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Article XIV, Mississippi Constitution

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Mississippi Constitution
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Article 14 of the Mississippi Constitution is entitled General Provisions. It has 17 sections.

Section 257

Text of Section 257:

Commencement of Political Year

The political year of the state of Mississippi shall commence on the first Monday of January in each year.

Section 258

Text of Section 258:

Credit of State

The credit of the state shall not be pledged or loaned in aid of any person, association, or corporation; and the state shall not become a stockholder in any corporation or association, nor assume, redeem, secure, or pay any indebtedness or pretended indebtedness alleged to be due by the state of Mississippi to any person, association, or corporation whatsoever, claiming the same as owners, holders, or assignees of any bond or bonds, now generally known as "Union Bank" bonds and "Planters Bank" bonds.

Section 259

Text of Section 259:

Removal of County Seat

No county seat shall be removed unless such removal be authorized by two-thirds of the electors of the county voting therefore; but when the proposed removal shall be toward the center of the county, it may be made when a majority of the electors participating in the election shall vote therefore.

Section 260

Text of Section 260:

Formation of New County; Changing Judicial Districts

No new county shall be formed unless a majority of the qualified electors voting in each part of the county or counties proposed to be dismembered and embraced in the new county, shall separately vote therefore; nor shall the boundary of any judicial district in a county be changed, unless, at an election held for that purpose, two-thirds of those voting assent thereto. The elections provided for in this and the section next preceding shall not be held in any county oftener than once in four years. No new county shall contain less than four hundred square miles; nor shall any existing county be reduced below that size.

Section 261

Text of Section 261:

Expenses of Criminal Prosecutions; Fines, Forfeitures and Costs

The expenses of criminal prosecutions shall be borne by the county in which such prosecution shall be begun; and all fines and forfeitures shall be paid into the treasury of such county. Defendants, in cases of conviction, may be taxed with the costs.

NOTE: The 1966 amendment to Section 261 was proposed by Laws 1966, ch. 732, Senate Concurrent Resolution No. 115, adopted at the regular session of the 1966 Legislature, and upon ratification by the electorate on June 7, 1966, was inserted by proclamation of the Secretary of State on June 20, 1966.

Section 262

Text of Section 262:

Asylums for the Aged or Infirm

The board of supervisors shall have power to provide homes or farms as asylums for those persons who, by reason of age, infirmity, or misfortune, may have claims upon the sympathy and aid of society; and the legislature shall enact suitable laws to prevent abuses by those having the care of such persons.

Section 263

Text of Section 263:

Repealed

NOTE: Former Section 263 declared a marriage void between a white person and negro or mulatto with one-eighth or more of negro blood.

The repeal of Section 263 was proposed by Laws 1987, ch. 672, House Concurrent Resolution No. 13, and upon ratification by the electorate on November 3, 1987, was deleted by proclamation of the Secretary of State on December 4, 1987.

Section 264

Text of Section 264:

Qualifications of Grand and Petit Jurors

The Legislature shall, by law, provide for the qualifications of grand and petit jurors. The Legislature shall provide, by law, for procuring a list of persons so qualified, and the drawing therefrom of grand and petit jurors. After February 1, 1973, grand jurors may serve both in termtime and vacation and any circuit judge may empanel a grand jury in termtime or in vacation.

NOTE: The 1960 amendment to Section 264 was proposed by Laws 1960, ch. 502, and upon ratification by the electorate on November 8, 1960, was inserted by proclamation of the Secretary of State on November 23, 1960.

The 1972 amendment to Section 264 was proposed by Laws 1972, ch. 538, House Concurrent Resolution No. 4 of the 1972 regular session of the Legislature, and upon ratification of the electorate was inserted by proclamation of the Secretary of State on November 22, 1972.

Section 265

Text of Section 265:

Denial of Supreme Being Disqualification to Hold Office

No person who denies the existence of a Supreme Being shall hold any office in this state.

Section 266

Text of Section 266:

Holding Office under Federal or Foreign Government

No person holding or exercising the rights or powers of any office of honor or profit, either in his own right or as a deputy, or while otherwise acting for or in the name or by the authority of another, under any foreign government, or under the government of the United States, shall hold or exercise in any way the rights and powers of any office of honor or profit under the laws or authority of this state, except notaries, commissioners of deeds, and United States commissioners.

Section 267

Text of Section 267:

Devotion of Time to Office

No person elected or appointed to any office or employment of profit under the laws of this state, or by virtue of any ordinance of any municipality of this state, shall hold such office or employment without personally devoting his time to the performance of the duties thereof.

