THE CONSTITUTION

OF THE STATE OF MISSISSIPPI

ADOPTED NOVEMBER 1, A.D., 1890

Beginning Section

ARTICLE 1. DISTRIBUTION OF POWERS 1

ARTICLE 2. BOUNDARIES OF THE STATE 3

ARTICLE 3. BILL OF RIGHTS 5

ARTICLE 4. LEGISLATIVE DEPARTMENT 33

ARTICLE 5. EXECUTIVE 116

ARTICLE 6. JUDICIARY 144

ARTICLE 7. CORPORATIONS 178

ARTICLE 8. EDUCATION 201

ARTICLE 9. MILITIA 214

ARTICLE 10. THE PENITENTIARY AND PRISONS 223

ARTICLE 11. LEVEES 227

ARTICLE 12. FRANCHISE 240

ARTICLE 13. APPORTIONMENT 254

ARTICLE 14. GENERAL PROVISIONS 257

ARTICLE 15. AMENDMENTS TO THE CONSTITUTION 273





CONSTITUTION OF THE STATE OF MISSISSIPPI





ADOPTED NOVEMBER 1, A.D., 1890





PREAMBLE





We, the people of Mississippi in convention assembled, grateful to Almighty God, and invoking his blessing on our work, do ordain and establish this constitution.

ARTICLE 1





DISTRIBUTION OF POWERS

SECTION 1. Powers of government.

SECTION 2. Encroachment of power.





SECTION 1.

The powers of the government of the state of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit: those which are legislative to one, those which are judicial to another, and those which are executive to another.





SOURCES: 1817 art II §1; 1832 art II §1; 1869 art III §1.

SECTION 2.

No person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said departments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other departments.





SOURCES: 1817 art II §2; 1832 art II §2; 1869 art III §1.

ARTICLE 2





BOUNDARIES OF THE STATE

SECTION 3. Repealed.

SECTION 4. Acquisition of territory; disputed boundaries.





SECTION 3. Repealed.

NOTE: Former Section 3 stated the limits and boundaries of the state of Mississippi.

The repeal of Section 3 was proposed by Laws of 1990, Ch. 692, Senate Concurrent Resolution No. 520, and upon ratification by the electorate on November 6, 1990, was deleted from the Constitution by proclamation of the Secretary of State on December 19, 1990.

SECTION 4.

The legislature shall have power to consent to the acquisition of additional territory by the state, and to make the same a part thereof; and the legislature may settle disputed boundaries between this state and its coterminus states whenever such disputes arise.





ARTICLE 3





BILL OF RIGHTS

SECTION 5. Government originating in the people.

SECTION 6. Regulation of government; right to alter.

SECTION 7. Secession prohibited.

SECTION 8. Citizens of state.

SECTION 9. Subordination of military to civil power.

SECTION 10. Treason.

SECTION 11. Peaceful assemblage; right to petition government.

SECTION 12. Right to bear arms.

SECTION 13. Freedom of speech and press; libel.

SECTION 14. Due process.

SECTION 15. Slavery and involuntary servitude prohibited; punishment for crime.

SECTION 16. Ex post facto laws; impairment of contract.

SECTION 17. Taking property for public use; due compensation.

SECTION 18. Freedom of religion.

SECTION 19. Repealed.

SECTION 20. Specific term of office.

SECTION 21. Writ of habeas corpus.

SECTION 22. Double jeopardy.

SECTION 23. Searches and seizures.

SECTION 24. Open courts; remedy for injury.

SECTION 25. Access to courts.

SECTION 26. Rights of accused; state grand jury proceedings.

SECTION 26-A. Victims’ rights; construction of provisions; legislative authority.

SECTION 27. Proceeding by indictment or information.

SECTION 28. Cruel or unusual punishment prohibited.

SECTION 29. Excessive bail prohibited; revocation or denial of bail.

SECTION 30. Imprisonment for debt.

SECTION 31. Trial by jury.

SECTION 32. Construction of enumerated rights.

SECTION 5.

All political power is vested in, and derived from, the people; all government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.





SOURCES: 1817 art I §2; 1832 art I §2.

SECTION 6.

The people of this state have the inherent, sole, and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form of government whenever they deem it necessary to their safety and happiness; provided, such change be not repugnant to the constitution of the United States.





SOURCES: 1817 art I §2; 1832 art I §2.

SECTION 7.

The right to withdraw from the Federal Union on account of any real or supposed grievance, shall never be assumed by this state, nor shall any law be passed in derogation of the paramount allegiance of the citizens of this state to the government of the United States.





SOURCES: 1869 art I §20.

SECTION 8.

All persons, resident in this state, citizens of the United States, are hereby declared citizens of the state of Mississippi.





SOURCES: 1869 art I §1.

SECTION 9.

The military shall be in strict subordination to the civil power.





SOURCES: 1869 art I §25.

SECTION 10.

Treason against the state shall consist only in levying war against the same or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.





SOURCES: 1817 art VI §3; 1832 art VII §3; 1869 art I §26.

SECTION 11.

The right of the people peaceably to assemble and petition the government on any subject shall never be impaired.

SOURCES: 1817 art I §22; 1832 art I §22; 1869 art I §6.





SECTION 12.

The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.





SOURCES: 1817 art I §23; 1832 art I §23; 1869 art I §15.

SECTION 13

The freedom of speech and of the press shall be held sacred; and in all prosecutions for libel the truth may be given in evidence, and the jury shall determine the law and the facts under the direction of the court; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted.





SOURCES: 1817 art I §§ 6, 7, and 8; 1832 art I §§ 6, 7, and 8; 1869 art I §4.

SECTION 14.

No person shall be deprived of life, liberty, or property except by due process of law.





SOURCES: 1817 art I §10; 1832 art I §10; 1869 art I §2.

SECTION 15.

There shall be neither slavery nor involuntary servitude in this state, otherwise than in the punishment of crime, whereof the party shall have been duly convicted.





SOURCES: 1869 art I §19.

SECTION 16.

Ex post facto laws, or laws impairing the obligation of contracts, shall not be passed.





SOURCES: 1817 art I §19; 1832 art I §19; 1869 art I §9.

SECTION 17.

Private property shall not be taken or damaged for public use, except on due compensation being first made to the owner or owners thereof, in a manner to be prescribed by law; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be public shall be a judicial question, and, as such, determined without regard to legislative assertion that the use is public.





SOURCES: 1817 art I §13; 1832 art I §13; 1869 art I §10.

SECTION 18.

No religious test as a qualification for office shall be required; and no preference shall be given by law to any religious sect or mode of worship; but the free enjoyment of all religious sentiments and the different modes of worship shall be held sacred. The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and safety of the state, or to exclude the Holy Bible from use in any public school of this state.





SOURCES: 1817 art I §§3and 4; 1832 art I §§3 and 4; 1869 art I §23.

SECTION 19. Repealed.

NOTE: Former Section 19 prohibited dueling and both disenfranchised and disqualified persons involved in a duel from holding public office.

The repeal of Section 19 was proposed by Laws of 1977, ch. 584, Senate Concurrent Resolution No. 528, and upon ratification by the electorate on November 7, 1978, was deleted from the Constitution by proclamation of the Secretary of State on December 22, 1978.

SOURCES: 1817 art VI §2; 1832 art VII §2; 1869 art I §27; Laws 1977, ch. 584, effective December 22, 1978.

SECTION 20.

No person shall be elected or appointed to office in this state for life or during good behavior, but the term of all officers shall be for some specified period.





SOURCES: 1817 art VI §12; 1832 art I §30; 1869 art I §29.

SECTION 21.

The privilege of the writ of habeas corpus shall not be suspended, unless when in the case of rebellion or invasion, the public safety may require it, nor ever without the authority of the legislature.





SOURCES: 1817 art I §13; 1832 art I §13; 1869 art I §5.

SECTION 22.

No person's life or liberty shall be twice placed in jeopardy for the same offense; but there must be an actual acquittal or conviction on the merits to bar another prosecution.





SOURCES: 1817 art I §13; 1832 art I §13; 1869 art I §5.

SECTION 23.

The people shall be secure in their persons, houses, and possessions, from unreasonable seizure or search; and no warrant shall be issued without probable cause, supported by oath or affirmation, specially designating the place to be searched and the person or thing to be seized.





SOURCES: 1817 art I §9; 1832 art I §9; 1869 art I §14.

SECTION 24.

All courts shall be open; and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice shall be administered without sale, denial, or delay.





SOURCES: 1817 art I §14; 1832 art I §14; 1869 art I §28.

SECTION 25.

No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both.





SOURCES: 1817 art I §29; 1832 art I §29; 1869 art I §30.

SECTION 26.

In all criminal prosecutions the accused shall have a right to be heard by himself or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offense was committed; and he shall not be compelled to give evidence against himself; but in prosecutions for rape, adultery, fornication, sodomy or crime against nature the court may, in its discretion, exclude from the courtroom all persons except such as are necessary in the conduct of the trial. Notwithstanding any other provisions of this Constitution, the Legislature may enact laws establishing a state grand jury with the authority to return indictments regardless of the county where the crime was committed. The subject matter jurisdiction of a state grand jury is limited to criminal violations of the Mississippi Uniform Controlled Substances Law or any other crime involving narcotics, dangerous drugs or controlled substances, or any crime arising out of or in connection with a violation of the Mississippi Uniform Controlled Substances Law or a crime involving narcotics, dangerous drugs or controlled substances if the crime occurs within more than one (1) circuit court district of the state or transpires or has significance in more than one (1) circuit court district of the state. The venue for the trial of indictments returned by a state grand jury shall be as prescribed by general law.





SOURCES: 1817 art I §10; 1832 art I §7; Laws 1994, ch. 668, effective December 9, 1994.





