2005 Regular Session
To: Judiciary B
By: Representative Banks
AN ACT TO AMEND SECTION 19-19-9, MISSISSIPPI CODE OF 1972, TO ESTABLISH A PROCEDURE TO EXECUTE COURT ORDERS WHEN A CONSTABLE FAILS; TO AMEND SECTION 19-19-15, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR NEGLECT OF DUTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-19-9, Mississippi Code of 1972, is amended as follows:
19-19-9. (1) If any constable or other officer fails to execute and return, according to law, any execution to him directed by any justice court judge, on or before the return day thereof, the plaintiff in execution may recover the amount thereof, with interest and costs and five percent (5%) damages thereon, by motion before the justice to whom the execution was returnable, against the officer and his sureties. When any constable, or such other officer, or his sureties, shall have paid the amount of money and damages recovered, the original judgment shall be vested in the person so paying. The justice, on motion, may fine the officer not exceeding Fifty Dollars ($50.00) for failing to return such execution.
(2) In addition to the provisions of subsection (1) of this section, if any constable receives an order from any court and fails to execute and return such order within thirty (30) days, or such other time as may be applicable by law, the court upon motion of a party or upon its own motion may select another constable to execute such order. The constable failing to execute such order shall be fined as provided by this section or any other applicable section, within the discretion of the court, unless good cause be shown.
SECTION 2. Section 19-19-15, Mississippi Code of 1972, is amended as follows:
19-19-15. A constable who shall fail to discharge any of the duties required of him, when no other penalty is provided for such failure, shall be liable to be fined, as for a contempt, not exceeding One Hundred Dollars ($100.00) by the justice court judge before whom the proceedings may be pending.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.