99-29-9 - Suit and recovery on bond.
§ 99-29-9. Suit and recovery on bond.
The bond provided for by Section 97-35-39 shall be made payable to the State of Mississippi, and may be sued upon, in case of breach, in the name of the state, and in the circuit court, and such suit shall be triable at the first term of the circuit court after the breach occurs, provided the sureties on such bond are summoned five days before court meets. And such suit shall be conducted by the district attorney, for the state, in the circuit court, and by the attorney general in the supreme court. Whenever any bond so taken shall be forfeited by the misconduct of the said vagrant, there shall be no recovery of same less than the face value of the bond, unless the vagrant shall be delivered up to the circuit court for future trial, as provided in Section 99-29-11, in which event the court may, in its discretion, limit the amount of recovery on the bond to the cost of suit and a penalty of fifty dollars.
Sources: Codes, 1906, § 5058; Hemingway's 1917, § 3335; 1930, § 3475; 1942, § 2669.