Section 268

Text of Section 268:

Oath of Office

All officers elected or appointed to any office in this state, except judges and members of the legislature, shall, before entering upon the discharge of the duties thereof, take and subscribe the following oath: "I, ________, do solemnly swear (or affirm) that I will faithfully support the Constitution of the United States and the Constitution of the State of Mississippi, and obey the laws thereof; that I am not disqualified from holding the office of ________; that I will faithfully discharge the duties of the office upon which I am about to enter. So help me God."

Section 269

Text of Section 269:

Repealed.

NOTE: Former Section 269 read as follows:

Every devise or bequest of lands, tenemants, or hereditaments, or any interest therein, of freehold or less than freehold, either present or future, vested or contingent, or of any money directed to be raised by the sale therof, contained in any last will and testament, or codicil, or other testamentary writing, in favor of any religious or ecclesiastical corporation, sole or aggregate, or any religious or ecclesiastical society, or to any religious denomination or association or persons, or to any person or body politic, in trust, either express or implied, secret or resulting, either for the use and benefit of such religious corporation, society, denomination, or association, or for the purpose of being given or appropriated to charitable uses or purposes, shall be null and void, and the heir at law shall take the same property so devised or bequeathed, as though no testamentary disposition had been made.”

The repeal of Section 269 was proposed by a concurrent resolution passed at the 1938 Extraordinary Session of the Legislature, and upon ratification of the proposal by the electorate on November 7, 1939, the repeal became effective by virtue of Laws 1940, ch 325.

Section 270

Text of Section 270:

Repealed. NOTE: Former Section 270, as amended in 1987, read as follows:

Any person may, by will, bequeath or devise all or any portion of his estate to any charitable, religious, educational or civil institutions, subject to any statutory rights of surviving spouses and minor children and such other exceptions as may be prescribed by general law; provided that, in all cases, the will containing such bequest or devise must be executed at least one hundred and eighty (180) days before the death of the testator, or such bequest or devise shall be void.

Provided, however, that any land devised, not in violation of this section, to any charitable, religious, educational, or civil institution may be legally owned, and further may be held by the devisee for a period of not longer than ten (10) years after such devise becomes effective as a fee simple or possessory interest, during which time such land and improvements thereon shall be taxed as any other land held by any other person, unless exempted by some specific statute.”

The 1987 amendment was proposed by Laws 1987, ch. 670, House Concurrent Resolution No. 7, and upon ratification by the electorate on November 3, 1987, was inserted by proclamation of the Secretary of State on December 4, 1987.

The repeal of Section 270 was proposed by Laws 1992, ch. 614, House Concurrent Resolution No. 86, and upon ratification by the electorate on November 3, 1992, was deleted by proclamation of the Secretary of State on December 8, 1992.

Section 271

Text of Section 271:

Consolidation of Counties

The Legislature may provide by a two-thirds (2/3) vote of the elected members of the House of Representatives and of the Senate for the consolidation of existing counties of the State, provided, however, that such counties combined must be adjoining.

NOTE: The 1966 amendment to Section 271, which vests the Legislature with exclusive authority to consolidate existing counties, was proposed by House Concurrent Resolution No. 36, 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.

Section 272

Text of Section 272:

Repealed.

NOTE: Former Section 272 provided for pensions to confederate soldiers and sailors who enlisted and honorably served in the civil war and for the widows therof.

The repeal of Section 272 was proposed by Laws 1990, ch. 691, Senate Concurrent Resolution No. 519, and upon ratification by the electorate on November 6, 1990, was deleted by proclamation of the Secretary of State on December 19, 1990.

Section 272-A

Text of Section 272-A:

Retirement Systems

(1) All of the assets, proceeds or income of the Public Employees' Retirement System of Mississippi and the Mississippi Highway Safety Patrol Retirement System or any successor systems, and all contributions and payments made to the systems to provide for retirement and related benefits shall be held, invested as authorized by law, or disbursed as in trust for the exclusive purpose of providing for such benefits, refunds and administrative expenses under the management of the board of trustees of the systems, and shall not be encumbered for or diverted to any other purposes.

(2) Legislation shall not be enacted increasing benefits under the Public Employees' Retirement System of Mississippi and the Mississippi Highway Safety Patrol Retirement System in any manner unless funds are available therefore, or unless concurrent provisions are made for funding any such increase in accordance with a prior certification of the cost by the board of trustees of the systems based on accepted actuarial standards.

NOTE: The insertion of Section 272-A was proposed by Laws 1985, ch. 618, Senate Concurrent Resolution No. 518, and upon ratification by the electorate on November 4, 1986, was inserted by proclamation of the Secretary of State on November 20, 1986.

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