MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Fees and Salaries of Public Officers

By: Representative King

AN ACT TO AMEND SECTION 25-7-25 AND 25-7-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A FEE SHALL BE ASSESSED TO COMPLAINING PARTIES WHO PROVIDE ERRONEOUS INFORMATION FOR SERVICE OF PROCESS IN CIVIL CASES; AND FOR RELATED PURPOSES.

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

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

25-7-25. Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10:

(a) A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, except as hereinafter stated, each $25.00

(b) For more than one (1) defendant, for service of process on each defendant 5.00

(c) For service when a complaining party has supplied erroneous information to the clerk and service was not completed after diligent search and inquiry, in addition to the fee provided for in paragraph (a), a fee in the amount of $15.00

(d) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings 15.00

(e) For all services in connection with the issuance of a peace bond 25.00

(f) For celebrating a marriage, and certificate thereof 10.00

(g) Commission to take depositions 5.00

(h) Appeal with proceedings and bond 5.00

(i) A clerk's fee to be collected in all criminal cases in which the defendant is convicted, as follows:

(i) For all violations in Title 63 other than driving under the influence of intoxicating liquor or reckless driving 5.00

(ii) All other criminal cases 25.00

(j) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the

marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.

SECTION 2. Section 25-7-27, Mississippi Code of 1972, is amended as follows:

25-7-27. (1) Marshals and constables shall charge the following fees:

(a) A uniform total fee in all cases, civil and criminal, whether contested or uncontested, which shall include all services in connection therewith, except as hereinafter stated, each $25.00

Provided, however, that in all cases where there is more than one (1) defendant, for service on each additional defendant

$ 5.00

Provided further, that when a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry, the uniform fee shall be assessed regardless of the fact that service was not completed, and that upon subsequent successful service an additional fee shall be due in the following amount $15.00

(b) Provided, however, that after final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee $25.00

(c) Conveying a person charged with a crime to jail, each mile $ .20

To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.

(d) For other service, the same fees allowed sheriffs for similar services.

(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the per diem compensation provided under Section 25-3-69 for each day, or part thereof, for which he serves as bailiff when the court is in session.

(f) For serving all warrants and other process, attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually not to exceed $1,000.00

(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.

(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3). This subsection shall stand repealed from and after July 1, 2000.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.