MCA Chapter 5

MCA Chapter 5
in effect

Miss. Code Ann. § 9-5-1 Chancellors; election, holding of court terms, terms of office, and residency.

A chancellor shall be elected for and from each of the chancery court districts as provided in this chapter and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He shall hold court in any other district with the consent of the chancellor thereof when in their opinion the public interest may be thereby promoted. The terms of all chancellors elected at the regular election for the year 1930 shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A chancellor shall be a resident of the district in which he serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.

Miss. Code Ann. § 9-5-3 Chancery court districts; terms of court; determination of appropriate number of chancellorships for each district.

The state shall be divided into an appropriate number of chancery court districts, severally numbered and composed of the counties as set forth in the sections which follow. A court to be styled “The Chancery Court of the County of_______________” shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. Court shall be held in chancery court districts consisting of a single county on the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which terms shall continue in chancery court districts consisting of more than one (1) county shall be set by order of the chancellor in accordance with the provisions of subsection (2) of this section. A matter in court may extend past a term if the interest of justice so requires. An order establishing the commencement and continuation of terms of court for each of the counties within a chancery court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which the terms of court are to become effective. Notice of the dates upon which terms of court shall commence and the number of days for which the terms shall continue in each of the counties within a chancery court district shall be posted in the office of the chancery clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all Mississippi Bar members. If an order is not timely entered, the terms of court for each of the counties within the chancery court district shall remain unchanged for the next calendar year. The number of chancellorships for each chancery court district shall be determined by the Legislature based upon the following criteria: The population of the district; The number of cases filed in the district; The caseload of each chancellor in the district; The geographic area of the district; An analysis of the needs of the district by the court personnel of the district; and Any other appropriate criteria. The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate: Specific data to be collected as a basis for applying the above criteria; Method of collecting and maintaining the specified data; and Method of assimilating the specified data. In a district having more than one (1) office of chancellor, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the chancellor who has been for the longest time continuously a chancellor of that court or, should no chancellor have served longer in office than the others, the chancellor who has been for the longest time a member of The Mississippi Bar shall be the senior chancellor. The senior chancellor shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.

Miss. Code Ann. § 9-5-5 First district; composition.

The First Chancery Court District is composed of the following counties: Alcorn County; Itawamba County; Lee County; Monroe County; Pontotoc County; Prentiss County; Tishomingo County; and Union County.

Miss. Code Ann. § 9-5-7 First district; number of chancellors.

There shall be four (4) chancellors for the First Chancery Court District. The four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” “Place Three” and “Place Four.” The chancellor to fill Place One must be a resident of Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellor to fill Place Four may be a resident of any county in the district. Election of the four (4) offices of chancellor shall be by election to be held in every county within the First Chancery Court District.

Miss. Code Ann. § 9-5-9 Second district; composition.

The Second Chancery Court District is composed of the following counties: Jasper County; Newton County; and Scott County.

Miss. Code Ann. § 9-5-11 Third district; composition.

The Third Chancery Court District is composed of the following counties: DeSoto County; Grenada County; Montgomery County; Panola County; Tate County; and Yalobusha County. The Third Chancery Court District shall be divided into two (2) subdistricts as follows: Subdistrict 3-1 shall consist of DeSoto County. Subdistrict 3-2 shall consist of Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.

Miss. Code Ann. § 9-5-13 Third district; number of chancellors; number and election of chancellors of subdistricts.

There shall be three (3) chancellors for the Third Chancery Court District. The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as “Place One,” and the chancellorships in Subdistrict 3-2 shall be denominated only as “Place Two” and “Place Three.”

Miss. Code Ann. § 9-5-15 Fourth district; composition.

The Fourth Chancery Court District is composed of the following counties: Amite County; Franklin County; Pike County; and Walthall County. There shall be two (2) chancellors for the Fourth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-5-17 Fifth district; composition.

The Fifth Chancery Court District is composed of Hinds County. The Fifth Chancery Court District shall be divided into the following four (4) subdistricts: Subdistrict 5-1 shall consist of the following precincts in Hinds County: 1, 2, 4, 5, 6, 8, 9, 10, 32, 33, 34, 35, 36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 97. Subdistrict 5-2 shall consist of the following precincts in Hinds County: 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30, 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, Brownsville, Cynthia, Pocahontas and Tinnin. Subdistrict 5-3 shall consist of the following precincts in Hinds County: 18, 19, 20, 21, 22, 24, 25, 26, 31, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 86, 89 and Jackson State. Subdistrict 5-4 shall consist of the following precincts in Hinds County: 87, 88, 90, 91, 94, 95, Bolton, Byram 1, Byram 2, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Dry Grove, Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry, Utica 1 and Utica 2.

Miss. Code Ann. § 9-5-19 Fifth district; number and election of chancellors; divisions of court.

There shall be four (4) chancellors for the Fifth Chancery Court District. One chancellor shall be elected from each subdistrict. While there shall be no limitation whatsoever upon the powers and duties of the said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

Miss. Code Ann. § 9-5-21 Sixth district; composition.

The Sixth Chancery Court District is composed of the following counties: Attala County; Carroll County; Choctaw County; Kemper County; Neshoba County; and Winston County.

Miss. Code Ann. § 9-5-22 Sixth district; number of chancellors.

There shall be two (2) chancellors for the Sixth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-5-23 Seventh district; composition.

The Seventh Chancery Court District is composed of the following counties: Bolivar County; Coahoma County; Leflore County; Quitman County; Tallahatchie County; and Tunica County. The Seventh Chancery Court District shall be divided into two (2) subdistricts as follows: Subdistrict 7-1 shall consist of Bolivar County and Coahoma County; Subdistrict 7-2 shall consist of Leflore County, Quitman County, Tallahatchie County and Tunica County.

Miss. Code Ann. § 9-5-25 Seventh district; number and election of chancellors.

[From and after January 1, 2011, this section shall read as follows:] There shall be three (3) chancellors for the Seventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from Subdistrict 7-1 and shall be denominated for purposes of appointment and election only as “Place One,” and two (2) chancellors shall be elected from Subdistrict 7-2 and shall be denominated for purposes of appointment and election only as “Place Two” and “Place Three.”

Miss. Code Ann. § 9-5-27 Eighth district; composition.

The Eighth Chancery Court District is composed of the following counties: Hancock County; Harrison County; and Stone County.

