MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary A

By: Representatives Banks, Watson, Paden, Bell (65th), Brown (70th), Straughter, Walker

House Bill 371

AN ACT TO AMEND SECTION 9-5-137, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE CHANCERY CLERK; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-5-137, Mississippi Code of 1972, is amended as follows:

     9-5-137.  It shall be the duty of the clerk to preserve and keep all records, files, papers and proceedings belonging to his office, and to record all last wills and testaments which may be probated; all letters testamentary, of administration, and guardianship; all accounts allowed; all inventories, appraisements, and reports duly returned; all instruments which are duly proved, and which by law are required to be recorded in his office, in well-bound books to be kept for that purpose, each class in a separate book or books, or by means of electronic filing or storage or both in addition to or in lieu of any such physical records as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect; all records shall be properly indexed, and all social security numbers shall be removed from land transfer deeds.  He shall issue all process which may be required of him by law or by order of the court, or the chancellor in vacation; and shall discharge all other duties which may be required of him by law, or which properly appertain to the duties of his office.  The clerk shall be under the direction of the court in termtime, and of the chancellor in vacation.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.