Miss. Code § 89-7-63

Current through 6/1/2024

Section 89-7-63 - Form of affidavit

The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.:

"State of Mississippi,

____________________ County.

"Before me, ____________________, a justice of the peace of the County of ____________________, came ____________________, who, being duly sworn, says on oath: That ____________________ [the tenant] is indebted to him [or if the affidavit be made by an agent or attorney, strike out 'him' and insert the name of the landlord or person to whom the rent is due, and add after the landlord's name, 'of whom the affiant is agent'] in the sum of ____________________ dollars for rent in arrears [or if the rent be not due, strike out the words 'in arrears,' and insert 'to become due on the ____________________ day of ____________________, A.D. ____________________'] by virtue of a lease for the term commencing on the ____________________ day of ____________________, A.D. ____________________, and ending on the ____________________ day of ____________________, A.D. ____________________ of land situated in ____________________ County, and described as [here describe the leased premises; it is well to describe by name, if it has one, or by its occupants, and if such be the case it would be well to say 'and occupied by said ____________________, tenant, during the year ____________________'].

"And the said ____________________, the tenant, is further indebted to affiant [or if the oath be made by an agent or attorney, strike out 'affiant' and insert the name of the landlord or person to whom the debt is due] in the further sum of ____________________ dollars, now due [if the debt be not due, strike out the words 'now due,' and insert 'to become due on the ____________________ day of ____________________, A.D.'] ____________________ of which supplies a bill of particulars is attached hereto. Affiant [or if made by an agent or attorney, say 'affiant's said principal'] claims a lie the following agricultural products raised during the year ____________________, on the said leased premises [here describe the products, giving their location, if known, for the officer's guidance].

"Sworn to and subscribed before me, this the ____________________ day of ____________________, A.D. ____________________

____________________, J.P."

(a) If the attachment be for rent only, strike out all relating to supplies; and if the claim be for supplies only, strike out all relating to the sum due for rent, and alter the form to suit the case.

(b) If the claim be not due, add to the form the following words: "And affiant has just cause to suspect, and does verily believe that the said tenant will remove [or has removed, as the case may be] his effects from said leased premises before said claim [or claims] be or shall become due, so that a distress or seizure cannot be made therefor, or so as to impair the landlord's lien on the agricultural products raised on the premises."

(c) If the rent be for part of the crop, or other thing than money, the affidavit should state it as it is, giving the money value of what is due.

Miss. Code § 89-7-63

Codes, 1892, § 2505; 1906, § 2842; Hemingway's 1917, § 2340; 1930, § 2192; 1942, § 914.