Miss. Code Ann. § 9-5-29 Eighth district; number and election of chancellors; divisions of court.

There shall be four (4) chancellors for the Eighth Chancery Court District. The four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” “Place Three” and “Place Four.” While there shall be no limitation whatsoever upon the powers and duties of the chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

Miss. Code Ann. § 9-5-31 Ninth district; composition.

The Ninth Chancery Court District is composed of the following counties: Humphreys County; Issaquena County; Sharkey County; Sunflower County; Warren County; and Washington County. The Ninth Chancery Court District shall be divided into three (3) subdistricts as follows: Subdistrict 9-1 shall consist of the following precincts in the following counties: Sunflower County: Boyer-Linn, Drew, Fairview-Hale, Indianola 2 East*, Indianola 3 North*, Indianola 3 Northeast*, Indianola 3 South*, Rome, Ruleville, Ruleville North and Sunflower Plantation; and Washington County: American Legion, Brent Center, Buster Brown Community Center, Darlove Baptist Church*, Elks Club, Extension Building, Grace Methodist Church*, Greenville Industrial College, Leland Health Department Clinic, Leland Rotary Club, Metcalf City Hall and Potter House Church. Subdistrict 9-2 shall consist of Humphreys County and the following precincts in the following counties: Sunflower County: Doddsville, Indianola 2 East*, Indianola 2 West, Indianola 3 North*, Indianola 3 Northeast*, Indianola 3 South*, Indianola Southeast, Inverness, Moorhead, Sunflower 3 and Sunflower 4; and Washington County: Arcola City Hall, Christ Wesleyan Methodist Church, Darlove Baptist Church*, Glen Allan Health Clinic, Grace Methodist Church*, Hollandale City Hall, St. James Episcopal Church, Swiftwater Baptist Church, Tampa Drive and Ward’s Recreation Center. Subdistrict 9-3 shall consist of Issaquena County, Sharkey County and Warren County.

Miss. Code Ann. § 9-5-33 Ninth district; number and election of chancellors.

There shall be three (3) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

Miss. Code Ann. § 9-5-35 Tenth district; composition.

The Tenth Chancery Court District is composed of the following counties: Forrest County; Lamar County; Marion County; Pearl River County; and Perry County.

Miss. Code Ann. § 9-5-36 Tenth district; number and election of chancellors; residence.

There shall be four (4) chancellors for the Tenth Chancery Court District. The four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” “Place Three” and “Place Four.” The chancellor to fill Place One and Place Four may be a resident of any county in the district. The chancellor to fill Place Two must be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three must be a resident of Forrest County. Election of the four (4) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District.

Miss. Code Ann. § 9-5-37 Eleventh district; composition.

The Eleventh Chancery Court District is composed of the following counties: Holmes County; Leake County; Madison County; and Yazoo County. The Eleventh Chancery Court District shall be divided into two (2) subdistricts as follows: Subdistrict 11-1 shall consist of Holmes County, Yazoo County and the following precincts in Madison County: Bible Church, Canton 4, Canton 5, Flora, Madison County Baptist Family Life Center, Magnolia Heights and Smith School; Subdistrict 11-2 shall consist of Leake County and the following precincts in Madison County: Bear Creek, Camden, Cameron, Canton 1, Canton 2, Canton 3, Canton 7, Cedar Grove, Cobblestone, Couparle, Gluckstadt, Highland Colony Baptist Church, Liberty, Lorman/Cavalier, Luther Branson School, Madison 1, Madison 2, Madison 3, Main Harbor, New Industrial Park, North Bay, Ratliff Ferry, Ridgeland 1, Ridgeland 3, Ridgeland 4, Ridgeland First Methodist Church, Ridgeland Tennis Center, Sharon, Sunnybrook, Tougaloo, Trace Harbor, Victory Baptist Church, Virlilia, Whisper Lake and Yandell Road.

Miss. Code Ann. § 9-5-38 Eleventh district; number and election of chancellors.

There shall be three (3) chancellors for the Eleventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from Subdistrict 11-1 and denominated for purposes of appointment and election only as “Place One,” one (1) chancellor shall be elected from Subdistrict 11-2 and denominated for purposes of appointment and election only as “Place Two,” and one (1) chancellor shall be elected at large from the entire Eleventh Chancery Court District and denominated for purposes of appointment and election only as “Place Three.”

Miss. Code Ann. § 9-5-39 Twelfth district; composition.

The Twelfth Chancery Court District is composed of the following counties: Clarke County; and Lauderdale County.

Miss. Code Ann. § 9-5-40 Twelfth district; number of chancellors.

There shall be two (2) judges for the Twelfth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-5-41 Thirteenth district; composition.

The Thirteenth Chancery Court District is composed of the following counties: Covington County; Jefferson Davis County; Lawrence County; Simpson County; and Smith County. There shall be two (2) chancellors for the Thirteenth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-5-43 Fourteenth district; composition.

The Fourteenth Chancery Court District is composed of the following counties: Chickasaw County; Clay County; Lowndes County; Noxubee County; Oktibbeha County; and Webster County. The Fourteenth Chancery Court District shall be divided into three (3) subdistricts as follows: Subdistrict 14-1 shall consist of Chickasaw County, Webster County and the following precincts in Oktibbeha County: Bell Schoolhouse*, Bradley, Center Grove, Central Starkville*, Craig Springs, Double Springs, East Starkville*, Gillespie Street Center*, Maben, North Adaton, North Longview, North Starkville 2*, North Starkville 3, Northeast Starkville, Self Creek, South Adaton, South Longview, South Starkville*, Sturgis and West Starkville*. Subdistrict 14-2 shall consist of the following precincts in the following counties: Clay County: Cedar Bluff, Central West Point, East West Point, Siloam, South West Point and Vinton; and Lowndes County: Air Base A, Air Base B, Air Base C, Air Base D, Air Base E, Brandon A, Brandon B, Brandon C, Brandon D, Caledonia, Columbus High School A, Columbus High School B, Columbus High School C, Columbus High School D, Dowdle Gas Training Center B, Fairgrounds C, Fairgrounds E, Fairgrounds F, Hunt C, Lee Middle School, Mitchell A, New Hope A, New Hope B, New Hope C, New Hope D, New Hope E, Rural Hill A, Rural Hill B, Rural Hill C, Sale A, Sale B, Sale C, Steens A, Steens B, Steens C, Trinity B, Union Academy B, Union Academy C and University A. Subdistrict 14-3 shall consist of Noxubee County and the following precincts in the following counties: Clay County: Cairo, Caradine, North West Point, Pheba, Pine Bluff, Tibbee, Union Star and West West Point; Lowndes County: Artesia, Coleman A, Coleman B, Crawford A, Fairgrounds A, Fairgrounds B, Fairgrounds D, Fairgrounds G, Hunt A, Hunt B, Mitchell B, New Hope F, Plum Grove A, Plum Grove B, Plum Grove C, Propst Park Community Hut, Trinity A, Union Academy A, University B, West Lowndes A and West Lowndes B; and Oktibbeha County: Bell Schoolhouse*, Central Starkville*, East Starkville*, Gillespie Street Center*, Hickory Grove, North Starkville 2*, Oktoc, Osborn, Sessums, South Starkville*, Southeast Oktibbeha and West Starkville*.

