The sheriff shall have charge of the courthouse and jail of his county, of the premises belonging thereto, and of the prisoners in said jail. He shall preserve the said premises and prisoners from mob violence, from any injuries or attacks by mobs or otherwise, and from trespasses and intruders. He shall keep the courthouse, jail, and premises belonging thereto, in a clean and comfortable condition, and it shall be his duty to prosecute all persons who are guilty of injuring or defacing same. If, after a hearing by the Governor, held in accordance with due process of law, it shall be ascertained that the sheriff has wilfully failed, neglected or refused to preserve the courthouse, or the jail, or any prisoners lawfully in his custody from injuries by mob violence, then the Governor shall have the power and it shall be his duty to remove such sheriff from office.
However, in the case of a jail owned jointly by a county and municipality, under the provisions of Section 17-5-1, Mississippi Code of 1972, after the appointment of a jailer, pursuant to Section 47-1-49, Mississippi Code of 1972, responsible for all municipal prisoners lodged in said jail, neither the sheriff nor his bondsmen shall be responsible for actual maintenance or operation of said jail, insofar as municipal prisoners are concerned.
Codes, 1857, ch. 6, art 136; 1871, § 242; 1880, § 342; 1892, § 4132; 1906, § 4684; Hemingway's 1917, § 3101; 1930, § 3331; 1942, § 4256; Laws, 1966, ch. 369, § 1, eff. 5/6/1966.
Notes of Decisions
Jessica Jauch v. Choctaw Cnty., 874 F.3d 425 (5th Cir. 2017).
“Sheriff Halford is responsible for those incarcerated in his jail, Miss. Code Ann. § 19-25-69 , and the capias did not require him to impose the unconstitutional detention policy.”
Hosford v. State, 525 So. 2d 789 (Miss. 1988).
· cites it 2× “Miss. Code Ann. § 19-25-69 (1972) gives the sheriff custodial charge of the courthouse, with the duty of keeping it clean and comfortable.”
Spicer v. State, 921 So. 2d 292 (Miss. 2006).
· cites it 2× “Miss.Code Ann. § 19-25-69 provides in part: "The sheriff shall have charge of the courthouse and jail of his county, of the premises belonging thereto, and of the prisoners in said jail.”
McQueen v. Williams, 587 So. 2d 918 (Miss. 1991).
· cites it 3× “Miss. Code Ann. § 19-25-69 (1972) provides: The sheriff shall have charge of the courthouse and jail of his county, of the premises belonging thereto, and of the prisoners in said jail.”
Coleman v. State, 482 So. 2d 221 (Miss. 1986).
· cites it 3× “Citing Miss. Code Ann. §§ 19-25-69 and 97-9-49, appellant argues that the sheriff has charge of the courthouse and prisoners therein and that the sheriff is authorized to release, for a limited time, those in his custody.”
Boston v. Lafayette Cnty., Miss., 744 F. Supp. 746 (N.D. Miss. 1990).
· cites it 2× “Likewise, Miss.Code Ann. § 19-25-69 states: The sheriff shall have charge of the courthouse and jail of his county, of the premises belonging thereto, and of the prisoners in said jail.”
Robinson v. Est. of Williams, 721 F. Supp. 806 (S.D. Miss. 1989).
· cites it 2× “” Miss.Code Ann. § 19-25-69. Also, “if there be danger of escape .”
Boston v. Lafayette Cnty., Miss., 743 F. Supp. 462 (N.D. Miss. 1990).
· cites it 2× “Likewise, Miss.Code Ann. § 19-25-69 states: The sheriff shall have charge of the courthouse and jail of his county, of the premises belonging thereto, and of the prisoners in said jail.”
Clark v. McMillin, 932 F. Supp. 789 (S.D. Miss. 1996).
· cites it 2× “Sheriff McMillin chose Major Arty Girod to supervise all of Hinds County’s detention facilities, and Lieutenant Doug Jones was placed in charge of the operation of the HCDC.”
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