NOTE: The 1994 amendment to Section 26 was proposed by Laws 1994, ch. 668, House Concurrent Resolution No. 79, of the 1994 regular session of the Legislature, and upon ratification by the electorate on November 8, 1994, was inserted by proclamation of the Secretary of State on December 9, 1994.

SECTION 26-A

Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and to be informed, to be present and to be heard, when authorized by law, during public hearings. (1)Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and to be informed, to be present and to be heard, when authorized by law, during public hearings.

(2) Nothing in this section shall provide grounds for the accused or convicted offender to obtain any

form of relief nor shall this section impair the constitutional rights of the accused. Nothing in this section of any enabling statute shall be construed as creating a cause of action for damages against the state or any of its agencies, officials, employee or political subdivisions.

(3) The Legislature shall have the authority to enact substantive and procedural laws to define,

implement, preserve and protect the rights guaranteed to victims by this section.

NOTE: The 1998 amendment adding a new section was proposed by Senate Concurrent Resolution No. 513, Laws 1998, ch. 691 of the 1998 regular session of the Legislature, and upon ratification by the electorate on November 8, 1998, was inserted by proclamation of the Secretary of State on November 30, 1998.

SECTION 27.

No person shall, for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or the military when in actual service, or by leave of the court for misdemeanor in office or where a defendant represented by counsel by sworn statement waives indictment; but the legislature, in cases not punishable by death or by imprisonment in the penitentiary, may dispense with the inquest of the grand jury, and may authorize prosecutions before justice court judges, or such other inferior court or courts as may be established, and the proceedings in such cases shall be regulated by law.





SOURCES: 1817 art I §12; 1832 art I §12; 1869 art I §31; Laws 1977, ch. 590, effective December 22, 1978.

NOTE: The 1977 amendment to Section 27 was proposed by Laws 1997, ch. 590, Senate Concurrent Resolution No. 590, of the 1977 regular session of the Legislature, and upon ratification by the electorate on November 7, 1978, was inserted by proclamation of the Secretary of State on December 22, 1978.

SECTION 28.

Cruel or unusual punishment shall not be inflicted, nor excessive fines be imposed.





SOURCES: 1817 art I §16; 1832 art I §16; 1869 art I §8.

SECTION 29.

(1) Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or presumption great; or (b) when the person has previously been convicted of a capital offense or any other offense punishable by imprisonment for a maximum of twenty (20) years or more.



(2) If a person charged with committing any offense that is punishable by death, life imprisonment or imprisonment for one (1) year or more in the penitentiary or any other state correctional facility is granted bail and (a) if that person is indicted for a felony committed while on bail; or (b) if the court, upon hearing, finds probable cause that the person has committed a felony while on bail, then the court shall revoke bail and shall order that the person be detained, without further bail, pending trial of the charge for which bail was revoked. For the purposes of this subsection (2) only, the term "felony" means any offense punishable by death, life imprisonment or imprisonment for more than five (5) years under the laws of the jurisdiction in which the crime is committed. In addition, grand larceny shall be considered a felony for the purposes of this subsection.



(3) In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment, a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or persons arrested for such offense would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required.



(4) In any case where bail is denied before conviction, the judge shall place in the record his reasons for denying bail. Any person who is charged with an offense punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment and who is denied bail prior to conviction shall be entitled to an emergency hearing before a justice of the Mississippi Supreme Court. The provisions of this subsection (4) do not apply to bail revocation orders.





SOURCES: 1817 art I §16; 1832 art I §16; 1869 art I §8; Laws 1987, ch. 674; Laws 1995, ch. 636, effective December 5, 1995.

NOTE: The 1987 amendment to Section 29, Laws 1987, ch 674. was proposed by Senate Concurrent Resolution No. 534, of the 1987 regular session of the Legislature, and upon ratification by the electorate on November 8, 1987, was inserted by proclamation of the Secretary of State on December 4, 1987.

The 1995 amendment to Section 29 was proposed by Laws 1995, ch. 636, House Concurrent Resolution No. 42, of the 1995 regular session of the Legislature, and upon ratification by the electorate on November 7, 1995, by proclamation of the Secretary of State on December 5, 1995.

SECTION 30.

There shall be no imprisonment for debt.





SOURCES: 1817 art I §18; 1832 art I §18; 1869 art I §11.

SECTION 31.

The right of trial by jury shall remain inviolate, but the legislature may, by enactment, provide that in all civil suits tried in the circuit and chancery court, nine or more jurors may agree on the verdict and return it as the verdict of the jury.





SOURCES: 1817 art I §28; 1832 art I §28; 1869 art I §12; Laws 1916, ch. 158.

SECTION 32.

The enumeration of rights in this constitution shall not be construed to deny and impair others retained by, and inherent in, the people.





SOURCES: 1817 art I; 1832 art I; 1869 art I §32.

ARTICLE 4





LEGISLATIVE DEPARTMENT

Beginning Section

IN GENERAL 33

QUALIFICATIONS AND PRIVILEGES OF LEGISLATORS 40

RULES OF PROCEDURE 54

INJUNCTIONS 78

LOCAL LEGISLATION 87

PROHIBITIONS 91

MISCELLANEOUS 102

IN GENERAL

SECTION 33. Composition of legislature.

SECTION 34. Composition of House of Representatives.

SECTION 35. Composition of Senate.

SECTION 36. Sessions.

SECTION 37. Elections for members.

SECTION 38. Election of officers by each house.

SECTION 39. President pro tempore of Senate.





SECTION 33.

The legislative power of this state shall be vested in a legislature which shall consist of a senate and a house of representatives.

SOURCES: 1817 art III §4; 1832 art III §4; 1869 art IV §1.

SECTION 34.

The house of representatives shall consist of members chosen every four years by the qualified electors of the several counties and representative districts.





SOURCES: 1869 art IV §2.

NOTE: Laws of 1962, ch. 18, 1st Extraordinary Session, which proposed to amend this section of the Constitution, was not approved by the electorate.

SECTION 35.

The senate shall consist of members chosen every four years by the qualified electors of the several districts.





SOURCES: 1869 art IV §4.

SECTION 36.

The Legislature shall meet at the seat of government in regular session on the Tuesday after the first Monday of January of the year A.D., 1970, and annually thereafter, unless sooner convened by the Governor; provided, however, that such sessions shall be limited to a period of one hundred twenty-five (125) calendar days for regular 1972 session and every fourth year thereafter, but ninety (90) calendar days for every other regular session thereafter. Provided further that the House of Representatives, by resolution with the Senate concurring therein, and by a two-thirds (2/3) vote of those present and voting in each house, may extend such limited session for a period of thirty (30) days with no limit on the number of extensions to each session.





SOURCES: 1869 art IV §6; Laws 1912, ch. 414; Laws 1968, ch. 634.

NOTE: The 1968 amendment to Section 36 was proposed by House Consurrent Resolution No. 36, ch. 634, of the 1968 regular session of the Legislature, and upon ratification by the electorate on June 4, 1968, was inserted by proclamation of the Secretary of State on June 13, 1968.

SECTION 37.

Elections for members of the legislature shall be held in the several counties and districts as provided by law.





SOURCES: 1869 art IV §8.

SECTION 38.

Each house shall elect its own officers, and shall judge of the qualifications, return and election of its own members.





SOURCES: 1869 art IV §10.

SECTION 39.

The senate shall choose a president pro tempore to act in the absence or disability of its presiding officer.





SOURCES: 1869 art IV §11.

QUALIFICATIONS AND PRIVILEGES OF LEGISLATORS

SECTION 40. Oath of Office.

SECTION 41. Qualifications of House of Representatives members.

SECTION 42. Qualifications of Senators.

SECTION 43. Person liable for public monies ineligible for office.

SECTION 44. Ineligibility for office of person convicted of certain crimes.

SECTION 45. Member eligibility for offices created during term of office.

SECTION 46. Salaries of members.

SECTION 47. Fees or rewards prohibited.

SECTION 48. Immunity of members from arrest for certain crimes.

SECTION 49. Power of impeachment.

SECTION 50. Impeachment grounds.

SECTION 51. Removal from office.

SECTION 52. Persons to preside in impeachment proceedings.

SECTION 53. Removal of judges for reasonable cause.

SECTION 40.

Members of the legislature, before entering upon the discharge of their duties, shall take the following oath: "I, ----, do solemnly swear (or affirm) that I will faithfully support the Constitution of the United States and of the state of Mississippi; that I am not disqualified from holding office by the Constitution of this state; that I will faithfully discharge my duties as a legislator; that I will, as soon as practicable hereafter, carefully read (or have read to me) the Constitution of this state, and will endeavor to note, and as a legislator to execute, all the requirements thereof imposed on the legislature; and I will not vote for any measure or person because of a promise of any other member of this legislature to vote for any measure or person, or as a means of influencing him or them so to do. So help me God."





SECTION 41.

No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one (21) years, and who shall not be a qualified elector of the state, and who shall not have been a resident citizen of the state for four (4) years, and within the district such person seeks to serve for two (2) years, immediately preceding his election. The seat of a member of the House of Representatives shall be vacated on his removal from the district from which he was elected.





SOURCES: 1817 art III §7; 1832 art III §7; 1869 art IV §3; Laws 1987, ch. 674, effective December 4, 1987.

NOTE: The 1987 amendment to Section 41 was proposed by Laws 1987, ch. 674, House Concurrent Resolution No. 41, of the 1987 regular session of the Legislature, and upon ratification by the electorate on November 3, 1987, was inserted by proclamation of the Secretary of State on December 4, 1987.

SECTION 42.

