MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees and Salaries of Public Officers

By: Representative Compretta

House Bill 642

(As Passed the House)

AN ACT TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CLERKS OF THE CHANCERY COURTS TO WAIVE THE FEES FOR RECORDING INSTRUMENTS FOR PUBLIC ENTITIES; TO AMEND SECTIONS 9-1-43, 9-5-161, 25-7-11, 27-43-4, 29-1-95, 29-3-82, 63-17-3, 75-61-3, 79-1-1, 79-15-19, 79-17-13, 85-8-13, 89-5-23 AND 89-5-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-7-9, Mississippi Code of 1972, is amended as follows:

25-7-9. (1) The clerks of the chancery courts shall charge the following fees:

(a) For the act of certifying copies of filed documents, for each complete document $ 1.00

(b) Recording deeds, wills, leases, amendments, subordinations, liens, releases, cancellations, orders, decrees, oaths, etc., including indexing 6.00

Sectional index entries per section or subdivision 1.00

(c) Recording deeds of trust 10.00

Sectional index entries per section or subdivision 1.00

(d) (i) Recording oil and gas leases, etc.,

including indexing in general indices 12.00

Sectional index entries per section or subdivision 1.00

(ii) Recording oil and gas cancellations, assignments, etc., including indexing in general indices:

First page 5.00

Each additional page 2.00

Abstracting each section or subdivision 1.00

Sectional index entries per section or subdivision 6.00

(e) 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 .50

If performed by any other person, per page .25

(f) For each day's attendance on the board of

supervisors, for himself and one (1)

deputy, each................................. 20.00

(g) 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 1,500.00

(h) 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 30.00

For the second chancellor sitting, clerk only 30.00

 * * *The fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.

(i) 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.

(j) 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

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 the fees may be demanded before the document is recorded. The clerks of the chancery courts may waive the fees for recording instruments for public entities.

(2) In accordance with Uniform Chancery Court Rule 9.01 as approved by Order of the Mississippi Supreme Court, the following fees shall be a total fee for all services performed by the clerk with respect to a complaint 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 to wit:

(a) Divorce to be contested $ 75.00

(b) Divorce uncontested 30.00

(c) Alteration of birth or marriage certificate 25.00

(d) Removal of minority 25.00

(e) Guardianship or conservatorship 75.00

(f) Estate of deceased, intestate 75.00

(g) Estate of deceased, testate 75.00

(h) Adoption 75.00

(i) Land dispute 75.00

(j) Injunction 75.00

(k) Settlement of small claim 30.00

(l) Contempt in child support 75.00

(m) Partition suit 75.00

(n) Any cross-complaint 25.00

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 person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.

SECTION 2. Section 9-1-43, Mississippi Code of 1972, is amended as follows:

9-1-43. (1) After making deductions for employee salaries and related salary expenses, and expenses allowed as deductions by Schedule C of the Internal Revenue Code, no chancery clerk or circuit clerk of any county in the state shall receive fees as compensation for his services in excess of Seventy-five Thousand Six Hundred Dollars ($75,600.00), and from and after January 1, 2000, in excess of Eighty-three Thousand One Hundred Sixty Dollars ($83,160.00), which is the annual salary of the Governor in Fiscal Year 1996 fixed in Section 25-3-31. All such fees received by chancery or circuit clerks that are in excess of the Governor's annual salary shall be deposited by such clerk into the county general fund on or before April 15 for the preceding calendar year. There shall be exempted from the provisions of this subsection any monies or commissions from private or governmental sources which (a) are to be held by the chancery or circuit clerk in a trust or custodial capacity as prescribed in subsections (4) and (5), or (b) are received as compensation for services performed upon order of a court or board of supervisors which are not required of the chancery clerk or circuit clerk by statute.

(2) It shall be unlawful for any chancery clerk or circuit clerk to use fees in excess of Seventy-five Thousand Six Hundred Dollars ($75,600.00), and from and after January 1, 2000, in excess of Eighty-three Thousand One Hundred Sixty Dollars ($83,160.00), which is the annual salary fixed in Section 25-3-31 for the Governor in Fiscal Year 1996, to pay the salaries or actual or necessary expenses of employees who are related to such clerk by blood or marriage within the first degree of kinship according to the civil law method of computing kinship as provided in Sections 1-3-71 and 1-3-73. Provided, however, that the prohibition of this subsection (2) shall not apply to any individual who was an employee of the clerk's office prior to the date his or her relative was elected as chancery or circuit clerk. The spouse and/or any children of the chancery clerk or circuit clerk employed in the office of the chancery clerk may be paid a salary; however, the combined annual salaries of the clerk, spouse and any child of the clerk may not exceed an amount equal to the Governor's salary.