Miss. Code Ann. § 9-5-45 Fourteenth district; number and election of chancellors.

There shall be three (3) chancellors for the Fourteenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

Miss. Code Ann. § 9-5-47 Fifteenth district; composition.

The Fifteenth Chancery Court District is composed of the following counties: Copiah County; and Lincoln County.

Miss. Code Ann. § 9-5-49 Sixteenth district; composition.

The Sixteenth Chancery Court District is composed of the following counties: George County; Greene County; and Jackson County.

Miss. Code Ann. § 9-5-50 Sixteenth district; number and election of chancellors.

There shall be three (3) chancellors for the Sixteenth Chancery Court District. The three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.”

Miss. Code Ann. § 9-5-51 Seventeenth district; composition; division; number and election of chancellors.

The Seventeenth Chancery Court District is composed of the following counties: Adams County; Claiborne County; Jefferson County; and Wilkinson County. The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows: Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Airport Carpenter*, Convention Center*, Foster Mound, Maryland*, Northside School, Palestine, Pine Ridge, Thompson and Washington*. Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Beau Pre, Bellemont, By-Pass Fire Station, Carpenter*, Concord, Convention Center*, Courthouse, Duncan Park, Kingston, Liberty Park, Maryland*, Morgantown, Oakland and Washington. There shall be two (2) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

Miss. Code Ann. § 9-5-53 Eighteenth district; composition.

The Eighteenth Chancery Court District is composed of the following counties: Benton County; Calhoun County; Lafayette County; Marshall County; and Tippah County.

Miss. Code Ann. § 9-5-54 Eighteenth district; number of chancellors.

There shall be two (2) chancellors for the Eighteenth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-5-55 Nineteenth district; composition.

The Nineteenth Chancery Court District is composed of the following counties: Jones County; and Wayne County.

Miss. Code Ann. § 9-5-58 Twentieth district; number and election of chancellors.

There shall be three (3) chancellors for the Twentieth Chancery Court District. For purposes of appointment and election the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.”

Miss. Code Ann. § 9-5-81 Jurisdiction of the chancery court, in general.

The chancery court in addition to the full jurisdiction in all the matters and cases expressly conferred upon it by the constitution shall have jurisdiction of all cases transferred to it by the circuit court or remanded to it by the supreme court; and such further jurisdiction, as is, in this chapter or elsewhere, provided by law.

Miss. Code Ann. § 9-5-83 Court may determine all matters in estates administered.

The court in which a will may have been admitted to probate, letters of administration granted, or a guardian may have been appointed, shall have jurisdiction to hear and determine all questions in relation to the execution of the trust of the executor, administrator, guardian, or other officer appointed for the administration and management of the estate, and all demands against it by heirs at law, distributees, devisees, legatees, wards, creditors, or others; and shall have jurisdiction of all cases in which bonds or other obligations shall have been executed in any proceeding in relation to the estate, or other proceedings, had in said chancery court, to hear and determine upon proper proceedings and evidence, the liability of the obligors in such bond or obligation, whether as principal or surety, and by decree and process to enforce such liability.

Miss. Code Ann. § 9-5-85 Court may summon all persons and punish for contempt.

The chancery court shall have power to issue a summons for any person, or subpoena for any witness, whose appearance in court may be deemed necessary for any purpose, whether such party or witness reside in the same or any other county. It shall be the duty of the party summoned or subpoenaed, to attend the court according to the command of the process; and if it be necessary or proper to enforce the appearance of the party, the court, on the return of the process executed and failure to appear, may issue an attachment, and may fine the party when brought in for a contempt. If a witness before the court shall refuse to testify, the court may commit such witness for contempt of the court.

Miss. Code Ann. § 9-5-87 Power to punish for violation of injunction.

The chancery court, or the chancellor in vacation, or judge granting the writ, shall have power to punish any person for breach of injunction, or any other order, decree, or process of the court, by fine or imprisonment, or both, or the chancellor or judge granting the writ may require bail for the appearance of the party at the next term of the court to answer for the contempt; but such person shall be first cited to appear and answer. And any person so punished by order of the chancellor in vacation, may on five (5) days’ notice to the opposite party, apply to a judge of the Supreme Court, who, for good cause shown, may supersede the punishment until the meeting of the said chancery court. At the discretion of the court, any person found in contempt for failure to pay child support and imprisoned therefor may be referred for placement in a state, county or municipal restitution, house arrest or restorative justice center or program, provided such person meets the qualifications prescribed in Section 99-37-19.

Miss. Code Ann. § 9-5-89 Guardian ad litem; appointment and compensation; effect of failure to appoint.

The court may appoint a guardian ad litem to any infant or defendant of unsound mind, and allow him suitable compensation payable out of the estate of such party, but the appointment shall not be made except when the court shall consider it necessary for the protection of the interest of such defendant; and a decree or judgment of any court shall not be void or erroneous because of the failure to have a guardian ad litem.

Miss. Code Ann. § 9-5-91 Information to be provided to Administrative Office of Courts by chancery clerk in chancery cases in which guardian ad litem is appointed.