No person shall be a senator who shall not have attained the age of twenty-five years, who shall not have been a qualified elector of the state four years, and who shall not be an actual resident of the district or territory he may be chosen to represent for two years before his election. The seat of a senator shall be vacated upon his removal from the district from which he was elected.





SOURCES: 1817 art III §14; 1832 art III §14; 1869 art IV §5.

SECTION 43.

No person liable as principal for public moneys unaccounted for shall be eligible to a seat in either house of the legislature, or to any office of profit or trust, until he shall have accounted for and paid over all sums for which he may have been liable.





SOURCES: 1817 art III §28; 1832 art III §28; 1869 art IV §16.

SECTION 44.

(1) No person shall be eligible to a seat in either house of the Legislature, or to any office of profit or trust, who shall have been convicted of bribery, perjury, or other infamous crime; and any person who shall have been convicted of giving or offering, directly, or indirectly, any bribe to procure his election or appointment, and any person who shall give or offer any bribe to procure the election or appointment of any person to office, shall, on conviction thereof, be disqualified from holding any office of profit or trust under the laws of this state.

(2) No person who is convicted after ratification of this amendment in another state of any offense which is a felony under the laws of this state, and no person who is convicted after ratification of this amendment of any felony in a federal court, shall be eligible to hold any office of profit or trust in this state.

(3) This section shall not disqualify a person from holding office if he has been pardoned for the

offense or if the offense of which the person was convicted was manslaughter, any violation of the United States Internal Revenue Code or any violation of the tax laws of this state unless such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office.





SOURCES: 1817 art VI §§4 and 5; 1832 art VII §4; 1869 art IV §§17 and 18, Laws 1992, ch. 591, effective December 8, 1992.

NOTE: The 1992 amendment to Section 44 was proposed by Laws 1992, ch. 591, House Concurrent Resolution No. 46, of the 1992 regular session of the Legislature, and upon ratification by the electorate on November 3, 1992, was inserted by proclamation of the Secretary of State on December 8, 1992.

SECTION 45.

No senator or representative, during the term for which he was elected, shall be eligible to any office of profit which shall have been created, or the emoluments of which have been increased, during the time such senator or representative was in office, except to such offices as may be filled by an election of the people.





SOURCES: 1817 art III §26; 1832 art III §26; 1869 art IV §38.

SECTION 46.

The members of the legislature shall severally receive from the state treasury compensation for their services, to be prescribed by law, which may be increased or diminished; but no alteration of such compensation of members shall take effect during the session at which it is made.





SOURCES: 1817 art III §25; 1832 art III §25; 1869 art IV §20.

SECTION 47.

No member of the legislature shall take any fee or reward, or be counsel in any measure pending before either house of the legislature, under penalty of forfeiting his seat, upon proof thereof to the satisfaction of the house of which he is a member.





SECTION 48.

Senators and representatives shall, in all cases, except treason, felony, theft, or breach of the peace, be privileged from arrest during the session of the legislature, and for fifteen days before the commencement and after the termination of each session.





SOURCES: 1817 art III §19; 1832 art III §19; 1869 art IV §19.

SECTION 49.

The house of representatives shall have the sole power of impeachment; but two-thirds of all the members present must concur therein. All impeachments shall be tried by the senate, and, when sitting for that purpose, the senators shall be sworn to do justice according to law and the evidence.





SOURCES: 1817 art “Impeachment,” §§1 and 2; 1832 art VI §§1 and 2; 1869 art IV §27.

SECTION 50.

The governor and all other civil officers of this state, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office.





SOURCES: 1817 art “Impeachment,” §3; 1832 art VI §3; 1869 art IV §28.

SECTION 51.

Judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust, or profit in this state; but the party convicted shall, nevertheless, be subject to indictment, trial, judgment, and punishment according to law.





SOURCES: 1817 art “Impeachment,” §3; 1832 art VI §3; 1869 art IV §30.

SECTION 52.

When the governor shall be tried, the chief justice of the Supreme Court shall preside; and when the chief justice is disabled, disqualified, or refuses to act, the judge of the Supreme Court next oldest in commission shall preside; and no person shall be convicted without concurrence of two-thirds of all the senators present.





SOURCES: 1869 art IV §29.

SECTION 53.

For reasonable cause, which shall not be sufficient ground of impeachment, the governor shall, on the joint address of two-thirds of each branch of the legislature, remove from office the judges of the Supreme and inferior courts; but the cause or causes of removal shall be spread on the journal, and the party charged be notified of the same, and have an opportunity to be heard by himself or counsel, or both, before the vote is finally taken and decided.





SOURCES: 1832 art IV §27; 1869 art IV §31.

RULES OF PROCEDURE

SECTION 54. Quorum.

SECTION 55. Determination of rules by each house.

SECTION 56. Style of laws.

SECTION 57. Adjournments; meeting place.

SECTION 58. Open door policy; disorderly behavior.

SECTION 59. Introduction and passage of bills.

SECTION 60. Amendment of bill; orders, votes and resolutions.

SECTION 61. Amendment or revival by reference to title prohibited.

SECTION 62. Voting on amendments; adoption of committee reports.

SECTION 63. Maximum sum fixed in appropriation bill.

SECTION 64. Time limit and voting requirements for appropriations.

SECTION 65. Reconsideration of votes.

SECTION 66. Law granting donation or gratuity.

SECTION 67. Time limit for introducing new bill.

SECTION 68. Precedence and time limits for appropriation and revenue bills.

SECTION 69. Contents of appropriation bills.

SECTION 70 Votes required for passage of revenue or property assessment bills.

SECTION 71. Title of bill; committee recommendations.

SECTION 72. Approval or disapproval of bill by Governor; veto override process.

SECTION 73. Veto of parts of appropriations bill.

SECTION 74. Referral of bill to committee.

SECTION 75. Enforcement of laws of general nature.

SECTION 76. Viva voce vote.

SECTION 77. Writs of election to fill legislative vacancies.

SECTION 54.

A majority of each house shall constitute a quorum to do business; but a less number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each shall provide.





SOURCES: 1869 art IV §12.

SECTION 55.

Each house may determine rules of its own proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the members present, expel a member; but no member, unless expelled for theft, bribery, or corruption, shall be expelled the second time for the same offense. Both houses shall, from time to time, publish journals of their proceedings, except such parts as may, in their opinion, require secrecy; and the yeas and nays, on any question, shall be entered on the journal, at the request of one-tenth of the members present; and the yeas and nays shall be entered on the journals on the final passage of every bill.





SOURCES: 1817 art III §§16 and 17; 1832 art III §§15, 16, and 17; 1869 art IV §14.

SECTION 56.

The style of the laws of the state shall be: "Be it enacted by the legislature of the state of Mississippi."





SOURCES: 1832 art III §4; 1869 art IV §32.

SECTION 57.

Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.





SOURCES: 1817 art III §22; 1832 art III §22; 1869 art IV §13.

SECTION 58.

The doors of each house, when in session, or in committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish, by fine and imprisonment, any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence, or who shall in any way disturb its deliberations during the session; but such imprisonment shall not extend beyond the final adjournment of that session.





SOURCES: 1817 art III §20; 1832 art III §§20 and 21; 1869 art IV §15.

SECTION 59.

Bills may originate in either house, and be amended or rejected in the other, and every bill shall be read by its title on three (3) different days in each house, unless two-thirds (2/3) of the house where the same is pending shall dispense with the rules; and every bill shall be read in full immediately before the vote on its final passage upon the demand of any member; and every bill, having passed both houses, shall be signed by the President of the Senate and the Speaker of the House of Representatives during the legislative session.





SOURCES: 1817 art III §23; 1832 art III §23; 1869 art IV §23; Laws 1990, ch. 668 effective December 19, 1990.

NOTE: The 1990 amendment to Section 59 was proposed by Laws 1990, ch. 668, Senate Concurrent Resolution No. 506, and upon ratification by the electorate on November 6, 1990, was inserted by proclamation of the Secretary of State on December 19, 1990.

SECTION 60.

No bill shall be so amended in its passage through either house as to change its original purpose, and no law shall be passed except by bill; but orders, votes, and resolutions of both houses, affecting the prerogatives and duties thereof, or relating to adjournment, to amendments to the Constitution, to the investigation of public officers, and the like, shall not require the signature of the governor; and such resolutions, orders, and votes, may empower legislative committees to administer oaths, to send for persons and papers, and generally make legislative investigations effective.





SOURCES: 1832 art V §16; 1869 art IV §25.

SECTION 61.

No law shall be revived or amended by reference to its title only, but the section or sections, as amended or revived, shall be inserted at length.





SECTION 62.

No amendment to bills by one house shall be concurred in by the other except by a vote of the majority thereof, taken by yeas and nays and the names of those voting for and against recorded upon the journals; and reports of committees of conference shall in like manner be adopted in each house.





SECTION 63.

No appropriation bill shall be passed by the legislature which does not fix definitely the maximum sum thereby authorized to be drawn from the treasury.





SECTION 64.

No bill passed after the adoption of this Constitution to make appropriations of money out of the state treasury shall continue in force more than two months after the expiration of the fiscal year ending after the meeting of the legislature at its next regular session; nor shall such bill be passed except by the votes of a majority of all members elected to each house of the legislature.





SOURCES: Laws 1935, ch. 116.

SECTION 65.

All votes on the final passage of any measure shall be subject to reconsideration for at least one whole legislative day, and no motion to reconsider such vote shall be disposed of adversely on the day on which the original vote was taken, except on the last day of the session.





SECTION 66.

No law granting a donation or gratuity in favor of any person or object shall be enacted except by the concurrence of two-thirds of the members elect of each branch of the legislature, nor by any vote for a sectarian purpose or use.





SOURCES: Laws 1908, ch. 149.

SECTION 67.

