MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Gordon

AN ACT TO AMEND SECTION 9-7-123, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DEPUTY CIRCUIT CLERKS TO GIVE SURETY BONDS BEFORE ENTERING THE DUTIES OF THE APPOINTMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-7-123, Mississippi Code of 1972, is amended as follows:

9-7-123. (1) The clerk of the circuit 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 may give bond, 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.

(2) Each deputy clerk of the circuit court, before he enters upon the duties of the appointment, may give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to three percent (3%) 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 the circuit clerk. However, such bond shall not exceed the amount of One Hundred Thousand Dollars ($100,000.00). And he may give additional bond from time to time, for the faithful application of all monies coming into his hands by law or order of the court; but such additional bonds shall be cumulative security, and the original bond shall likewise cover all monies coming into the hands of the deputy clerk by law or order of the court. The board of supervisors may, in its discretion, pay the cost of the bond authorized in this subsection (2).

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.