In a chancery case in which a guardian ad litem is appointed by the court, it is the duty of the chancery clerk to prepare and forward to the Administrative Office of Courts the information described by subsection (2) of this section not later than the last day of the month following the entry of an order approving any payment to the guardian ad litem. The clerk shall prepare and forward the following information when filed in a contested case where the guardian ad litem fees exceed One Thousand Dollars ($1,000.00): A copy of any invoice for guardian ad litem fees; A copy of any order directing payment of guardian ad litem fees; and A copy of any petition seeking recovery of guardian ad litem fees, as well as any orders concerning payment of guardian ad litem fees, including, but not limited to, orders of contempt. If an order previously reported under subsection (1) of this section is amended by order of the court, the clerk shall forward the subsequent court order not later than the last day of the month following the entry of the amended order. The duty of a clerk to prepare and forward information under this section is not affected by: Any subsequent appeal of the court order; Any subsequent modification of the court order; or The expiration of the court order. This section does not apply to youth court matters.

Miss. Code Ann. § 9-5-93 Trial of causes in vacation; power to enter decree prior to adjournment of next succeeding term.

Whenever the chancery court or chancellor has lawfully set any matter in vacation for confirmation or decree, and no contest has been timely filed, if an order or decree determining the same or setting another date therefor be not entered upon such date, the chancellor shall have the power to enter an order or decree on any day prior to the adjournment of the next succeeding term, without further process. Provided, that if the matter be one in which contest might have been entered prior to the date set and such contest be filed before the entry of such order or decree, the same shall be disposed of as if such contest had been timely filed.

Miss. Code Ann. § 9-5-95 Court or chancellor may extend time in vacation.

The court or chancellor in vacation shall have power in proper cases for good cause shown to grant a reasonable enlargement of the time for the filing of an answer or answers, or of a demurrer or demurrers, and shall have power in like cases and for like cause shown to set aside decrees pro confesso and thereupon to permit the filing of answer or answers. But no such enlargement of time should be granted where the request therefor is solely for delay or is the result of inexcusable neglect on the part of the defendant or his solicitor.

Miss. Code Ann. § 9-5-97 Additional powers of chancellor in vacation.

In the matter of ordering, decreeing and confirming sales of real and personal property of decedents, or of minors, or of persons of unsound mind, and in all other matters testamentary or of administration, in minors’ business, matters affecting persons of unsound mind, and in the matter of the removal of disabilities of minority, the chancellors of the several districts of this state are hereby authorized and empowered to do in vacation all things, and to exercise all the powers in such matters that could be done by them in term time; and all laws governing the action of the chancery court in such matters, and the process and procedure therein, shall apply when the chancellor shall act therein in vacation; but before any sale of real estate shall be confirmed by the chancellor in vacation, the parties in interest shall have notice thereof as provided by law in the matter of confirming sales by chancellors in vacation.

Miss. Code Ann. § 9-5-99 and 9-5-101. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 9-5-99 . [Codes, 1942, § 1231; Laws, 1932, ch. 143] § 9-5-101 . [Codes, 1942, § 1231; Laws, 1932, ch. 143] Editor’s Notes — Former § 9-5-99 specified rules governing service of process in matters heard and decided in vacation. Former § 9-5-101 provided for appearances and continuances invacation.

Miss. Code Ann. § 9-5-103 Bonds of receivers, assignees, executors may be reduced or cancelled, if excessive or for sufficient cause.

Whenever it shall appear by petition to the chancery court, or chancellor in vacation, that any bond given by an assignee, receiver, executor, administrator, guardian, or trustee is in excess of the value of the estate being administered, and as such is an unnecessary expense to the estate, or that other sufficient cause appears for so doing, the chancery court or chancellor in vacation may, after five days’ service of copy of said petition on the surety, cancel the bond or reduce the same to an amount sufficient to protect the estate, or accept a new bond in substitution of an existing one. However, the decree rendered shall not affect the liability upon a bond which accrued prior to its cancellation, reduction or substitution.

Miss. Code Ann. § 9-5-105 Expense of chancellor in hearing vacation matter paid equally by parties.

When any chancellor in this state shall, by agreement of the parties, hear any cause or matter in vacation, at any place, other than the place of his residence, all expenses incurred by him in attendance upon said hearing, shall be paid equally by the parties thereto, upon the chancellor’s filing an itemized statement thereof, with the clerk of the chancery court of the county in which such matter shall be pending; and when at any such hearing the attendance of the court reporter shall be required his actual expenses shall be likewise paid.

Miss. Code Ann. § 9-5-131 Bond of clerk.

The clerk of the chancery court, before he enters upon the duties of the office, shall take the oath of office and give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to five percent (5%) of the sum of all the state and county taxes shown by the assessment rolls and the levies to have been collectible in the county for the year immediately preceding the commencement of the term of office for such clerk; however, such bond shall not exceed the amount of One Hundred Thousand Dollars ($100,000.00). Such clerk may be required by the court, or the chancellor in vacation, to give additional bond in any particular case, which shall be a cumulative security, and shall not in any manner affect the liability on his official bond for any matter covered by it. His official bond shall be held to cover all his official acts, and all moneys which may come into his hands according to law or by order of the court or chancellor.

Miss. Code Ann. § 9-5-132 Training and continuing education course requirements for chancery clerks; filing of certificate of compliance; penalty for failure to file; courses; expenses; continuing education credit for attendance at chancery court proceedings.