No new bill shall be introduced into either house of the legislature during the last three days of the session.





SECTION 68.

Appropriation and revenue bills shall, at regular sessions of the legislature, have precedence in both houses over all other business, and no such bills shall be passed during the last five days of the session.





SECTION 69.

General appropriation bills shall contain only the appropriations to defray the ordinary expenses of the executive, legislative, and judicial departments of the government; to pay interest on state bonds, and to support the common schools. All other appropriations shall be made by separate bills, each embracing but one subject. Legislation shall not be engrafted on the appropriation bills, but the same may prescribe the conditions on which the money may be drawn, and for what purposes paid.





SECTION 70.

No revenue bill, or any bill providing for assessments of property for taxation, shall become a law except by a vote of at least three-fifths of the members of each house present and voting.





SECTION 71.

Every bill introduced into the legislature shall have a title, and the title ought to indicate clearly the subject-matter or matters of the proposed legislation. Each committee to which a bill may be referred shall express, in writing, its judgment of the sufficiency of the title of the bill, and this, too, whether the recommendation be that the bill do pass or do not pass.





SECTION 72.

Every Bill which shall pass both Houses shall be presented to the Governor of the state. If he approve, he shall sign it; but if he does not approve, he shall return it, with his objections, to the House in which it originated, which shall enter the objections at large upon its Journal, and proceed to reconsider it. If after such reconsideration two-thirds (2 /3 ) of that House shall agree to pass the Bill, it shall be sent, with the objections, to the other House, by which, likewise, it shall be reconsidered; and if approved by two-thirds ( 2 /3 ) of that House, it shall become a law; but in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the Governor within five (5) days (Sundays excepted) after it has been presented to him, it shall become a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevented its return, in which case such Bill shall be a law unless the Governor shall veto it within fifteen (15) days (Sundays excepted) after it is presented to him, and such Bill shall be returned to the Legislature, with his objections, within three (3) days after the beginning of the next session of the Legislature.





SOURCES: 1817 art IV §15; 1832 art V §15; 1869 art IV §24; Laws 1970, ch. 562, effective June 19, 1970.

NOTE: The 1970 amendment to Section 72 was proposed by House Concurrent Resolution No. 14, ch. 562, of the 1970 regular session of the Legislature, and upon ratification by the electorate on June 3, 1970, was inserted by proclamation of the Secretary of State on June 19, 1970.

SECTION 73.

The governor may veto parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law.





SECTION 74.

No bill shall become a law until it shall have been referred to a committee of each house and returned therefrom with a recommendation in writing.





SECTION 75.

No law of a general nature, unless therein otherwise provided, shall be enforced until sixty days after its passage.





SOURCES: 1832 art VII §6; 1869 art XII §9.

SECTION 76.

In all elections by the legislature the members shall vote viva voce, and the vote shall be entered on the journals.





SECTION 77.

The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature, and the persons thereupon chosen shall hold their seats for the unexpired term.





INJUNCTIONS

SECTION 78. Salary deductions for neglect of official duty.

SECTION 79. Sale of delinquent tax lands; right of redemption.

SECTION 80. Abuse of certain local government unit powers.

SECTION 81. Obstruction of navigable waters; certain construction

projects authorized.

SECTION 82. Official bonds; fixing penalties.

SECTION 83. Fire safety in certain public places.

SECTION 84. Acquisition of land by nonresident aliens and corporations.

SECTION 85. Working of public roads by contract or by county prisoners.

SECTION 86. Care of insane and indigent sick.

SECTION 78.

It shall be the duty of the legislature to regulate by law the cases in which deductions shall be made from salaries of public officers for neglect of official duty, and the amount of said deduction.





SOURCES: 1817 art VI §14; 1832 art VII §12; 1869 art XII §10.

SECTION 79.

The legislature shall provide by law for the sale of all delinquent tax lands. The courts shall apply the same liberal principles in favor of such titles as in sale by execution. The right of redemption from all sales of real estate, for the nonpayment of taxes or special assessments, of any and every character whatsoever, shall exist, on conditions to be prescribed by law, in favor of owners and persons interested in such real estate, for a period of not less than two years.





SOURCES: 1869 art XII §8.

SECTION 80.

Provision shall be made by general laws to prevent the abuse by cities, towns, and other municipal corporations of their powers of assessment, taxation, borrowing money, and contracting debts.





SECTION 81.

The Legislature shall never authorize the permanent obstruction of any of the navigable waters of the State, but may provide for the removal of such obstructions as now exist, whenever the public welfare demands. This section shall not prevent the construction, under proper authority, of drawbridges for railroads, or other roads, nor the construction of booms and chutes for logs, nor the construction, operation and maintenance of facilities incident to the exploration, production or transportation of oil, gas or other minerals, nor the construction, operation and maintenance of bridges and causeways in such manner as not to prevent the safe passage of vessels or logs under regulations to be provided by law.





SOURCES: Laws 1968, ch. 660, effective June 13, 1968.

NOTE: The 1968 amendment to Section 81 was proposed by House Concurrent Resolution No. 71, ch. 660 of the 1968 regular session of the Legislature, and upon ratification by the electorate on June 4, 1968, was inserted by proclamation of the Secretary of State on June 13, 1968.

SECTION 82.

The legislature shall fix the amount of the penalty of all official bonds, and may, as far as practicable, provide that the whole or a part of the security required for the faithful discharge of official duty shall be made by some guarantee company or companies.





SECTION 83.

The legislature shall enact laws to secure the safety of persons from fires in hotels, theaters, and other public places of resort.





SECTION 84.

The legislature shall enact laws to limit, restrict, or prevent the acquiring and holding of land in this state by nonresident aliens, and may limit or restrict the acquiring or holding of lands by corporations.





SECTION 85.

The legislature shall provide by general law for the working of public roads by contract or by county prisoners, or both. Such law may be put in operation only by a vote of the board of supervisors in those counties where it may be desirable.





SECTION 86.

It shall be the duty of the legislature to provide by law for the treatment and care of the insane; and the legislature may provide for the care of the indigent sick in the hospitals in the state.





SOURCES: 1869 art XII §27.

LOCAL LEGISLATION

SECTION 87. Special or local laws.

SECTION 88. Content of general laws.

SECTION 89. Standing committee for local and private legislation in each house.

SECTION 90. Matters provided for by general laws only.

SECTION 87.

No special or local law shall be enacted for the benefit of individuals or corporations, in cases which are or can be provided for by general law, or where the relief sought can be given by any court of this state; nor shall the operation of any general law be suspended by the legislature for the benefit of any individual or private corporation or association, and in all cases where a general law can be made applicable, and would be advantageous, no special law shall be enacted.





SECTION 88.

The legislature shall pass general laws, under which local and private interest shall be provided for and protected, and under which cities and towns may be chartered and their charters amended, and under which corporations may be created, organized, and their acts of incorporation altered; and all such laws shall be subject to repeal or amendment.





SECTION 89.

There shall be appointed in each house of the legislature a standing committee on local and private legislation; the house committee to consist of seven representatives, and the senate committee of five senators. No local or private bill shall be passed by either house until it shall have been referred to said committee thereof, and shall have been reported back with a recommendation in writing that it do pass, stating affirmatively the reasons therefor, and why the end to be accomplished should not be reached by a general law, or by a proceeding in court; or if the recommendation of the committeee be that the bill do not pass, then it shall not pass the house to which it is so reported unless it be voted for by a majority of all members elected thereto. If a bill is passed in conformity to the requirements hereof, other than such as are prohibited in the next section, the courts shall not, because of its local, special, or private nature, refuse to enforce it.





SECTION 90.

The legislature shall not pass local, private, or special laws in any of the following enumerated cases, but such matters shall be provided for only by general laws, viz.:





(a) Granting divorces;





(b) Changing the names of persons, places, or corporations;





(c) Providing for changes of venue in civil and criminal cases;





(d) Regulating the rate of interest on money;





(e) Concerning the settlement or administration of any estate, or the sale or mortgage of any property, of any infant, or of a person of unsound mind, or of any deceased person;





(f) The removal of the disability of infancy;





(g) Granting to any person, corporation, or association the right to have any ferry, bridge, road, or fish-trap;





(h) Exemption of property from taxation or from levy or sale;





(i) Providing for the adoption or legitimation of children;





(j) Changing the law of descent and distribution;





(k) Exempting any person from jury, road, or other civil duty (and no person shall be exempted therefrom by force of any local or private law);





(l) Laying out, opening, altering, and working roads and highways;





(m) Vacating any road or highway, town plat, street, alley, or public grounds;





(n) Selecting, drawing, summoning, or empaneling grand or petit juries;





(o) Creating, increasing, or decreasing the fees, salary, or emoluments of any public officer;





(p) Providing for the management or support of any private or common school, incorporating the same, or granting such school any privileges;





(q) Relating to stock laws, water-courses, and fences;





(r) Conferring the power to exercise the right of eminent domain, or granting to any person, corporation, or association the right to lay down railroad tracks or street-car tracks in any other manner than that prescribed by general law;





(s) Regulating the practice in courts of justice;





(t) Providing for the creation of districts for the election of justices of the peace and constables; and





(u) Granting any lands under control of the state to any person or corporation.





SOURCES: 1817 art VI §7; 1832 art VII §15; 1869 art IV §22.

PROHIBITIONS

SECTION 91. Uniform application of charges and fees.

SECTION 92. Salary of deceased officer.

SECTION 93. Retirement of officer on pay.

SECTION 94. Disability on account of coverture abolished.

SECTION 95. Donation or sale of state lands; railroad easements.

SECTION 96. Extra compensation and unauthorized payments prohibited.

SECTION 97. Revival of action barred by limitations prohibited.

SECTION 98. Repealed.