(3) The chancery clerk and the circuit clerk shall be liable on their official bond for the proper deposit and accounting of all monies received by his office. The State Auditor shall promulgate uniform accounting methods for the accounting of all sources of income by the offices of the chancery and circuit clerk.

(4) There is hereby created in the county depository of each county a clearing account to be designated as the "chancery court clerk clearing account," into which shall be deposited: (a) all such monies as the clerk of the chancery court shall receive from any person complying with any writ of garnishment, attachment, execution or other like process authorized by law for the enforcement of child support, spousal support or any other judgment; (b) any portion of any fees required by law to be collected in civil cases which are to pay for the service of process or writs in another county; and (c) any other money as shall be deposited with the court which by its nature is not at the time of its deposit public monies, but which is to be held by the court in a trust or custodial capacity in a case or proceeding before the court. The clerk of the chancery court shall account for all monies deposited in and disbursed from such account and shall be authorized and empowered to draw and issue checks on such account at such times, in such amounts and to such persons as shall be proper and in accordance with law.

The following monies paid to the chancery clerk shall be subject to the salary limitation prescribed under subsection (1): (a) all fees required by law to be collected for the filing, recording or abstracting of any bill, petition, pleading or decree in any civil case in chancery; (b) all fees collected for land recordings, charters, notary bonds, certification of decrees and copies of any documents; (c) all land redemption and mineral documentary stamp commissions; and (d) any other monies or commissions from private or governmental sources for statutory functions which are not to be held by the court in a trust capacity. Such fees as shall exceed the salary limitations shall be maintained in a bank account in the county depository and accounted for separately from those monies paid into the chancery court clerk clearing account.

(5) There is hereby created in the county depository in each county a clearing account to be designated as the "circuit court clerk civil clearing account," into which shall be deposited: (a) all such monies and fees as the clerk of the circuit court shall receive from any person complying with any writ of garnishment, attachment, execution or any other like process authorized by law for the enforcement of a judgment; (b) any portion of any fees required by law or court order to be collected in civil cases; (c) all fees collected for the issuance of marriage licenses; and (d) any other money as shall be deposited with the court which by its nature is not at the time of its deposit public monies but which is to be held by the court in a trust or custodial capacity in a case or proceeding before the court.

There is hereby created in the county depository in each county a clearing account to be designated as the "circuit court clerk criminal clearing account," into which shall be deposited: (a) all such monies as are received in criminal cases in the circuit court pursuant to any order requiring payment as restitution to the victims of criminal offenses; (b) any portion of any fees and fines required by law or court order to be collected in criminal cases; and (c) all cash bonds as shall be deposited with the court. The clerk of the circuit court shall account for all monies deposited in and disbursed from such account and shall be authorized and empowered to draw and issue checks on such account, at such times, in such amounts and to such persons as shall be proper and in accordance with law; provided, however, such monies as are forfeited in criminal cases shall be paid by the clerk of the circuit court to the clerk of the board of supervisors for deposit in the general fund of the county.

The following monies paid to the circuit clerk shall be subject to the salary limitation prescribed under subsection (1): (a) all fees required by law to be collected for the filing, recording or abstracting of any bill, petition, pleading or decree in any civil action in circuit court; (b) copies of any documents; and (c) any other monies or commissions from private or governmental sources for statutory functions which are not to be held by the court in a trust capacity.

(6) The chancery clerk and the circuit clerk shall establish and maintain a cash journal for recording cash receipts from private or government sources for furnishing copies of any papers of record or on file, or for rendering services as a notary public, or other fees wherein the total fee for the transaction is Ten Dollars ($10.00) or less. The cash journal entry shall include the date, amount and type of transaction, and the clerk shall not be required to issue a receipt to the person receiving such services. Except as provided in Section 25-7-9, the State Auditor shall not take exception to the furnishing of copies or the rendering of services as a notary by any clerk free of charge.

(7) Any clerk who knowingly shall fail to deposit funds or otherwise violate the provisions of this section shall be guilty of a misdemeanor in office and, upon conviction thereof, shall be fined in an amount not to exceed double the amount that he failed to deposit, or imprisoned for not to exceed six (6) months in the county jail, or be punished by both such fine and imprisonment.

