As Amended
SEC. 11-51-101. State, county, municipality, and other public officers may appeal without bond; prepayment of costs in lower court; costs of record of trial court.
(1) The state, and any county, city, town or village thereof, and the officials representing the state, county, city, town or village, in any suit or action, and any state, county, city, town or village officer who is a party to any suit or action in his official character, in which suit or action the state, county, city, town or village is beneficially interested, and the several incorporated charitable or educational institutions established and maintained by the state, and all corporate instrumentalities wholly owned by the United States Government, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge, from which an appeal may be taken, without prepayment of costs in the lower court, provided, however, that the cost of the preparation of the record of the proceedings in the trial court shall be prepaid. In any such case, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required.
(2) Any person who is a party to a suit or action in his individual capacity which suit arises from allegedly tortious actions and deeds committed by him during the time he was a member, trustee, director, superintendent, official or employee, as the case may be, of the Mississippi Penitentiary Board, the State Penitentiary or the state insane hospitals and which allegedly tortious acts and deeds were committed by the person in the performance of his duties or employment, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge, from which an appeal may be taken, without prepayment of costs in the lower court, including the costs of the preparation of the record of the proceedings in the trial court. In such cases, if a supersedeas is allowed and desired a bond for supersedeas shall not be required. The provisions of this section shall not apply to any such judgment, decree, decision or order in favor of the State of Mississippi.
SOURCES: Codes, 1880, Sec. 2333; 1892, Sec. 93; 1906, Sec. 94; Hemingway's 1917, Sec. 76; 1930, Sec. 76; 1942, Sec. 1210; Laws, 1938, ch. 356. Laws, 1975, ch. 448; 1990, ch. 454, Sec. 1, eff from and after July 1, 1990.