Except as otherwise provided herein, no chancery clerk elected for a full term of office commencing on or after January 1, 1996, shall exercise any functions of office or be eligible to take the oath of office unless and until the chancery clerk has filed in the office of the circuit clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center within six (6) months of the beginning of the term for which such chancery clerk is elected. A chancery clerk who has completed the course of training and education and has satisfied his annual continuing education course requirements, and who is then elected for a succeeding term of office subsequent to the initial term for which he completed the training course, shall not be required to repeat the training and education course upon reelection. Any chancery clerk who has served a full or partial term before January 1, 1996, shall be exempt from the requirements of this subsection. In addition to meeting the requirements of subsection (1) of this section, after taking office by election or otherwise, each chancery clerk shall be required to file annually in the office of the circuit clerk a certificate of completion of a course of continuing education conducted by the Mississippi Judicial College. No chancery clerk shall have to comply with this subsection unless he will have been in office for five (5) months or more during a calendar year. Each chancery clerk elected for a term commencing on or after January 1, 1992, shall be required to file annually the certificate required in subsection (2) of this section commencing January 1, 1994. The requirements for obtaining the certificates in this section shall be as provided in subsection (6) of this section. Upon the failure of any chancery clerk to file with the circuit clerk the certificates of completion as provided in this section, such chancery clerk shall, in addition to any other fine or punishment provided by law for such conduct, not be entitled to any fee, compensation or salary, from any source, for services rendered as chancery clerk, for the period of time during which such certificate remains unfiled. The Mississippi Judicial College of the University of Mississippi Law Center shall prepare and conduct courses of training for basic and continuing education for chancery clerks of this state. The basic course of training shall be known as the “Chancery Clerks Training Course” and shall consist of at least thirty-two (32) hours of training. The continuing education course shall be known as the “Continuing Education Course for Chancery Clerks,” and shall consist of at least eighteen (18) hours of training. The content of the basic and continuing education courses and when and where such courses are to be conducted shall be determined by the judicial college. The judicial college shall issue certificates of completion to those chancery clerks who complete such courses. The expenses of the training, including training of those elected as chancery clerk who have not yet begun their term of office, shall be borne as an expense of the office of the chancery clerk. Chancery clerks shall be allowed credit toward their continuing education course requirements for attendance at chancery court proceedings if the presiding chancery court judge certifies that the chancery clerk was in actual attendance at a term or terms of court; provided, however, that at least twelve (12) hours per year of the continuing education course requirements must be completed at a regularly established program or programs conducted by the Mississippi Judicial College.

Miss. Code Ann. § 9-5-133 How clerk of chancery court may appoint deputies.

The clerk of the chancery court shall have power, with the approbation of the court, or of the judge in vacation, to appoint one or more deputies, who shall take the oath of office, and who thereupon shall have power to do and perform all the acts and duties which their principal may lawfully do; such approval, when given by the judge in vacation, shall be in writing, and shall be entered on the minutes of the court at the next term.

Miss. Code Ann. § 9-5-135 Clerk to attend court and keep minutes.

The clerk shall, in person or by deputy, attend all the sessions of the court, and shall keep minute books, in which he shall record, under the directions of the chancellor, all the proceedings of the court; and the minutes of the preceding day shall be read by him each morning of the session in open court, and the last day’s proceedings shall be read by him in open court before adjournment, and the minutes must be signed by the chancellor. The clerk, at his option, may elect to keep the minute books by means of electronic filing or storage or both, as provided in Sections 9-1-51 through 9-1-57 in lieu of or in addition to any paper records.

Miss. Code Ann. § 9-5-137 Other duties of the clerk.

It shall be the duty of the clerk to preserve and keep all records, files, papers and proceedings belonging to his office, and to record all last wills and testaments which may be probated; all letters testamentary, of administration, and guardianship; all accounts allowed; all inventories, appraisements, and reports duly returned; all instruments which are duly proved, and which by law are required to be recorded in his office, in well-bound books to be kept for that purpose, each class in a separate book or books, or by means of electronic filing or storage or both in addition to or in lieu of any such physical records as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect; all records shall be properly indexed. He shall issue all process which may be required of him by law or by order of the court, or the chancellor in vacation; and shall discharge all other duties which may be required of him by law, or which properly appertain to the duties of his office. The clerk shall be under the direction of the court in termtime, and of the chancellor in vacation.

Miss. Code Ann. § 9-5-139 Chancery clerk’s office at Biloxi.

In Harrison County, a county with two judicial districts, it shall be the duty of the chancery clerk to keep in his office at Biloxi, suitable record books or electronic equipment for the purpose of recording deeds, deeds of trust and other conveyances, instruments and contracts required by law to be recorded, and all deeds, deeds of trust, mortgages, contracts, wills and other conveyances and contracts, and all muniments of title, documents and other papers required by law to be filed, enrolled or recorded relating to property situated in said second judicial district, shall be properly filed, enrolled or recorded in the office of said clerk at Biloxi, in books or by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as he may elect, and to be kept for that purpose in his said office at Biloxi. All official bonds shall be recorded by said clerk as required by law in the offices of the said clerk at Gulfport and at Biloxi.

Miss. Code Ann. § 9-5-141 Acts clerk may perform at any time.

The clerk or his deputy may at any time receive and file all bills, petitions, motions, accounts, inventories, reports, or other papers offered for that purpose, and may issue all process authorized by law and proper in any matter or proceeding. He may also at any time, in termtime or vacation, perform the following functions; issue warrants of appraisement to appraise the personal estate of decedents; allow and register claims against estates being administered in the court of which he is clerk; make all orders and issue all process necessary for the collection and preservation of estates of decedents, minors, and persons of unsound mind; appoint some person to collect and preserve the estate of any decedent in the state in any case provided for; grant letters of administration to the husband or wife, or other person entitled thereto; take the proof of wills, admit wills to probate, in common form, grant letters testamentary, letters of administration with the will annexed, and de bonis non; appoint guardians for minors, persons of unsound mind, and convicts of felony; grant letters of administration; institute suits in cases provided for, and, whenever an appeal shall be taken from the grant of letters testamentary, of administration, or guardianship, appoint some fit person to discharge the duties pending the appeal. He may do all such other acts as are provided by law and by the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 9-5-143 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 9-5-143 . [Codes, 1857, ch. 62, art. 38; 1871, § 1020; 1880, § 1815; 1892, § 469; 1906, § 518; Hemingway’s 1917, § 275; 1930, § 338; 1942, § 1249] Editor’s Notes — Former § 9-5-143 directed that rules be held in the clerk’s office, specified the purposes for such rules, and when they should be held.

Miss. Code Ann. § 9-5-145 How proceedings before clerk to be conducted.

In all applications and proceedings before the clerk in vacation or in term time, the same pleadings and evidence and forms shall be observed, and the same process and service and return shall be necessary, as though the proceedings were before the court.

Miss. Code Ann. § 9-5-147 All acts of clerk subject to approval or disapproval.

All acts, judgments, orders, or decrees made by the clerk in term time or vacation or at rules, shall be subject to the approval or disapproval of the court of which he is clerk, and shall not be final until approved by the court. All such orders and proceedings of the clerk may, by order of the chancellor in vacation, be suspended until a hearing before him in court, and shall be subject to such orders and decrees as the court may make.

Miss. Code Ann. § 9-5-149 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 9-5-149 . [Codes, 1880, § 1816; 1892, § 471; 1906, § 520; Hemingway’s 1917, § 277; 1930, § 341; 1942, § 1252; Laws, 1974, ch. 449, § 4] Editor’s Notes — Former § 9-5-149 directed that the clerk keep minutes of proceedings before the clerk and specified the manner of taking and recording the minutes.

