MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary; County Affairs

By: Senator(s) Rayborn

AN ACT TO AMEND SECTION 25-7-25, MISSISSIPPI CODE OF 1972, TO REQUIRE A FEE IN JUSTICE COURT TO BE PAID BY AN AFFIANT WHO DROPS CRIMINAL CHARGES; TO ALLOW THE JUSTICE COURT JUDGE TO WAIVE THIS FEE; 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) After final judgment has been enrolled,

further proceedings involving levy of

execution on judgments, and attachment and garnishment proceedings 15.00

(d) For all services in connection with the

issuance of a peace bond 25.00

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

(f) Commission to take depositions 5.00

(g) Appeal with proceedings and bond 5.00

(h) 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

(i) A clerk's fee to be collected in all

criminal cases in which the affiant

drops the charges, to be paid by the

affiant, but provided that the

imposition of the fee may be waived

in the discretion of the court 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. This act shall take effect and be in force from and after October 1, 1999.