SEC. 25-7-25. Justice courts.
Costs and fees in the justice court shall be charged as follows and
shall be paid in advance to the clerk of the justice court in accordance
with the provisions of Section 9-11-10.
(a) A uniform total fee in all civil cases, whether
contested or uncontested, which shall include all
services in connection therewith, including levy of
execution, attachment and garnishment, except as
hereinafter stated, each ............................. $15.00
(b) For more than one (1) defendant, for service of
process on each defendant ............................ 3.00
(c) For all services in connection with the issuance of
a peace bond ......................................... 15.00
(d) For celebrating a marriage, and certificate thereof .. 10.00
(e) Commission to take depositions ....................... 5.00
(f) Appeal with proceedings and bond ..................... 5.00
(g) A clerk's fee to be collected in all criminal cases
in which the defendant is convicted, as follows:
(i) For all violations in Title 63 other than driving
under the influence of intoxicating liquor or
reckless driving ................................... 5.00
(ii) All other criminal cases .......................... 10.00
(h) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.
SOURCES: Codes, 1880, Sec. 450; 1892, Sec. 2006; 1906, Sec. 2182; Hemingway's 1917, Sec. 1863; 1930, Sec. 1792; 1942, Sec. 3940; Laws, 1922, ch. 165; 1944, ch. 185; 1952, ch. 242, Sec. 1; 1958, ch. 340; 1966, ch. 441, Sec. 1; 1972, ch. 420, Sec. 1; 1975, ch. 409; 1978, ch. 336, Sec. 1; 1979, ch. 476, Sec. 1; 1982, ch. 423, Sec. 5; 1985, ch. 440, Sec. 5. Laws, 1993, ch. 435, Sec. 1; 1994, ch. 576, Sec. 1, eff from and after May 1, 1994.
1997 Amendment:
SECTION 1. Section 25-7-25, Mississippi Code of 1972, is amended as follows:
25-7-25. Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10:
(a) A uniform total fee in all civil cases, whether contested
or uncontested, which shall include all services in connection therewith,
* * * except as hereinafter stated, each $25.00
(b) For more than one (1) defendant, for service of process on
each defendant 5.00
(c) After final judgment has been enrolled, further proceedings
involving levy of execution on judgments, and attachment and garnishment
proceedings 15.00
(d) For all services in connection with the issuance of
a peace bond 25.00
(e) For celebrating a marriage, and certificate thereof
10.00
(f) Commission to take depositions 5.00
(g) Appeal with proceedings and bond 5.00
(h) A clerk's fee to be collected in all criminal cases
in which the defendant is convicted, as follows:
(i) For all violations in Title 63 other than driving under the
influence of intoxicating liquor or reckless driving 5.00
(ii) All other criminal cases 25.00
(i) In addition to the salary provided for in subsection
(1) of Section 25-3-36, each justice court judge may receive a fee of not
more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs
in the courtroom or offices of the justice court at any time the courtroom
or offices are open to the public. This fee shall be paid by the parties
to the marriage. Each justice court judge may
receive money or gratuities for marriage ceremonies performed
outside of and away from the courtroom and the offices of the justice court,
that the parties to the marriage request to have performed at any time
the courtroom or offices of the justice court are closed. These monies
or gratuities, in an amount agreed upon by the parties to the marriage,
are not considered fees for the
justice court and are not subject to the requirements set forth in
the provisions of Section 9-11-10.
SOURCE: 1997 Laws, Chapter 591, Sec. 1, SB2329, Effective October 1, 1997.