Miss. Code Ann. § 9-5-151 How minutes of proceedings before clerk preserved and approved.

The minutes so kept of proceedings in vacation or in term time shall constitute a record of the office and shall be carefully preserved as such, free from erasure or alteration; and, at the first term thereafter of the court, in the case of minutes in vacation, or in the case of minutes in term time before the clerk at that term or the first term thereafter, shall be examined by the court and if approved, shall thereby become the minutes of the court, as if entered at a term thereof; and all the orders and decrees entered in said minutes in vacation, shall, by such approval of the court, become final and be as valid and effectual as if done by the court when they were done by the clerk.

Miss. Code Ann. § 9-5-153 How approval of clerk’s minutes and orders shown.

The approval by the court of minutes entered in vacation or in term time, and adoption of the orders and decrees made by the clerk, may be evidenced by an order of the court approving such orders and decrees, excepting such as may be specified as not approved. It shall not be necessary to enter on the minutes of the court, in term time, any of said orders or decrees made in vacation or in term time, but the same, as entered in vacation or in term time, shall, by the approval of the court, become the acts of the court.

Miss. Code Ann. § 9-5-155 Bonds examined by chancellor.

The chancellor shall, at each term of the court, carefully examine all bonds taken by the clerk in vacation, in pursuance of any order of the court, or the requirement of law, in any proceeding in such court, and make such orders in reference thereto as he shall deem necessary for the security of the parties interested therein.

Miss. Code Ann. § 9-5-157 Register of sureties on bonds to be kept.

The clerk of the chancery court shall either procure a well-bound book, arranged alphabetically and properly ruled, lined and headed to show the name of the principal and surety, name of principal obligor, name of obligee, date of bond, penalty of bond, kind of bond, where recorded if recorded, number of suit in which filed and date of discharge or provide for the electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57 of this information. In one of these manners he shall abstract each bond, when filed in his office, by entering in such record the name of each principal and surety, under the proper letter, the name of principal obligor, name of obligee, date, penalty, kind of bond, where recorded if recorded, and number of suit in which filed. And when such bond has been discharged, the date thereof shall be entered in said record under the proper heading. The clerk of the chancery court shall also, as soon as said record has been obtained, thus abstract all executor’s, administrator’s and guardian’s bonds in matters at that time pending in the chancery court of his county.

Miss. Code Ann. § 9-5-159 Abstract of certain decrees furnished circuit clerk.

The clerk of the chancery court shall, within ten days after the expiration of the term at which any decree for money shall be made, which is enforceable by execution against the defendant, furnish an abstract of such decree to the clerk of the circuit court of the county in which such decree is made; and it shall be the duty of the circuit clerk forthwith to enroll the same on the “Judgment Roll” in his office as judgments of the circuit court are required to be enrolled.

Miss. Code Ann. § 9-5-161 Clerk to make final record of causes.

The clerk shall, within three (3) months after the final termination of each suit involving real estate, record all the pleadings, proofs, exhibits and proceedings therein, or such part thereof as may be required by order of the chancellor, in a book to be kept for that purpose, and to be styled “The Book of Final Records in Chancery.” He shall likewise make a final record of all other proceedings or suits, if required by the decree or by order of the chancellor, omitting such portions from the record books as the chancellor may direct. The clerk shall also make final record of all or such portions of a former terminated proceeding or suit as may be requested by any person, upon payment by such person of the cost thereof. It shall be the duty of the chancery clerk of any county in which there is a county court established, to record in the final record the proceedings of all or any part thereof of proceedings in said court, affecting the title of lands in said county, when requested so to do by any person interested in said lands, and upon the payment of the fee therefor by the person requesting same, and the clerk shall index same in the deed records of the county, and the filing of said proceedings or parts thereof shall be constructive notice from the date of said filing to all persons of said proceedings the same as if they had been decided by the chancery court. The records required by subsections (1) and (2) of this section may be kept by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect.

Miss. Code Ann. § 9-5-163 Custodian of certain records and papers.

The clerk of the chancery court shall be the custodian of all documents, records, books and papers belonging, or in any way appertaining, to the probate court, and of the board of police, formerly existing, except as to such as may be required by law to be kept by the clerk of the circuit court; and, as such custodian, he shall do and perform all acts in relation to such records, books and papers which were heretofore required of, or might lawfully have been done by, the clerk of the said probate court or board of police. All such documents, records, books and papers may be kept by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect.

Miss. Code Ann. § 9-5-165 Removal and return of court files and documents in clerk’s office.

The clerk shall not suffer any paper filed to be withdrawn but by leave of the chancellor, and then only by retaining a copy to be made at the cost of the party obtaining the leave. Provided, however, that any duly licensed and practicing attorney in good standing in the court may remove court files and related legal papers other than youth court and adoption court files and related papers from the clerk’s office by signing therefor himself, or by a designated representative of his law office, on a record to be provided for that purpose. Such files or documents so removed shall be attested to by the clerk or his deputy at the time of removal, and said attorney shall be personally responsible for their safekeeping and return within ten (10) days, or before the first day of the next term of chancery court, whichever comes first and such files or documents shall not be removed from the county where the same are filed except that said files or documents may be taken by said attorney for use in a vacation hearing to such county where the hearing may be held. Failure to return any such court files or related legal papers as provided herein shall constitute contempt of court.

Miss. Code Ann. § 9-5-167 Newspaper subscribed for and preserved.

The clerk of the chancery court shall subscribe to at least one (1) and not more than two (2) of the newspapers published in his county as the court or chancellor may direct; and in the event no newspaper is published in the county, the clerk shall subscribe to the newspaper in which the publications ordered by the court are usually made. To preserve such newspapers, the clerk shall carefully file the original or microfilm copies thereof in his office, or may keep the same by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect. Before the clerk may utilize microfilm copies of newspapers presently on file and of those newspapers to be received in the future, the written approval of the court and the board of supervisors must be obtained. The expense of the subscriptions and the expense of the binding of filed newspapers or of the microfilming process shall be paid out of the county treasury. Two (2) or more counties may join together and agree to accomplish the purposes of this section and to share the costs of necessary equipment, subscriptions and labor involved.