SECTION 3. Section 9-5-161, Mississippi Code of 1972, is amended as follows:

9-5-161. (1) 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.

(2) 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 the court, affecting the title of lands in the county, when requested so to do by any person interested in the lands, and, except as provided in Section 25-7-9, 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 the proceedings or parts thereof shall be constructive notice from the date of the filing to all persons of the proceedings the same as if they had been decided by the chancery court.

(3) 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.

SECTION 4. Section 25-7-11, Mississippi Code of 1972, is amended as follows:

25-7-11. 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. The chancery clerk may waive the fees for recording instruments for public entities as provided in Section 25-7-9. 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.

SECTION 5. Section 27-43-4, Mississippi Code of 1972, is amended as follows:

27-43-4. With respect to lands sold for the nonpayment of municipal taxes, both for ad valorem and for special improvements, the municipal clerk shall issue the same type notices and perform all other requirements as set forth in Section 27-43-1 through 27-43-11, inclusive, and for so doing, the municipality shall be allowed the same fees as set forth in these sections. However, all certificates or affidavits of the municipal clerk shall be filed with the chancery clerk of the county in which the municipality is located for which the chancery clerk shall be allowed a filing fee of One Dollar ($1.00) per affidavit or certificate unless the chancery clerk waives the fee in accordance with Section 25-7-9.

SECTION 6. Section 29-1-95, Mississippi Code of 1972, is amended as follows:

29-1-95. (1) All taxes due the county, municipality, public school district, drainage district or levee board on lands sold to the state for taxes and listed into the Secretary of State's office shall remain in abeyance until the land be sold, and thereafter such taxes shall be paid out of the purchase money; but state, county, municipality, public school district, drainage district or levee board taxes shall not accrue on such lands after the fiscal year in which it was certified to the state. Upon the payment of the purchase money of any tax land into the treasury, the Secretary of State shall certify to the Department of Finance and Administration and to the Treasurer the amount of fees and costs allowed to the county tax collector and chancery clerk, as in cases of the redemption of lands from tax sales, under the provisions of Section 25-7-21; and the Department of Finance and Administration shall issue warrants in favor of such county tax collector and chancery clerk for the amount of such fees except those fees waived in accordance with Section 25-7-9. The Secretary of State shall also certify to the Department of Finance and Administration and the Treasurer the amount of the county, municipality, public school district, drainage district and levee board taxes for which the land was sold to the state, and all taxes accruing on the land until the year in which it was certified to the state; and the Department of Finance and Administration shall issue warrants in favor of the proper county, municipality, public school district, drainage district, and levee board for the * * * four (4) years' taxes. The balance of the purchase money shall be deposited into a special fund to be known as the "Land Records Maintenance Fund," that is * * * created in the State Treasury and shall be used for the restoration, preservation and maintenance of the records of state-owned land and the disposition of lands sold to the state for taxes. The fund shall be administered by the Secretary of State. Any amount on hand in the Land Records Maintenance Fund at the end of the fiscal year shall not lapse into the State General Fund.

(2) If, after the payment of the fees and costs allowed to the county tax collector and the chancery clerk, as aforesaid, the balance of the purchase money of any tax land paid into the treasury shall be insufficient to cover the amount of the state, county, municipality, public school district, drainage district or levee board taxes due thereon, or if the records of the Secretary of State fail to show the amount of state, county, municipality, public school district, drainage district or levee board taxes accruing for the years until the land was certified to the state, on lands sold by the Secretary of State, he shall apportion the balance of the purchase money derived from the sale of such lands between the state, county, municipality, public school district, drainage district and levee board upon the basis of the amount of taxes due the state, county, municipality, public school district, drainage district and levee board, respectively, at the time the land was struck off to the state for delinquent taxes by the sheriff and tax collector, and for which the lands were struck off to the state.

(3) All funds derived from the sale of properties under the provisions of Sections 7-11-15, 29-1-27, 29-1-29, 29-1-35, 29-1-37, 29-1-53 through 29-1-57, 29-1-73 and 29-1-81 through 29-1-87 shall be handled in the manner provided herein for funds derived from the sale of lands.

SECTION 7. Section 29-3-82, Mississippi Code of 1972, is amended as follows:

29-3-82. The following procedure shall be followed for the leasing of sixteenth section school lands or lands granted in lieu thereof which are not classified as agricultural land:

(a) Any present leaseholder who desires to renew his lease, or any person who desires to lease sixteenth section or lieu lands, shall make application to the superintendent of education.