SECTION 99. Election of officers by legislature.

SECTION 100. Release of obligation or liability owed to State or political

subdivision.

SECTION 101. Seat of state government.

SECTION 91.

The legislature shall not enact any law for one or more counties, not applicable to all the counties in the state, increasing the uniform charge for the registration of deeds, or regulating costs and charges and fees of officers.





SECTION 92.

The legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death.





SECTION 93.

The legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer.





SECTION 94.

The legislature shall never create by law any distinction between the rights of men and women to acquire, own, enjoy, and dispose of property of all kinds, or their power to contract in reference thereto. Married women are hereby fully emancipated from all disability on account of coverture. But this shall not prevent the legislature from regulating contracts between husband and wife; nor shall the legislature be prevented from regulating the sale of homesteads.





SOURCES: 1869 art I §16.

SECTION 95.

Lands belonging to, or under the control of the state, shall never be donated directly or indirectly, to private corporations or individuals, or to railroad companies. Nor shall such land be sold to corporations or associations for a less price than that for which it is subject to sale to individuals. This, however, shall not prevent the legislature from granting a right of way, not exceeding one hundred feet in width, as a mere easement, to railroads across state land, and the legislature shall never dispose of the land covered by said right of way so long as such easement exists.





SECTION 96.

The legislature shall never grant extra compensation, fee, or allowance, to any public officer, agent, servant, or contractor, after service rendered or contract made, nor authorize payment, or part payment, of any claim under any contract not authorized by law; but appropriations may be made for expenditures in repelling invasion, preventing or suppressing insurrections.





SECTION 97.

The legislature shall have no power to revive any remedy which may have become barred by lapse of time, or by any statute of limitation of this state.





SECTION 98. Repealed.

NOTE: Former Section 98 read as follows:

“No lottery shall ever be allowed, or be advertised by newspapers, or otherwise, or its tickets be sold in this state; and the legislature shall provide by law for the enforcement of this provision; nor shall any lottery heretofore authorized by permitted to be drawn or its tickets sold.”

The repeal of Section 98 was proposed by Laws 1992, ch. 713, Senate Concurrent Resolution No. 512, and upon ratification by the electorate on November 3, 1992, was deleted by proclamation of the Secretary of State on December 8, 1992.

SOURCES: 1869 art XII §15; Laws 1992, ch. 713, effective December 8, 1992.

SECTION 99.

The Legislature shall not elect any other than its own officers and State Librarian.





SOURCES: Laws 1990, ch. 693, effective December 19, 1990.

NOTE: The 1990 amendment to Section 99 was proposed by Laws 1990, ch. 693, Senate Concurrent Resolution No. 528, and upon ratification by the electorate on November 6, 1990, and inserted by proclamation of the Secretary of State on December 19, 1990.

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws 1990, ch. 693, on September 11, 1990.

SECTION 100.

No obligation or liability of any person, association, or corporation held or owned by this state, or levee board, or any county, city, or town thereof, shall ever be remitted, released or postponed, or in any way diminished by the legislature, nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury; nor shall such liability or obligation be exchanged or transferred except upon payment of its face value; but this shall not be construed to prevent the legislature from providing by general law for the compromise of doubtful claims.





SECTION 101.

The seat of government of the state shall be at the city of Jackson, and shall not be removed or relocated without the assent of a majority of the electors of the state.





MISCELLANEOUS

SECTION 102. Elections for state and county officers.

SECTION 103. Filling public officer vacancies; compensation and powers of officers.

SECTION 104. Statutes of limitation not to run against state and political

subdivisions.

SECTION 105. Repealed.

SECTION 106. State librarian.

SECTION 107. Bidding and other requirements for certain contracts.

SECTION 108. Termination of duties pertaining to office.

SECTION 109. Interest of public officer in contracts.

SECTION 110. Rights of way for private roads.

SECTION 111. Sale of land by decree or execution.

SECTION 112. Equal taxation; property tax assessments.

SECTION 113. Auditor’s statement of money expended at session.

SECTION 114. Election returns.

SECTION 115. Fiscal year; report of transactions; bonded indebtedness limitation.

SECTION 102.

All general elections for state and county officers shall commence and be holden every four years, on the first Tuesday after the first Monday in November, until altered by the law; and the electors, in all cases except in cases of treason, felony, and breach of peace, shall be privileged from arrest during their attendance at elections and in going to and returning therefrom.





SOURCES: 1869 art IV §7.

SECTION 103.

In all cases, not otherwise provided for in this constitution, the legislature may determine the mode of filling all vacancies, in all offices, and in cases of emergency provisional appointments may be made by the governor, to continue until the vacancy is regularly filled; and the legislature shall provide suitable compensation for all officers, and shall define their respective powers.





SOURCES: 1832 art V §13; 1869 art XII §7.

SECTION 104.

Statutes of limitation in civil causes shall not run against the state, or any subdivision or municipal corporation thereof.





SECTION 105. Repealed.

NOTE: Former Section 105 provided for the decennial enumeration of inhabitants and qualified electors in the state.

An amendment eliminating the foregoing section was submitted to the people by the Legislature at the session of 1894, Laws 1894, ch. 43; an election was held in November, 1894, and seems to have resulted in favor of the elimination of the section, but no action was taken by the Legislature after the election.

The repeal of Section 105 was proposed by Laws 1977, ch. 586, Senate Concurrent Resolution No. 555, and upon ratification by the electorate on November 7, 1978, was deleted by proclamation of the Secretary of State on December 22, 1978.

SECTION 106.

There shall be a state librarian, to be chosen by the legislature, on joint vote of the two (2) houses, to serve four (4) years, whose duties and compensation shall be prescribed by law.





SOURCES: Laws 1977, ch. 591, effective December 22, 1978.

NOTE: The 1977 amendment to Section 106 was proposed by Laws 1977, ch. 591, Senate Concurrent Resolution No. 587 of the 1977 regular session of the Legislature, and upon ratification by the electorate on November 7, 1978, was inserted by proclamation of the Secretary of State on December 22, 1978.

SECTION 107.

All stationery, printing, paper, and fuel, used by the legislature, and other departments of the government, shall be furnished, and the printing and binding of the laws, journals, department reports, and other printing and binding, and the repairing and furnishing the halls and rooms used for the meeting of the legislature and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum and under such regulations as may be prescribed by law. No member of the legislature or officer of any department shall be in any way interested in such contract, and all such contracts shall be subject to the approval of the governor and state treasurer.





NOTE: Senate Concurrent Resolution No. 514, enacted as ch. 655, Laws 1984, adopted by the Senate on April 26, 1984, and the House of Representatives on April 25, 1984, proposed to repeal Section 107. The proposed repeal was submitted to the electorate on November 6, 1984, but was rejected.

SECTION 108.

Whenever the legislature shall take away the duties pertaining to any office, then the salary of the officer shall cease.





SECTION 109.

No public officer or member of the legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city, or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year after the expiration of such term.





NOTE: Senate Concurrent Resolution No. 548, ch. 655, Laws 1984, adopted by the Senate on April 26, 1984, and by the House of Representatives on April 25, 1984, proposed to amend Section 109. The proposed amendment was submitted to the electorate on November 6, 1984, but was rejected.

House Concurrent Resolution No. 63, ch. 526, Laws 1986, proposed to amend Section 109. The electorate, however, rejected the proposed amendment on June 3, 1986.

SECTION 110.

The legislature may provide, by general law, for condemning rights of way for private roads, where necessary for ingress and egress by the party applying, on due compensation being first made to the owner of the property; but such rights of way shall not be provided for in incorporated cities and towns.





SECTION 111.

All lands comprising a single tract sold in pursuance of decree of court, or execution, shall be first offered in subdivisions not exceeding one hundred and sixty acres, or one-quarter section, and then offered as an entirety, and the price bid for the latter shall control only when it shall exceed the aggregate of the bids for the same in subdivisions as aforesaid; but the chancery court, in cases before it, may decree otherwise if deemed advisable to do so.





SOURCES: 1869 art XII §18.

SECTION 112.

Taxation shall be uniform and equal throughout the state. All property not exempt from ad valorem taxation shall be taxed at its assessed value. Property shall be assessed for taxes under general laws, and by uniform rules, and in proportion to its true value according to the classes defined herein. The Legislature may, by general laws, exempt particular species of property from taxation, in whole or in part.





The Legislature shall provide, by general laws, the method by which the true value of taxable property shall be ascertained; provided, however, in arriving at the true value of Class I and Class II property, the appraisal shall be made according to current use, regardless of location. The Legislature may provide for a special mode of valuation and assessment for railroads, and railroad and other corporate property, or for particular species of property belonging to persons, corporations or associations not situated wholly in one (1) county. All such property shall be assessed in proportion to its value according to its class, and no county, or other taxing authority, shall be denied the right to levy county and/or special taxes upon such assessment as in other cases of property situated and assessed in the county, except that the Legislature, by general law, may deny or limit a county or other taxing authority the right to levy county and/or special taxes on nuclear-powered electrical generating plants. In addition to or in lieu of any such county and/or special taxes on nuclear-powered electrical generating plants, the Legislature, by general law enacted by a majority vote of the members of each house present and voting, may provide for a special mode of valuation, assessment and levy upon nuclear-powered electrical generating plants and provide for the distribution of the revenue derived therefrom. The Legislature may provide a special mode of assessment, fixing the taxable year, date of the tax lien, and method and date of assessing and collecting taxes on all motor vehicles.





The assessed value of property shall be a percentage of its true value, which shall be known as its assessment ratio. The assessment ratio on each class of property as defined herein shall be uniform throughout the state upon the same class of property, provided that the assessment ratio of any one (1) class of property shall not be more than three (3) times the assessment ratio on any other class of property. For purposes of assessment for ad valorem taxes, taxable property shall be divided into five (5) classes and shall be assessed at a percentage of its true value as follows:





Class I. Single-family, owner-occupied, residential real property, at ten percent (10%) of true value.





