Bill Text: MS HB1319 | 2015 | Regular Session | Engrossed
Bill Title: Marshals and constables; revise fees charged for service of process.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Failed) 2015-03-03 - Died In Committee [HB1319 Detail]
Download: Mississippi-2015-HB1319-Engrossed.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B; Fees and Salaries of Public Officers
By: Representatives Carpenter, Barton, Bell, Monsour, Pigott, Rogers (61st), Rushing, Staples, Taylor, Weathersby, Willis
House Bill 1319
(As Passed the House)
AN ACT TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO REVISE THE FEES WHICH MAY BE CHARGED BY MARSHALS AND CONSTABLES FOR SERVICE OF PROCESS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-7-27, Mississippi Code of 1972, is amended as follows:
25-7-27. (1) Marshals and constables shall charge the following fees:
(a) (i) A
uniform total fee in all civil and criminal cases * * * for the service of each process, summons, warrant,
writ or other notice as may be required by law or the
court............................................. $ * * * 40.00
* * *
( * * *iiiii) In all cases where there is more
than one (1) defendant residing at the same household, for service on
each additional defendant................................................ $
5.00
(iii) For all service of all process of every kind and nature issued from outside the county where it is
to be served............................................. $40.00
(iv) When a complaining party has provided erroneous
information to the clerk of the court relating to the service of process on the
defendant or defendants and process cannot be served after diligent search and
inquiry, the * * * fee
provided for under subparagraph (i) of this paragraph shall be assessed * * *.
* * *
(b) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee................... * * *$40.00
(c) For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2).
To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.
(d) For other service, the same fees allowed sheriffs for similar services.
(e) For service as a bailiff
in any court in a civil case, to be paid by the county on allowance of the
court on issuance of a warrant therefor, an amount equal to the * * * amount provided
under Section * * *
19-25-31 for each day, or part thereof, for which he serves as bailiff
when the court is in session.
(f) For serving all warrants and other process and attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually...................................................... $1,800.00
(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.
(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