Miss. Code Ann. § 9-5-169 All records and papers subject to inspection.

Except as otherwise provided in Section 25-61-11.2, all of the records and papers of the office of the chancery clerk shall, at all reasonable hours on business days, be subject to the inspection and examination of all citizens; and the clerk shall show to any person inquiring for it where any record or paper in his or her office can be found, and shall allow him or her access to it, and to examine it and make any copy, note, or memorandum he or she desires to make of it.

Miss. Code Ann. § 9-5-171 Destruction of records.

The chancery clerk of each of the counties of the State of Mississippi, with the approval of the board of supervisors of such county, after an inventory has been made and checked by the board and an order spread on its minutes listing the reference, is authorized to dispose of records pursuant to a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1. No records which are in the process of being audited by the State Department of Audit or which are the basis of litigation shall be destroyed until at least twelve (12) months after final completion of the audits and litigation. Records may be filed and retained by electronic means as provided in Sections 9-1-51 through 9-1-57, whether the record is to be destroyed or not; provided, however, that destruction of records shall be carried out in accordance with Sections 25-59-21 and 25-59-27.

Miss. Code Ann. § 9-5-173 Register of claims against estates.

The clerk shall keep in his office a well-bound book, or by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect, to be called the “Register of Claims,” each page of which shall be divided into five (5) columns, the first to contain the creditor’s name, the second the description of the claim, the third the time when due, the fourth the amount of the claim, and the fifth the day of the registry. He shall register in said book all claims proved and allowed against any estate administered in his court.

Miss. Code Ann. § 9-5-201 Dockets to be kept; general docket, and other entries therein.

The clerk shall keep a general docket in which he shall enter the names of the parties in each suit, the time of filing the complaint, petition or answer, and all other papers in the cause, the issuance and return of process, and a note of reference to all orders made therein by the book and page. He shall mark on the papers in every cause the style and number of the suit, and the time when and the party by whom filed. All the papers and pleadings filed in a cause shall be kept in the same file, and all the files kept in numerical order. The general docket shall be duly indexed, both direct and indirect, in the alphabetical order of the names of the parties, and each of them, so that the page of the docket containing the entries in each cause may be readily found. The general docket required to be kept by this section and all other dockets or records required by law to be kept by the chancery clerk may be kept on computer in lieu of any other physical docket, record or well-bound book if all such dockets and records are kept by computer in accordance with regulations prescribed by the Administrative Office of Courts.

Miss. Code Ann. § 9-5-203 Matters testamentary, etc., to be docketed.

The clerk shall place on the general docket all applications made and proceedings had in said court in matters testamentary, of administration, in minors’ business, and in cases of persons of unsound mind, by entering the name of the person whose estate is the subject of the application or proceedings, the time of filing the application or other paper, the nature of it in brief terms, the issuance and return of process, if any, or publication and proof of it, and a note of reference to all orders made by the clerk or court, by the book and page, so that by reference to such docket the history of the administration of such estate may be traced. Such docket may be kept on computer as provided in Section 9-5-201.

Miss. Code Ann. § 9-5-205 Issue docket.

The chancery clerk shall keep an issue docket in which he shall set down (1) all causes triable according to due course at the instant term and (2) such other causes for final hearings as may be ordered (a) by the court or (b) by consent of all the parties. And he shall also place on said docket all petitions for the sale of the estates of decedents, minors and persons of unsound mind; all proceedings representing estates to be insolvent; final accounts of executors, administrators and guardians and petitions for distribution of an estate or payment of a legacy and all other similar matters in which an order or decree of the court is sought in matters testamentary, of administration, or guardianship, and wherein the issuance of process or notice is necessary to the final hearing on the matter so set down. Such docket may be kept on computer as provided in Section 9-5-201.

Miss. Code Ann. § 9-5-207 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 9-5-207 . [Codes, 1942, § 1241; Laws, 1938, Ex. ch. 53] § 9-5-209 . [Codes, 1942, § 1242; Laws, 1938, Ex. ch. 53] § 9-5-211 . [Codes, 1942, § 1243; Laws, 1938, Ex. ch. 53] Editor’s Notes — Former § 9-5-207 directed the clerk to enter causes on the issue docket in the order in which they are numbered, without the need of a request of any party. Former § 9-5-209 authorized the court to cause to be entered in the issue docket any cause which the clerk omitted to enter. Former § 9-5-211 directed that the issue docket be called for trial as in the circuit court.

Miss. Code Ann. § 9-5-213 Motion docket and entries.

The clerk shall also keep a motion docket in which he shall, in the order in which they are filed, docket as of course and without request, all demurrers, motions, ex parte petitions, exceptions to evidence or reports, and all matters pertaining to administration or guardianship not directed to be placed on the issue docket. He shall also place on the motion docket all matters brought before him in vacation when presented, and, at the next term of the court, all such matters on said docket shall be examined and disposed of by the court by approving or disapproving the same. Such docket may be kept on computer as provided in Section 9-5-201.

Miss. Code Ann. § 9-5-215 Loose leaf docket.

Any chancellor in this state may, by an order made and entered on the minute book of the chancery court in each of said counties in his district, require the docket of said court to be provided and kept as follows: The clerk shall provide and keep, for the use of the chancellor, a loose leaf judge’s docket, in which he shall enter, on a separate sheet, each matter or cause now pending in the court, or hereafter instituted therein, together with a chronological list of all pleadings, orders and decrees in each such matter or cause. The sheets on which the various matters or causes are entered shall be arranged in such docket as the chancellor may direct, and shall remain therein until each matter or cause is finally disposed of, when the sheet containing the entries concerning the same shall be removed, and placed in numerical order in a transfer binder. All litigated or contested matters or causes appearing on the judge’s docket, which are triable by law, or by consent, at any term, shall be set for trial by the chancellor at such time during the term as he may direct. Provided, however, when any chancellor has entered an order on the minute book of the chancery court of the counties in his district requiring the docket of said court to be kept, as provided in this section, Sections 9-5-205 through 9-5-213 shall not apply to the chancery court of said district. Such docket may be kept on computer as provided in Section 9-5-201.

Miss. Code Ann. § 9-5-217 Execution docket and entries therein.

The clerk shall keep an execution docket in the manner required of the clerk of the circuit court, in which he shall enter all final process issued by him, and record at large the returns that may be made thereon.