Class II. All other real property, except for real property included in Class I or IV, at fifteen percent (15%) of true value.





Class III. Personal property, except for motor vehicles and for personal property included in Class IV, at fifteen percent (15%) of true value.





Class IV. Public utility property, which is property owned or used by public service corporations required by general laws to be appraised and assessed by the state or the county, excluding railroad and airline property and motor vehicles, at thirty percent (30%) of true value.





Class V. Motor vehicles, at thirty percent (30%) of true value.





The Legislature may, by general law, establish acreage limitations on Class I property.





SOURCES: 1869 art XII §20; Laws 1956, ch. 438; Laws 1958, ch. 610; Laws 1960, ch. 513; Laws 1986, ch. 522, effective June 19, 1986.

NOTE: The 1960 amendment to Section 112 proposed by Laws 1960, ch. 513,was ratified by the electorate on November 8, 1960, and was inserted by proclamation of the Secretary of State on November 23, 1960.

The 1986 amendment to Section 112 was proposed by House Consurrent Resolution No. 41, ch. 522, Laws 1986, and was submitted to the electorate on June 3, 1986 and ratified.

On June 16, 1986, the United States District Court for the Southern District of Mississippi enjoined the State of Mississippi from approving, implementing or administering the constitutional amendment until such time that the conduct of the election had been approved by the Attorney General of the United States.

By proclamation of the Secretary of State on June 19, 1986, the amendment to Section 112 was inserted in the Constitution.

On July 7, 1986, the Attorney General of the United States approved the conduct of the election for ratification of House Concurrent Resolution No. 41, ch. 522, Laws 1986, amending Section 112 of the Constitution.

On July 10, 1986, the United States District Court for the Southern District of Mississippi, Jackson, Mississippi (Eddie Burrell, et al. v William A. Allain, Governor of Mississippi, et al, Civil Action No. J86-0373 (L)) lifted and dissolved the injunction issued on June 16, 1986 without prejudice to any right to relief the plaintiffs might establish upon further proceedings.

SECTION 113.

The auditor shall, within sixty days after the adjournment of the legislature, prepare and publish a full statement of all money expended at such session, specifying the items and amount of each item, and to whom, and for what paid; and he shall also publish the amounts of all appropriations.





NOTE: MS Code §7-7-2, as added by Laws 1984, ch. 488, §90, and amended by Laws 1985, ch. 455, §1, Laws 1986, ch. 499, §1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor,” and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall mean the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear.

Thereafter, Laws 1989, ch. 532, §2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of auditor’s functions shall mean State Fiscal Officer, and more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear.

Subsequently, Laws 1989, ch. 544, §17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it sahll mean “Executive Director of the epartment of Finance and Administraiton.”

SECTION 114.

Returns of all elections by the people shall be made to the secretary of state in such manner as shall be provided by law.





SOURCES: 1817 art VI §18; 1832 art VII §16; 1869 art XII §19.

SECTION 115.

The fiscal year of the State of Mississippi shall commence on the first day of July and end on the thirtieth day of June of each year; and the Auditor of Public Accounts and the Treasurer of the State shall compile, and have published, a full and complete report, showing the transactions of their respective offices on or before the thirty-first day of December of each year for the preceding fiscal year.





Neither the State nor any of its direct agencies, excluding the political subdivisions and other local districts, shall incur a bonded indebtedness in excess of one and one half (1 1/2) times the sum of all the revenue collected by it for all purposes during any one of the preceeding four fiscal years, whichever year might be higher.





SOURCES: 1817 art VI §8; Laws 1935, ch. 115; Laws 1960, ch. 522, effective November 23, 1960.

NOTE: The 1960 amendment to Section 115 was proposed by Laws 1960, ch. 522 and upon ratification by the electorate on November 8, 1960, was inserted by proclamation of the Secretary of State on November 23, 1960.

This section, prior to its amendment in 1935, provided for a fiscal year commencing on the first day of October, and ending on the thirtieth day of September.





ARTICLE 5





EXECUTIVE

SECTION 116. Governor; term of office.

SECTION 117. Eligibility to serve as Governor.

SECTION 118. Salary of Governor.

SECTION 119. Commander-In-Chief of military.

SECTION 120. Report from officers of executive department.

SECTION 121. Convening of legislature in extraordinary session.

SECTION 122. State of the government; recommending measures.

SECTION 123. Faithful execution of laws.

SECTION 124. Reprieves and pardons.

SECTION 125. Suspension of defaulting treasurers and tax collectors.

SECTION 126. Seal of state.

SECTION 127. Commissions.

SECTION 128. Lieutenant Governor; qualifications and term.

SECTION 129. Lieutenant Governor as President of Senate.

SECTION 130. Salary of Lieutenant Governor.

SECTION 131. Vacancy in office of Governor.

SECTION 132. Contested election for Lieutenant Governor.

SECTION 133. Secretary of State.

SECTION 134. State Treasurer; Auditor of Public Accounts.

SECTION 135. County officers.

SECTION 136. Continuation in office.

SECTION 137. Repealed.

SECTION 138. Selection of county officers.

SECTION 139. Removal and appointment of county and municipal officers.

SECTION 140. Election of Governor.

SECTION 141. Choosing Governor in absence of electoral and popular vote

majorities.

SECTION 142. Ineligibility of Legislators to receive certain appointments.

SECTION 143. Election of other state officers.

SECTION 116.

The chief executive power of this state shall be vested in a Governor, who shall hold his office for four (4) years. Any person elected to the office of Governor shall be eligible to succeed himself in office. However, no person shall be elected to the office of Governor more than twice, and no person who has held the office of Governor or has acted as Governor for more than two (2) years of a term to which another person was elected shall be elected to the office of Governor more than once.





SOURCES: 1817 art IV §1; 1832 art V §1; 1869 art V §1, Laws 1986, ch. 575, effective November 20, 1986.

NOTE: The 1986 amendment to Section 116 was proposed by Laws 1986, ch. 515, House Concurrent Resolution No. 5, and upon ratification by the electorate on November 4, 1986, was inserted by proclamation of the Secretary of State on November 20, 1986.

SECTION 117.

The governor shall be at least thirty years of age, and shall have been a citizen of the United States twenty years, and shall have resided in this state five years next preceeding the day of his election.





SOURCES: 1817 art IV §3; 1832 art V §3; 1869 art V §3.

SECTION 118.

The governor shall receive for his services such compensation as may be fixed by law, which shall neither be increased nor diminished during his term of office.





SOURCES: 1817 art IV §4; 1832 art V §4; 1869 art V §4.

SECTION 119.

The governor shall be commander-in-chief of the army and navy of the state, and of the militia, except when they shall be called into the service of the United States.





SOURCES: 1817 art IV §5; 1832 art V §5; 1869 art V §5.

SECTION 120.

The governor may require information in writing from the officers in the executive departments of the state on any subject relating to the duties of their respective offices.





SOURCES: 1817 art IV §6; 1832 art V §6; 1869 art V §6.

SECTION 121.

The governor shall have power to convene the legislature in extraordinary session whenever, in his judgment, the public interest requires it. Should the governor deem it necessary to convene the legislature he shall do so by public proclamation, in which he shall state the subjects and matters to be considered by the legislature, when so convened; and the legislature, when so convened as aforesaid, shall have no power to consider or act upon subjects or matters other than those designated in the proclamation of the governor by which the session is called, except impeachments and examination into the accounts of state officers. The legislature, when so convened, may also act on and consider such other matters as the governor may in writing submit to them while in session. The governor may convene the legislature at the seat of government, or at a different place if that shall become dangerous from an enemy or from disease; and in case of a disagreement between the two houses with respect to time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the legislature.





SOURCES: 1817 art IV §7; 1832 art V §7; 1869 art V §7.

SECTION 122.

The governor shall, from time to time, give the legislature information of the state of the government, and recommend for consideration such measures as may be deemed necessary and expedient.





SOURCES: 1817 art IV §8; 1832 art V §8; 1869 art V §8.

SECTION 123.

The governor shall see that the laws are faithfully executed.





SOURCES: 1817 art IV §9; 1832 art V §9; 1869 art V §9.

SECTION 124.

In all criminal and penal cases, excepting those of treason and impeachment, the governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the legislature, and by and with the consent of the senate to remit forfeitures. In cases of treason he shall have power to grant reprieves, and by and with consent of the senate, but may respite the sentence until the end of the next session of the legislature; but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.





SOURCES: 1832 art V §10; 1869 art V §10.

SECTION 125.

The governor shall have the power, and it is hereby made his duty, to suspend alleged defaulting state and county treasurers, and defaulting tax-collectors, pending the investigation of their respective accounts, and to make temporary appointments of proper persons to fill the offices while such investigations are being made; and the legislature shall provide for the enforcement of this provision by appropriate legislation.





SECTION 126.

There shall be a seal of the state kept by the governor, and used by him officially, and be called the great seal of the state of Mississippi.





SOURCES: 1817 art IV §12; 1832 art V §12; 1869 art V §11.

SECTION 127.

All commissions shall be in the name and by the authority of the state of Mississippi, be sealed with the great seal of the state, and be signed by the governor, and attested by the secretary of state.





SOURCES: 1817 art IV §11; 1832 art V §11; 1869 art V §12.

SECTION 128.

There shall be a Lieutenant Governor who shall be elected at the same time, in the same manner, and for the same term, and who shall possess the same qualifications as required of the Governor. Any person elected to the office of Lieutenant Governor shall be eligible to succeed himself in office, but no person who has been elected to the office of Lieutenant Governor for two successive terms shall be eligible to hold that office until one term has intervened.





