V.: 'WW' Annotatoti Holidays ci apartment Dartment CD m-:dL/r'\:v>m{Var'3 \;;§;;^ii-5;ri6'7 "'. hi '; S'i TABLE OF CONTENTS VOLUME 2 TITLE 3 STATE SOVEREIGNTY, JURISDICTION AND HOLIDAYS BEGINNING CHAP. SECTION State Sovereignty Commission (Repealed] 3-1-1 1 . 3. State Boundaries, Holidays, and State Emblems 3-3-1 5. Acquisition of Land by United States Government. . . 3-5-1 TITLE 5 LEGISLATIVE DEPARTMENT 1 . Legislature 5-1-1 3. Legislative Committees 5-3-1 5. Interstate Co-operation 5-5-1 7. Lobbying 5-7-1 8. Lobbying Law Reform Act of 1 994 5-8-1 9. Agency Review 5-9-1 11. Abolishment of Agencies 5-11-1 TITLE 7 EXECUTIVE DEPARTMENT Governor 7-1-1 1 . 3. Secretary of State 7-3-1 5. Attorney General 7-5-1 7. State Fiscal Officer; Department of Audit 7-7-1 9. State Treasurer 7-9-1 1 1 . Secretary of State; Land Records 7-11-1 13. Mississippi Administrative Reorganization Act 7-13-1 15. Executive Branch Reorganization Study Commission [Repealed] 7-15-1 17. Mississippi Executive Reorganization Act of 1989 .... 7-17-1 533-002(1991) CODE MISSISSIPPI 1972 ANNOTATED ADOPTEDAS THE OFFICIALCODE OFTHE STATE OFMISSISSIPPI BYTHE 1972 SESSION OFTHE LEGISLATURE VOLUME TWO JURISDICTION AND HOLIDAYS; LEGISLATIVE DEPARTMENT; EXECUTIVE DEPARTMENT; COURTS; CIVIL PRACTICE AND PROCEDURE §§ 3-1-1 to 11-5-167 CONTAININGPERMANENT PUBLIC STATUTES OF MISSISSIPPI TO THE END OF THE 2002 REGULARAND 1ST EXTRAORDINARYLEGISLATIVE SESSIONS LexisNexis' QUESTIONSABOUT THIS PUBLICATION? 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(Pub.44510) PREFACE The Mississippi Code of 1972, which became effective on November 1, 1973, is the culmination of nearly four years of effort on the part of the legislature, the attorney general's office and the publishers, which brings together provisions ofgeneral statutory law having a common subject matter into a more orderly and logical framework of code titles and chapters, and employing a modern and effective section numbering system. A major by- product of the code revision will the state-owned magnetic computer tape containingtheMississippi Code of1972, whichwillbe ofinvaluable assistance to the legislature and to the state. The enabling act for the code was a recommendation of the Mississippi StateBar,whichresultedintheconsiderationandpassageofSenateBill 1964, Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams. The Code Committee provided for in that act was comprised of A. F. Summer, Attorney General, Heber Ladner, Secretary ofState, Representative Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre- sentative H. L. Meredith, Jr., Chairman, HouseJudiciary"A"andJudiciaryen banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and Judiciary en banc Committees, Representative Ney McKinley Gore, Jr., Chairman,HouseJudiciary"B"Committee, andSenatorWilliamE.Alexander, Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby RobertPenton and SenatorHerman B. Decell, Chairman ofHouse and Senate Judiciary "B" Committees, respectively, became members of the Committee, replacingRepresentative Gore and Senator Collins, SenatorAlexanderhaving been appointed Chairman of Senate Judiciary "A" and Judiciary en banc Committees. The DeputyAttorney General, Delos H. Burks, served the Code Committee as Secretary. SpecialAssistantAttorneyGeneralFredJ. Lotterhos, under the supervision of the Attorney General, was assigned the principal responsibility for the supervision ofthe recodification, including the consider- ation and treatment ofsome 16,000 sections ofcode manuscript. Final legislative approval was given to the Mississippi Code of 1972 by passage of Senate Bill 2034, Laws of 1972, which was signed by Governor William L. Waller onApril 26, 1972. Acopy ofthat act is set out in Volume 1, following the Publisher's Foreword. The Code Committee is of the opinion that the recodification has been thoroughly and well accomplished, and will result in a greatly improved repository ofthe general statutory law ofthe state. A. F. Summer Attorney General in PUBLISHER'S FOREWORD This 2002 Replacement Volume 2 ofthe Mississippi Code of 1972 Anno- tated represents material appearing in both the original 1973 bound volume and the 1991 Replacement Volume 2, as well as reflecting amendments, repeals, and new Code provisions enacted by the Mississippi Legislature through the 2002 Regular and 1st Extraordinary Legislative Sessions. This volume contains the text ofTitles 3 through 9, and Title 11, Chapters 1 through 5 ofthe Mississippi Code of 1972 Annotated, as amended through the 2002 Regular and 1st Extraordinary Legislative Sessions. Case annotations are included based on decisions ofthe State and federal courts in cases arisingin Mississippi. Many ofthese cases were decided under the former statutes in effect prior to the enactment ofthe Code of1972. These earlier cases have been moved to pertinent sections of the Code where they may be useful in interpreting the current statutes. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources thatarereadtocreate annotationsforthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthemostrecentcases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court and the Court ofAppeals with decision dates up toApril 30, 2002, and decisions ofthe appropriatefederal courtswithdecision dates up to March 10, 2002. These cases will be printed in the following reporters: Southern Reporter, 2nd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 5th Series: through 97 A.L.R.5th American Law Reports, Federal Series: through 177 A.L.R.Fed Mississippi College Law Review: through Volume 20, No. 1, p. 211 Mississippi Law Journal: through Volume 70, No. 2, p. 851 Finally, published Opinions ofthe Attorney General and opinions of the Ethics Commission have been examined for annotations. A comprehensive Index appears at the end ofthis volume. Publisher's Foreword Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company informa- tion. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, Lexis- Nexis, P.O. Box 7587, Charlottesville, VA 22906-7587. August 2002 LexisNexis VI