2013 Mississippi Code
Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS
Chapter 7 - FEES
§ 25-7-27 - Marshals and constables

(1) Marshals and constables shall charge the following fees:

(a) (i) A uniform total fee in all civil cases, whether contested or

uncontested, which shall include all services in connection therewith, except

as stated otherwise in this section, each...............................$ 35.00

(ii) A uniform total fee in all criminal cases, whether contested or

uncontested, which shall include all services in connection therewith, except

as stated otherwise in this section, each...............................$ 35.00

(iii) In all cases where there is more than one (1) defendant, for

service on each additional defendant.....................................$ 5.00

(iv) When a complaining party has provided erroneous information to the

clerk of the court relating to the service of process on the defendant or

defendants and process cannot be served after diligent search and inquiry, the

uniform fee shall be assessed upon subsequent successful service and an

additional fee shall be due in the following amount.....................$ 15.00

(v) When a complaining party has provided erroneous information to the

clerk of the court relating to the service of process on the defendant or

defendants and process cannot be served after diligent search and inquiry, and

a defendant is served in a county other than the county in which a suit was

filed, the constable in the county in which the suit was filed shall receive

an additional fee, upon successful service of the defendant, in the following

amount..................................................................$ 15.00

(b) After final judgment has been enrolled, further proceedings involving

levy of execution on judgments, and attachment and garnishment proceedings

shall be a new suit for which the marshal or constable shall be entitled to

the following fee.......................................................$ 35.00

(c) For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2).

To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.

(d) For other service, the same fees allowed sheriffs for similar services.

(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the per diem compensation provided under Section 25-3-69 for each day, or part thereof, for which he serves as bailiff when the court is in session.

(f) For serving all warrants and other process and attending all trials in

state cases in which the state fails in the prosecution, to be paid out of the

county treasury on the allowance of the board of supervisors without

itemization, subject, however, to the condition that the marshal or constable

must not have overcharged in the collection of fees for costs, contrary to the

provisions of this section, annually.................................$ 1,800.00

(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.

(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).