SOURCES: 1817 art IV §18; 1869 art V §14; Laws 1992, ch. 719, effective December 8, 1992.

NOTE: The 1992 amendment of Section 128 was proposed by Laws 1992, ch. 719, Senate Concurrent Resolution No. 525, and upon ratification by the electorate on November 3, 1992, was inserted by proclamation of the Secretary of State on December 8, 1992.

SECTION 129.

The lieutenant-governor shall, by virtue of his office, be president of the senate. In committee of the whole he may debate all questions, and where there is an equal division in the senate, or on a joint vote of both houses, he shall give the casting vote.





SOURCES: 1817 art IV §19; 1869 art V §16.

SECTION 130.

The lieutenant-governor shall receive for his services the same compensation as the speaker of the house of representatives.





SOURCES: 1869 art V §16.

SECTION 131.

When the office of Governor shall become vacant, by death or otherwise, the Lieutenant Governor shall possess the powers and discharge the duties of the office. When the Governor shall be absent from the state, or unable, from protracted illness, to perform the duties of the office, the Lieutenant Governor shall discharge the duties of said office until the Governor be able to resume his duties; but if, from disability or otherwise, the Lieutenant Governor shall be incapable of performing said duties, or if he be absent from the state, the President of the Senate Pro Tempore shall act in his stead; but if there be no such president, or if he be disqualified by like disability, or be absent from the state, then the Speaker of the House of Representatives shall assume the office of Governor and perform the duties; and in case of the inability of the foregoing officers to discharge the duties of Governor, the Secretary of State shall convene the Senate to elect a President Pro Tempore. The officer discharging the duties of Governor shall receive as compensation while performing such duties, the compensation to which he is regularly entitled by law for service in the position to which he was elected and, in addition thereto, an amount equal to the difference between such regular compensation and the compensation of the Governor. Should a doubt arise as to whether a vacancy has occurred in the office of Governor or as to whether any one of the disabilities mentioned in this section exists or shall have ended, then the Secretary of State shall submit the question in doubt to the judges of the Supreme Court, who, or a majority of whom, shall investigate and determine the question and shall furnish to the Secretary of State an opinion, in writing, determining the question submitted to them, which opinion, when rendered as aforesaid, shall be final and conclusive.





SOURCES: 1817 art IV §§20, 21, and 22; 1832 art V §§17 and 18; 1869 art V §17; Laws 1992, ch. 721, effective December 8, 1992.

NOTE: The 1992 amendment of Section 131was proposed by Laws 1992, ch. 721, Senate Concurrent Resolution No. 527, and upon ratification by the electorate on November 3, 1992, was inserted by proclamation of the Secretary of State on December 8, 1992.

SECTION 132.

In case the election for lieutenant-governor shall be contested, the contest shall be tried and determined in the same manner as a contest for the office of governor.





SOURCES: 1869 art V §18.

SECTION 133.

There shall be a secretary of state, who shall be elected as herein provided. He shall be at least twenty-five years of age, a citizen of the state five years next preceding the day of his election, and he shall continue in office during the term of four years, and shall be keeper of the capitol; he shall keep a correct register of all official acts and proceedings of the governor; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the legislature, and he shall perform such other duties as may be required of him by law. He shall receive such compensation as shall be prescribed.





SOURCES: 1817 art IV §14; 1832 art V §14; 1869 art V §19.

SECTION 134.

A State Treasurer and an Auditor of Public Accounts shall be elected as herein provided, who shall hold their office for the term of four (4) years, and shall possess the same qualifications as required for the Secretary of State. They shall receive such compensation as may be provided by law.





SOURCES: 1817 art IV §25; 1832 art V §20; 1869 art V §20; Laws 1966, ch. 692; Laws 1986, ch. 634, effective November 20, 1986.

NOTE: The 1966 amendment to Section 134, which eliminated the prohibition against the treasurer and the auditor of public accounts immediately succeeding each other in office, and the prohibition against the auditor of public accounts immediately succeeding himself in that office, was proposed by House Concurrent Resolution No. 38, ch. 692, adopted at the 1966 regular session of the Legislature, and upon ratification by the electorate on November 8, 1966, was inserted by proclamation of the Secretary of State on November 23, 1966.

The 1986 amendment to Section 134 was proposed by Laws 1986, ch. 634, Senate Concurrent Resolution No. 513, and upon ratification by the electorate on November 4, 1986, was inserted by proclamation of the Secretary of State on November 20, 1986.

SECTION 135.

Effective January 1, 1964, there shall be a sheriff, coroner, assessor, tax collector and surveyor for each county to be selected as elsewhere provided herein, who shall hold their office for four years and who shall be eligible to immediately succeed themselves in office, provided, however, if the offices of sheriff and tax collector are combined the holder thereof shall not be eligible to immediately succeed himself in office. The Legislature may combine any one or more of said offices in any county or counties and shall fix their compensation. The duties heretofore imposed on the county treasurer shall be discharged by some person or persons selected as required by law.





SOURCES: 1869 art V §21; Laws 1924, ch. 142; Laws 1962, ch. 683, effective June 22, 1962.

NOTE: The 1962 amendment to Section 135 was proposed by Senate Concurrent Resolution No. 109, ch. 683, of the 1962 regular session of the Legislature, and upon ratification by the electorate on June 5, 1962, was inserted by proclamation of the Secretary of State on June 22, 1962.

SECTION 136.

All officers named in this article shall hold their offices during the term for which they were selected, unless removed, and until their successors shall be duly qualified to enter on the discharge of their respective duties.





SOURCES: 1869 art V §22.

SECTION 137. Repealed.

NOTE: Former Section 137 required that the state treasurer publish in a newspaper located at the seat of government, within ten days of the first of January and July of each year, a statement of the condition of the treasury including the balance on hand and information concerning the nature of the funds. The former section also required verification by inpection and certification of the count by the governor.

The repeal of Section 137 was proposed by Laws 1990, ch. 695, Senate Concurrent Resolution No. 562, and upon ratification by the electorate on November 6, 1990, was deleted by proclamation of the Secretary of State on December 19, 1990.





SECTION 138.

The sheriff, coroner, assessor, surveyor, clerks of courts, and members of the board of supervisors of the several counties, and all other officers exercising local jurisdiction therein, shall be selected in the manner provided by law for each county.





SOURCES: 1817 art IV §24; 1832 art V §19.

SECTION 139.

The legislature may empower the governor to remove and appoint officers, in any county or counties or municipal corporations, under such regulations as may be prescribed by law.





SECTION 140.

The Governor of the state shall be chosen in in the following manner: On the first Tuesday after the first Monday of November of A.D. 1895, and on the first Tuesday after the first Monday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and the person receiving in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes". In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature.





The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them. The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected.





SOURCES: 1817 art IV §2; 1832 art V §2; 1869 art V §2; Laws 1982, ch. 621 effective January 28, 1983.

NOTE: The 1982 amendment to Section 140 was proposed by Laws 1982, ch. 621, Senate Consurrent Resolution No. 517, of the 1982 regular session of the Legislature, and upon ratification by the electorate on November 2, 1982, was inserted by proclamation of the Secretary of State on January 28, 1983.

SECTION 141.

If no person shall receive such majorities, then the house of representatives shall proceed to choose a governor from the two persons who shall have received the highest number of popular votes. The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted.





SECTION 142.

In case of an election of governor or any state officer by the house of representatives, no member of that house shall be eligible to receive any appointment from the governor or other state officer so elected, during the term for which he shall be elected.





SECTION 143.

All other state officers shall be elected at the same time, and in the same manner as provided for election of governor.





ARTICLE 6





JUDICIARY

SECTION 144. Judicial power of state.

SECTION 145. Composition of Supreme Court.

SECTION 145-A. Addition of judges to Supreme Court.

SECTION 145-B. Further addition of judges to Supreme Court.

SECTION 146. Jurisdiction of Supreme Court.

SECTION 147. Reversal of judgment for want of jurisdiction; remand.

SECTION 148. Holding of Supreme Court at seat of government.

SECTION 149. Term of office of Supreme Court judges.

SECTION 149-A. Divisions of Supreme Court.

SECTION 150. Eligibility requirements for Supreme Court Judges.

SECTION 151. Repealed.

SECTION 152. Circuit and chancery court districts.

SECTION 153. Election and terms of circuit and chancery court judges.

SECTION 154. Qualifications for circuit or chancery court judges.

SECTION 155. Judicial oath of office.

SECTION 156. Jurisdiction of circuit court.

SECTION 157. Exclusive jurisdiction of chancery court; transfer.

SECTION 158. Holding of circuit court.

SECTION 159. Jurisdiction of chancery court.

SECTION 160. Additional jurisdiction of chancery court.

SECTION 161. Concurrent jurisdiction of chancery and circuit court.

SECTION 162. Transfer to circuit court.

SECTION 163. Certification of transferred causes.

SECTION 164. Holding of chancery court.

SECTION 165. Disqualification of judges.

SECTION 166. Compensation of judges.

SECTION 167. Civil officers as conservators of peace.

SECTION 168. Clerks of court.

SECTION 169. Style of process.

SECTION 170. County districts; board of supervisors.

SECTION 171. Justice court judges; jurisdiction.

SECTION 172. Establishment and abolishment of inferior courts.

SECTION 172-A. Court order for tax levy or tax increase prohibited.

SECTION 173. Attorney-general.

SECTION 174. District attorneys.

SECTION 175. Liability and punishment of public officers.

SECTION 176. Qualifications for member of board of supervisors.

SECTION 177. Vacancy in office of judge or chancellor.