Miss. Code Ann. § 9-5-241 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 9-5-241 . [Codes, Hutchinson’s 1848, ch. 54, art. 2 (25); 1857, ch. 62, art. 79; 1871, § 1057; 1880, § 1927; 1892, § 584; 1906, § 635; Hemingway’s 1917, § 395; 1930, § 445; 1942, § 1365] § 9-5-243 . [Codes, Hutchinson’s 1848, ch. 54 art. 2(27); 1857, ch. 62, art. 81; 1871, § 1059; 1880, § 1929; 1892, § 586; 1906, § 637; Hemingway’s 1917, § 399; 1930, § 446; 1942, § 1366; Laws, 1962, ch. 286, § 1; Laws, 1968, ch. 324; Laws, 1971, ch. 306, § 1] § 9-5-245 . [Codes, Hutchinson’s 1848, ch. 54, art. 2(28); 1857, ch. 62, art. 82; 1871, § 1060; 1880, § 1930; 1892, § 587; 1906, § 638; Hemingway’s 1917, § 400; 1930, § 447; 1942, § 1367] § 9-5-247 . [Codes, 1857, ch. 62, art. 85; 1871, § 1063; 1880, § 1933; 1892, § 590; 1906, § 641; Hemingway’s 1917, § 403; 1930, § 448; 1942, § 1368] § 9-5-249 . [Codes, Hutchinson’s 1848, ch. 54, art. 2 (29); 1857, ch. 62, art. 84; 1871, § 1062; 1880, § 1931; 1892, § 588; 1906, § 639; Hemingway’s 1917, § 401; 1930, § 449; 1942, § 1369] § 9-5-251 . [Codes, 1857, ch. 62, art. 80; 1871, § 1058; 1880, § 1928; 1892, § 585; 1906, § 636; Hemingway’s 1917, § 396; 1930, § 451; 1942, § 1371] § 9-5-253 . [Codes, 1880, § 1932; 1892, § 589; 1906, § 640; Hemingway’s 1917, § 402; 1930, § 452; 1942, § 1372] Editor’s Notes — Former § 9-5-241 authorized the appointment of masters of the chancery court. Former § 9-5-243 specified the powers of the masters. Former § 9-5-245 granted masters the power to subpoena witness. Former § 9-5-247 authorized the chancellor to direct an accounting in any cause, and specified the manner in which a master could express doubts concerning the accounting. Former § 9-5-249 authorized masters to charge a fee for providing copies of reports or other papers. Former § 9-5-251 authorized the appointment of special commissioners. Former § 9-5-253 authorized the court to require bonds of masters or special commissioners.

Miss. Code Ann. § 9-5-255 Family masters; appointment, qualifications, powers, and duties.

Except as provided by subsection (9) of this section, the senior chancellor of each chancery court district in the state may apply to the Chief Justice of the Supreme Court for the appointment of one or more persons to serve as family masters in chancery in each of the counties or for all of the counties within the respective chancery court district if the senior chancellor states in writing that the chancery court district’s docket is crowded enough to warrant an appointment of a family master. The Chief Justice shall determine from the information provided by the senior chancellor if the need exists for the appointment of a family master. If the Chief Justice determines that the need exists, a family master shall be appointed. If the Chief Justice determines that the need does not exist, no family master shall be appointed. Family masters in chancery shall have the power to hear cases and recommend orders establishing, modifying and enforcing orders for support in matters referred to them by chancellors and judges of the circuit, county or family courts of such county. The family master in chancery shall have jurisdiction over paternity matters brought pursuant to the Mississippi Uniform Law on Paternity and referred to them by chancellors and judges of the circuit, county or family courts of such county. As used in this section, “order for support” shall have the same meaning as such term is defined in Section 93-11-101. In all cases in which an order for support has been established and the person to whom the support obligation is owed is a nonrelated Temporary Assistance for Needy Families (TANF) family on whose behalf the Department of Human Services is providing services, the family master in chancery or any other judge or court of competent jurisdiction shall, upon proper pleading by the department and upon appropriate proceedings conducted thereon, order that the department may recover and that the obligor shall be liable for reasonable attorney’s fees at a minimum of Two Hundred Fifty Dollars ($250.00) or an amount set by the court and court costs which the department incurs in enforcing and collecting amounts of support obligation which exceed administrative fees collected and current support owed by the obligor. Persons appointed as family masters in chancery pursuant to this section shall meet and possess all of the qualifications required of chancery and circuit court judges of this state, shall remain in office at the pleasure of the appointing chancellor, and shall receive reasonable compensation for services rendered by them, as fixed by law, or allowed by the court. Family masters in chancery shall be paid out of any available funds budgeted by the board of supervisors of the county in which they serve; provided, however, in the event that a family master in chancery is appointed to serve in more than one county within a chancery court district, then the compensation and expenses of such master shall be equally apportioned among and paid by each of the counties in which such master serves. The chancery clerk shall issue to such persons a certificate of appointment. Family masters in chancery shall have power to administer oaths, to take the examination of witnesses in cases referred to them, to examine and report upon all matters referred to them, and they shall have all the powers in cases referred to them properly belonging to masters or commissioners in chancery according to the practice of equity courts as heretofore exercised. Family masters in chancery shall have power to issue subpoenas for witnesses to attend before them to testify in any matter referred to them or generally in the cause, and the subpoenas shall be executed in like manner as subpoenas issued by the clerk of the court. If any witness shall fail to appear, the master shall proceed by process of attachment to compel the witness to attend and give evidence. Family masters in chancery are authorized and empowered to conduct original hearings on matters in such county referred to such masters by any chancellor or judge of such county. In all cases heard by masters pursuant to this section, such masters shall make a written report to the chancellor or judge who refers the case to him. Such chancellor or judge may accept, reject or modify, in whole or in part, the findings or recommendations made and reported by the master, and may recommit the matter to the master with instructions. In all cases referred to such master, initialing for approval by the master of a proposed decree shall be sufficient to constitute the master’s report. Any chancellor required by this section to appoint a person or persons to serve as family masters in chancery may forego the requirement to appoint such masters or if family masters have been appointed, such chancellor may terminate such appointments and leave such positions vacant, only if an exemption from the United States Department of Health and Human Services is obtained for the county or counties involved. Such positions may remain vacant for as long as such exemption remains in effect.