(b) Upon receipt of an application for the lease of such lands, the superintendent of education shall promptly give consideration to the application and he shall record his recommendation in writing and present it to the board of education at the next regular meeting of the board.

(c) The board of education, at its meeting, shall consider the application and recommendation of the superintendent of education and may receive any other information which it considers bearing upon the approval of the application and lease of such land. Within thirty (30) days of the receipt of an application, the board shall act on the application and if such action is favorable, the board of education shall submit to the superintendent of education a suggested lease agreement.

(d) The superintendent of education shall then present the lease to the board of supervisors of the county where such land is located. Within thirty (30) days of the receipt of the lease, the board of supervisors shall accept or reject the proposed rental amount.

(e) If the board of supervisors accepts the lease as proposed by the board of education, the superintendent of education shall execute the lease to the applicant under the terms and conditions set forth in the lease.

(f) If the board of supervisors refuses to accept the rental value set by the board of education in the proposed lease, the rental value of the lease shall be determined under the provisions set forth in Section 29-3-1(2).

(g) All sixteenth section or lieu land leases shall be reduced to writing and signed in triplicate by the president of the board of supervisors, the president of the board of education and the superintendent of education. The chancery clerk shall certify one (1) copy of the lease to the superintendent of education and one (1) copy to the State Land Commissioner, and shall record the original on the deed records of the county, abstract the lease as a mesne conveyance, and record it on the minutes of the board of supervisors. The chancery clerk shall charge and collect from the lessee the full recording fees except as provided in Section 25-7-9.

SECTION 8. Section 63-17-3, Mississippi Code of 1972, is amended as follows:

63-17-3. The bill of sale provided for in Section 63-17-1 may be recorded in a book to be provided and kept for that purpose in the office of the clerk of the chancery court in the county of the residence of the owner of the automobile. The owner or other person having an automobile in his possession who has no bill of sale may make affidavit, stating the name of the party from whom purchase was made, place and date of purchase, particularly describing the automobile, by motor number, and otherwise as prescribed for a bill of sale, which affidavit may be recorded. A copy of the bill of sale, or affidavit of ownership as made and certified by the clerk, shall be received and accepted in lieu of the original. Except as provided in Section 25-7-9, the clerk shall charge and collect a fee of Fifty Cents (504) for recording and certifying the record thereof, and shall charge and collect a fee of Fifty Cents (504) for furnishing a certified copy of such bill of sale or affidavit.

SECTION 9. Section 75-61-3, Mississippi Code of 1972, is amended as follows:

75-61-3. No person, firm or corporation shall sell, or offer for sale, in any county of this state at auction, a stock of merchandise consisting of gold, silver, or plated ware, precious stones, watches, clocks, cut glass, china, or jewelry, without first having filed with the clerk of the chancery court of the county in which the sale is to be conducted a full and complete inventory of each article or class of articles to be offered at the auction sale, with an affidavit in support thereof, including (1) the description and acquisition cost of each article or class of articles, together with the name of the manufacturer thereof, where ascertainable; (2) the number of articles in each such class; (3) the serial number of each such article, where numbered; and (4) the aggregate acquisition cost of all the stock of such merchandise to be offered at the public auction. There shall be appended to the inventory an affidavit which shall state (1) that the * * * inventory is true and correct, together with the aggregate acquisition cost thereof; (2) that the articles of merchandise were acquired in the usual course of trade, and not for the purpose of offering the same for sale at the auction; (3) that none of the listed articles of merchandise was acquired within the ninety-day period immediately preceding the beginning of the auction sale; and (4) that no additional merchandise as described above will be acquired or offered for sale during the * * * auction. True copies of the inventory shall be kept posted in a public place on the premises where the * * * auction sale is being conducted, which shall be corrected at the close of each day's business so as to accurately show the number of articles remaining to be sold in each such class, together with their aggregate acquisition cost. In case the merchandise to be sold belongs to an individual, the inventory and affidavit shall be made by the owner. In case the merchandise belongs to a firm, the inventory and affidavit shall be made by a member thereof, and in the case of the corporation, the inventory and affidavit shall be made by an officer, or the general manager, or by someone having personal knowledge of the facts. No additions shall thereafter be made to the stock to be offered at the auction sale. The * * * inventory and affidavit shall be a part of the records of the chancery clerk, and, except as provided in Section 25-7-9, he shall be paid a fee of Two Dollars and Fifty Cents ($2.50) by the person filing the inventory.