SECTION 177-A. Commission on judicial performance.

SECTION 144.

The judicial power of the state shall be vested in a Supreme Court and such other courts as are provided for in this constitution.





SOURCES: 1817 art V §1; 1832 art IV §1; 1869 art VI §1.

SECTION 145.

The Supreme Court shall consist of three judges, any two of whom, when convened, shall form a quorum. The legislature shall divide the state into three Supreme Court districts, and there shall be elected one judge for and from each district by the qualified electors thereof at a time and in the manner provided by law; but the removal of a judge to the state capitol during his term of office shall not render him ineligible as his own successor for the districts from which he has removed. The present incumbents shall be considered as holding their terms of office from the state at large. The adoption of this amendment shall not abridge the terms of any of the present incumbents, but they shall continue to hold their respective offices until the expiration of the terms for which they were respectively appointed.





SOURCES: Laws 1915, ch. 156.

SECTION 145-A.

The Supreme Court shall consist of six judges, that is to say, of three judges in addition to the three provided for by Section 145 of this Constitution, any four of whom when convened shall form a quorum. The additional judges herein provided for shall be selected one for and from each of the Supreme Court districts in the manner provided by Section 145 of this Constitution, or any amendments thereto. Their terms of office shall be as provided by Section 149 of this Constitution, or any amendment thereto.





SOURCES: Laws 1916, ch. 154.

SECTION 145-B.

The Supreme Court shall consist of nine judges, that is to say, of three judges in addition to the six provided for by Section 145-A of this Constitution, any five of whom when convened shall constitute a quorum. The additional judges herein provided for shall be selected one for and from each of the supreme court districts in the manner provided by Section 145-A of this Constitution or any amendment thereto. Their terms of office shall be as provided by Section 149 of this Constitution or any amendment thereto.





SOURCES: Laws 1950, ch. 592; Laws 1952, ch. 468.

SECTION 146.

The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals and shall exercise no jurisdiction on matters other than those specifically provided by this Constitution or by general law. The Legislature may by general law provide for the Supreme Court to have original and appellate jurisdiction as to any appeal directly from an administrative agency charged by law with the responsibility for approval or disapproval of rates sought to be charged the public by any public utility. The Supreme Court shall consider cases and proceedings for modification of public utility rates in an expeditious manner regardless of their position on the court docket.





SOURCES: 1832 art IV §4; 1869 art VI §4; Laws 1983, ch. 682, effective January 3, 1984.

NOTE: The 1983 amendment to Section 146 was proposed by Senate Concurrent Resolution No. 514, ch. 682, of the 1983 regular session of the Legislature and, upon ratification by the electorate on November 8, 1983, was inserted by proclamation of the Secretary of State on January 3, 1984.

SECTION 147.

No judgment or decree in any chancery or circuit court rendered in a civil cause shall be reversed or annulled on the ground of want of jurisdiction to render said judgment or decree, from any error or mistake as to whether the cause in which it was rendered was of equity or common-law jurisdiction; but if the Supreme Court shall find error in the proceedings other than as to jurisdiction, and it shall be necessary to remand the case, the Supreme Court may remand it to that court which, in its opinion, can best determine the controversy.





SECTION 148.

The Supreme Court shall be held twice in each year at the seat of government at such time as the legislature may provide.





SOURCES: 1832 art IV §7; 1869 art VI §7.

SECTION 149.

The term of office of the judges of the Supreme Court shall be eight (8) years. The legislature shall provide as near as can be conveniently done that the offices of not more than a majority of the judges of said court shall become vacant at any one time; and if necessary for the accomplishment of that purpose, it shall have power to provide that the terms of office of some of the judges first to be elected shall expire in less than eight years. The adoption of this amendment shall not abridge the terms of any of the present incumbents of the office of judge of the Supreme Court; but they shall continue to hold their respective offices until the expiration of the terms for which they were respectively appointed.





SOURCES: 1869 art IV §3; Laws 1916, ch. 157.

SECTION 149-A.

The Supreme Court shall have power, under such rules and regulations as it may adopt, to sit in two divisions of three judges each, any two of whom when convened shall form a quorum; each division shall have full power to hear and adjudge all cases that may be assigned to it by the court. In event the judges composing any division shall differ as to the judgment to be rendered in any cause, or in event any judge of either division, within a time and in a manner to be fixed by the rules to be adopted by the court, shall certify that in his opinion any decision of any division of the court is in conflict with any prior decision of the court or of any division thereof, the cause shall then be considered and adjudged by the full court or a quorum thereof.





SOURCES: Laws 1916, ch. 152.

SECTION 150.

No personal shall be eligible to the office of judge of the Supreme Court who shall not have attained the age of thirty years at the time of his appointment, and who shall not have been a practicing attorney and a citizen of the state for five years immediately preceding such appointment.





SOURCES: 1832 art IV §6; 1869 art VI §6.

SECTION 151. Repealed.

NOTE: This section was eliminated by an amendment adopted November 3, 1914, Laws 1916, ch 150. The number is retained to prevent a change in the numbers of the sections. The original section provided for filling vacancies on the Supreme Court under the appointive system.





SECTION 152.

The Legislature shall divide the state into an appropriate number of circuit court districts and chancery court districts.





The Legislature shall, by statute, establish certain criteria by which the number of judges in each district shall be determined, such criteria to be based on population, the number of cases filed and other appropriate data.





Following the 1980 Federal Decennial Census and following each federal decennial census thereafter, the Legislature shall redistrict the circuit and chancery court districts. Should the Legislature fail to redistrict the circuit or chancery court districts by December 31 of the fifth year following the 1980 Federal Decennial Census or by December 31 of the fifth year following any federal decennial census thereafter, the Supreme Court shall, by order, redistrict such circuit or chancery court districts. Any order by the Supreme Court which redistricts the circuit or chancery court districts shall become effective at a date to be set therein and shall, without alteration of the composition of the districts established in such order, be enacted by the next succeeding session of the Legislature.





The circuit and chancery court districts established by the Legislature prior to the approval of this amendment shall remain in force and effect until such time as they are redistricted under the provisions of this amendment.





SOURCES: 1832 art IV §13; 1869 art VI §13; Laws 1981, ch. 708; Laws 1992, ch. 720, effective December 8, 1992.

NOTE: The 1981 amendment to Section 152 was proposed by House Concurent Resolution No. 23, ch. 708 of the 1981 regular session of the Legislature, and upon ratification by the electorate on November 2, 1982, was inserted by proclamation of the Secretary of State on January 28, 1983.

The 1992 amendment of Section 152 was proposed by Senate Concurrent Resolution No. 526, ch. 720, and upon ratification of the electorate on November 3, 1992, was inserted by proclamation of the Secretary of State on December 8, 1992.

SECTION 153.

The judges of the circuit and chancery courts shall be elected by the people in a manner and at a time to be provided by the legislature and the judges shall hold their office for a term of four years.





SOURCES: 1869 art VI §11; Laws 1912, ch. 415.

SECTION 154.

No person shall be eligible to the office of judge of the circuit court or of the chancery court who shall not have been a practicing lawyer for five years and who shall not have attained the age of twenty-six years, and who shall not have been five years a citizen of this state.





SOURCES: 1832 art IV §12; 1869 art VI §12.

SECTION 155.

The judges of the several courts of this state shall, before they proceed to execute the duties of their respective offices, take the following oath or affirmation, to-wit: "I, ----, solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ---- according to the best of my ability and understanding, agreeably to the Constitution of the United States and the Constitution and laws of the state of Mississippi. So help me God."





SECTION 156.

The circuit court shall have original jurisdiction in all matters civil and criminal in this state not vested by this Constitution in some other court, and such appellate jurisdiction as shall be prescribed by law.





SOURCES: 1832 art IV §14; 1869 art VI §14.

SECTION 157.

All causes that may be brought in the circuit court whereof the chancery court has exclusive jurisdiction shall be transferred to the chancery court.





SECTION 158.

A circuit court shall be held in each county at least twice in each year, and the judges of said courts may interchange circuits with each other in such manner as may be provided by law.





SOURCES: 1832 art IV §15; 1869 art VI §15.

SECTION 159.

The chancery court shall have full jurisdiction in the following matters and cases, viz.:





(a) All matters in equity;

(b) Divorce and alimony;

(c) Matters testamentary and of administration;

(d) Minor's business;

(e) Cases of idiocy, lunacy, and persons of unsound mind;

(f) All cases of which the said court had jurisdiction under the laws in force when this Constitution is put in operation.





SOURCES: 1832 third amendment; 1869 art VI §16.

SECTION 160.

And in addition to the jurisdiction heretofore exercised by the chancery court in suits to try title and to cancel deeds and other clouds upon title to real estate, it shall have jurisdiction in such cases to decree possession, and to displace possession; to decree rents and compensation for improvements and taxes; and in all cases where said court heretofore exercised jurisdiction, auxiliary to courts of common law, it may exercise such jurisdiction to grant the relief sought, although the legal remedy may not have been exhausted or the legal title established by a suit at law.





SECTION 161.

And the chancery court shall have jurisdiction, concurrent with the circuit court, of suits on bonds of fiduciaries and public officers for failure to account for money or property received, or wasted or lost by neglect or failure to collect, and of suits involving inquiry into matters of mutual accounts; but if the plaintiff brings his suit in the circuit court, that court may, on application of the defendant, transfer the cause to the chancery court, if it appear that the accounts to be investigated are mutual and complicated.





SECTION 162.

All causes that may be brought in the chancery court whereof the circuit court has exclusive jurisdiction shall be transferred to the circuit court.





SECTION 163.

The legislature shall provide by law for the due certification of all causes that may be transferred to or from any chancery court or circuit court, for such reformation of the