37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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15-13-137
Section 15-13-137 Conditional judgment set aside, reduced, or made absolute. If the defendants
appear and show sufficient cause for the default to be determined by the court, the conditional
judgment shall be set aside. If the excuse is not sufficient, or if the defendant or sureties
fail to appear at the final forfeiture hearing, the judgment shall be made absolute for the
entire sum expressed in the undertaking, or any portion thereof according to the circumstances.
(Acts 1993, No. 93-677, p. 1259, §38.)...
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15-13-82
Section 15-13-82 Conditional judgment - When set aside or made absolute; when excuses for default
heard. (a) If the defendants appear and show sufficient cause for their default on bail, to
be determined by the court, the conditional judgment must be set aside; but, if the excuse
is not sufficient or if they fail to appear, such judgment must be made absolute for the entire
sum expressed in the undertaking, or any portion thereof, according to the circumstances.
(b) Excuses for default on bail must be heard by the court on application at any time when
not engaged in other business. When a conditional judgment is set aside, no cost must be imposed
on the defendants; provided, however, that this section has no application where money is
deposited instead of bail. (Code 1852, §§707, 708; Code 1867, §§4258, 4259; Code 1876,
§§4867, 4868; Code 1886, §§4436, 4437; Code 1896, §§4379, 4380; Code 1907, §§6359,
6360; Code 1923, §§3392, 3393; Code 1940, T. 15, §§217, 218; Acts...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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15-13-62
Section 15-13-62 Exoneration of bail by surrender of defendant prior to conditional judgment;
bail may arrest or authorize arrest of principal. Bail may, at any time before a conditional
judgment is entered against them, exonerate themselves by surrendering the defendant; and
for that purpose, they may arrest the defendant on a certified copy of the undertaking at
any place in the state, or may authorize another person to arrest him by an endorsement in
writing on such copy. (Code 1852, §609; Code 1867, §4250; Code 1876, §4859; Code 1886,
§4429; Code 1896, §4371; Code 1907, §6351; Code 1923, §3384; Code 1940, T. 15, §209;
Acts 1949, No. 199, p. 230.)...
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6-6-720
Section 6-6-720 Entry of summary judgment in favor of state against certain defaulters or sureties.
Summary judgment must be entered in favor of the state against the defaulters named in this
section and their sureties, or either, in any court of the county of their residence having
jurisdiction, on 10 days' notice, in the following cases: (1) Against any tax assessor for
making up a false or fraudulent assessment, in each case, for not more than $500, and such
tax assessor may also be imprisoned in the county jail for not exceeding three months; (2)
Against any county treasurer or county depositaries, or any officer or agency of the county
charged with the duty and custody of receiving and paying out county funds, for failing to
pay over the excess of purchase money as provided in the revenue law to the former owner of
any property sold for taxes, for not less than $200; (3) Against any judge of probate for
failing to make out and forward abstracts, reports, or returns according to...
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43-8-193
Section 43-8-193 Proceedings against defaulting witness. If any witness, being duly summoned,
fails to attend, the judge of probate shall enter up a conditional fine against him, not exceeding
$50.00, and shall thereupon issue a notice to such witness to appear at a term of said court,
not more than 30 days from the date of such notice and show cause why such fine should not
be made absolute. The proceedings thereafter shall be governed by the same rules, and such
witness shall be subject to the same liabilities, except as to the amount of the fine, as
are provided by law in cases of defaulting witnesses in the circuit court. (Code 1852, §1642;
Code 1867, §1961; Code 1876, §2325; Code 1886, §1993; Code 1896, §4291; Code 1907, §6200;
Code 1923, §10629; Code 1940, T. 61, §56; Code 1975, §43-1-73.)...
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6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
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15-13-136
Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days. In forfeiture
cases where the clerk of the court has failed to issue the conditional forfeiture notice as
stipulated in Section 15-13-132 and where there has been no service as set out in Section
15-13-134 made within 90 days of the order of the court as set out in Section 15-13-131, and
where the sureties have complied with Section 15-13-133, then the sureties shall be discharged
from all liability of the bail and the conditional judgment shall be set aside against such
sureties. (Acts 1993, No. 93-677, p. 1259, §37.)...
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