SECTION 10. Section 79-1-1, Mississippi Code of 1972, is amended as follows:

79-1-1. Whenever the period of existence of a corporation heretofore created with a life of fifty (50) years shall have expired prior to the passage of this section, then every such corporation which shall continue to do business for ninety (90) days after the passage of this section, by the doing of such business shall be deemed to have accepted an extension of the time of life of such corporation to a full period of ninety-nine (99) years from the date of the original charter thereof. Such corporation shall continue in existence as a de jure corporation as fully and completely as if the charter thereof had been thus amended prior to the end of the original fifty-year period. Likewise, whenever the period of existence of a corporation heretofore created for a period of fifty (50) years, shall expire hereafter, if such corporation shall continue to do business thereafter for a period of ninety (90) days, the same shall operate as an acceptance of an extension of time of the life of such corporation to a full period of ninety-nine (99) years from the date of the original charter thereof, and such corporation shall continue in existence as a de jure corporation as fully and completely as if the charter thereof had been thus amended prior to the end of the original fifty-year period.

Provided, however, that when a corporation adopts by proper resolution the provisions of this section, it shall, within ninety (90) days thereafter, file in the Office of the Secretary of State and also in the office of the chancery clerk of the county of its domicile, a copy of the * * * resolution, duly certified to by the secretary with the corporate seal affixed thereto. Upon the filing of this resolution, it shall be recorded by the Secretary of State and the chancery clerk and proper index made thereof in their offices to show the extension of the corporate existence of the particular corporation, and a proper certificate forwarded to the corporation for its record. The fee of the Secretary of State for filing and recording the * * * resolution shall be the sum of Five Dollars ($5.00), and, except as provided in Section 25-7-9, the fee of the chancery clerk shall be the sum of Two Dollars and Fifty Cents ($2.50).

Provided, further, that the provisions of this section shall in no way, shape, form or fashion abate or nullify any suit or claim, of whatsoever kind or nature, accrued, or to accrue prior to the effective date of this section.

SECTION 11. Section 79-15-19, Mississippi Code of 1972, is amended as follows:

79-15-19. The declaration of trust shall be signed and acknowledged by the initial trustees and recorded in the office of the clerk of the chancery court in the county in which the principal place of business of the investment trust is located, and also with the Secretary of State of Mississippi, and, except as provided in Section 25-7-9, such officers are authorized to charge a fee for such recording, as in the manner and in the amount provided for the recording of articles of incorporation of business corporations. Amendments to declarations of trust shall be recorded in the manner above set out for the original.

SECTION 12. Section 79-17-13, Mississippi Code of 1972, is amended as follows:

79-17-13. Ten (10) or more producers of agricultural products in the State of Mississippi who may desire that they, their associates, and successors shall come under this chapter and enjoy its benefits may enter into articles of association and incorporation, which shall set forth the name of the organization, the period of its existence (which shall be for not more than ninety-nine (99) years), its domicile, and that it is to be organized and operated under this chapter. Such articles shall be in duplicate and signed and acknowledged by all those named therein and filed with the Secretary of State of Mississippi. Upon the receipt of Twenty-five Dollars ($25.00) as a recording fee, the Secretary of State shall file both of the copies, endorsing thereon over his official signature the filing and the date thereof. Thereupon and by such filing and indorsement, the association described in the * * * articles shall be and become a complete and valid corporation without capital stock and without individual liability on the part of the organizers, their associates and successors, who may become members of such incorporated association, or on the part of the directors and officers of such organization, notwithstanding indebtedness be incurred by the corporation and it be without capital stock. Such articles when so filed shall be the charter of such corporation. Upon the filing and endorsement of the articles as aforesaid, the Secretary of State shall return one (1) of the copies of the articles to the corporation, which shall have the same recorded in the record of charters in the office of the clerk of the chancery court of the county in which the principal office or place of business of such corporation is located, and the Secretary of State shall retain the other copy of the articles for his files and record it and the endorsements thereon in the records of charters in his office. Such articles may be amended by the same procedure except that the proposed amendment shall be signed by two (2) executive officers, only after authority given by the vote of a majority of the members present at any membership meeting duly called and held; provided, however, that notice of such meeting and a statement of the substance of the proposed amendment to the articles of association and incorporation shall be mailed or delivered by hand to all members of the incorporated association at least fifteen (15) days prior to the date of such meeting. Except as otherwise provided in Section 25-7-9, the recording fee for an amendment to such articles shall be Twenty Dollars ($20.00).

