the preceding month, and showing the amount thereof.

Miss. Code Ann. § 25-7-89 Fee for transcript of testimony and exhibits to testimony, or copy of such transcript and exhibits.

Each court reporter shall receive Two Dollars and Forty Cents ($2.40) per page for each transcript of testimony, or copy of such transcript, which shall be taxed as costs to each party or individual who may obtain such transcript or copy thereof. The court reporter shall file with the clerk an original and one (1) copy of the transcript, for which copy no charge shall be made.

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Miss. Code Ann. tit. 25, ch. 7 — Fees | Mississippi Code Annotated — Mississippi | Corpus