SECTION 13. Section 85-8-13, Mississippi Code of 1972, is amended as follows:

(1) The fee for filing and indexing each notice of lien or certificate or notice affecting the lien in the Office of the Secretary of State is:

(a) For a lien on real estate $5.00

(b) For a lien on personal property $5.00

(c) For a certificate of discharge or subordination $5.00

(d) For all other notices, including a certificate of release or nonattachment $5.00

(2) Except as otherwise provided in Section 25-7-9, the fee for filing and indexing each notice of lien or certificate or notice affecting the lien in the office of the chancery clerk is:

(a) For a lien on real estate $2.50

(b) For a lien on personal property $2.50

(c) For a certificate of discharge or subordination

$2.50

(d) For all other notices, including a certificate of release or nonattachment $1.00

(3) The appropriate officer shall bill the district directors of Internal Revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.

SECTION 14. Section 89-5-23, Mississippi Code of 1972, is amended as follows:

89-5-23. (1) Whenever any oil, gas and mineral lease which is now or may hereafter be recorded in any county of this state shall expire or terminate, the holder of such oil, gas and mineral lease, or the last assignee of record thereof, as the case may be, shall be required to cancel of record such oil, gas and mineral lease by entering upon the margin of the record of such lease, a notation that the oil, gas and mineral lease has terminated and expired, which entry shall be attested by the clerk of the chancery court and shall discharge and release the lands therein described from the oil, gas and mineral lease; or the holder or last assignee of record, as the case may be, of an oil, gas and mineral lease may execute an instrument, duly recordable under the laws of this state, stating that the * * * oil, gas and mineral lease has expired and terminated and that no further rights or claims will be asserted thereunder.

Except as provided in Section 25-7-9, the chancery clerk shall be allowed a fee of One Dollar ($1.00) for making such cancellation, and shall not be required to index same on sectional index but shall be required to note the cancellation on the margin of the record where the lease is recorded and if the cancellation is by separate instrument he shall note the cancellation on the margin where lease is recorded showing book and page of the instrument of cancellation.

(2) If the holder of an oil, gas and mineral lease or the last assignee of record, as the case may be, shall not, within one (1) month after written request made by the lessor or his assigns, cancel on the record the oil, gas and mineral lease, or furnish proof, as above provided, that the same has expired and terminated, the lessee or the last assignee of record, as the case may be, of such oil, gas and mineral lease, shall forfeit the sum of One Hundred Dollars ($100.00), which may be recovered by suit on the part of the party aggrieved.

SECTION 15. Section 89-5-25, Mississippi Code of 1972, is amended as follows:

89-5-25. (1) It shall be the duty of the clerk of the chancery court to whom any written instrument is delivered to be recorded, and which is properly recordable in his county, to record the same without delay, together with the acknowledgments of proofs and the certificates thereof, and also the plats of surveys, schedules, and other papers thereto annexed, by entering them word for word in a fair handwriting, or typewriting, or by filling up printed forms, or by recording by photostat machine or other equally permanent photographic or electronic process, and entering the hour and minute, the day of the month, and the year when the instrument was delivered to him for record, and when recorded. Records filed or stored electronically may be in addition to, or in lieu of, the physical record on paper. He shall also carefully preserve all instruments of writing, which are properly acknowledged and delivered to him to be recorded, and after recording deliver them to the party entitled thereto on demand. He shall also put a complete alphabetical index, both direct and reverse, to each book, except as provided in subsection (2), herein; and every person shall have access, at proper times, to such books, and be entitled to transcripts from the same on paying the lawful fees except as otherwise provided in Section 25-7-9. He shall record the deeds and other instruments in the order of time in which they are filed for record as far as practicable.

(2) In counties having a population in excess of one hundred nineteen thousand (119,000) with an assessed valuation of all taxable property therein in excess of Sixty-three Million Dollars ($63,000,000.00), and having two (2) cities wholly located therein, each with a population in excess of thirty thousand (30,000) persons according to the preceding Federal Census, wherein the clerk of the chancery court has a well kept general index, both direct and reverse, for each kind or class of record books as required by Section 89-5-33, the board of supervisors may, by order spread upon its minutes, authorize the clerk of the chancery court to omit putting such index in each separate book of the records to which such general index is kept.

(3) This section shall not be construed to authorize and empower the boards of supervisors to purchase any photostat machines or other equally permanent photographic or electronic processes.

SECTION 16. This act shall take effect and be in force from and after July 1, 1998.