State Codes and Statutes

Statutes > Mississippi > Title-77 > 11 > 77-11-5

§ 77-11-5. Restraint of violations and enforcement of standards.
 

(1)  Pursuant to the provisions of Section 77-3-75, the chancery court, First Judicial District of Hinds County, Mississippi, shall have jurisdiction to restrain violations of the Natural Gas Pipeline Safety Standards adopted by both the United States Department of Transportation and the Mississippi Public Service Commission, and to enforce, by mandamus, injunction or other appropriate remedy, orders of said commission adopting such standards. Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. 

(2)  In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this article, trial shall be by the court, or upon demand of the accused, by a jury and, upon demand of the accused, a jury trial for criminal contempt shall be transferred to the chancery court of the county in which the accused resides or has his principal place of business. 
 

Sources: Codes, 1942, § 7897-03; Laws,  1971, ch. 331, § 3, eff sixty (60) days from and after passage (approved March 6, 1971).
 

State Codes and Statutes

Statutes > Mississippi > Title-77 > 11 > 77-11-5

§ 77-11-5. Restraint of violations and enforcement of standards.
 

(1)  Pursuant to the provisions of Section 77-3-75, the chancery court, First Judicial District of Hinds County, Mississippi, shall have jurisdiction to restrain violations of the Natural Gas Pipeline Safety Standards adopted by both the United States Department of Transportation and the Mississippi Public Service Commission, and to enforce, by mandamus, injunction or other appropriate remedy, orders of said commission adopting such standards. Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. 

(2)  In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this article, trial shall be by the court, or upon demand of the accused, by a jury and, upon demand of the accused, a jury trial for criminal contempt shall be transferred to the chancery court of the county in which the accused resides or has his principal place of business. 
 

Sources: Codes, 1942, § 7897-03; Laws,  1971, ch. 331, § 3, eff sixty (60) days from and after passage (approved March 6, 1971).
 


State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-77 > 11 > 77-11-5

§ 77-11-5. Restraint of violations and enforcement of standards.
 

(1)  Pursuant to the provisions of Section 77-3-75, the chancery court, First Judicial District of Hinds County, Mississippi, shall have jurisdiction to restrain violations of the Natural Gas Pipeline Safety Standards adopted by both the United States Department of Transportation and the Mississippi Public Service Commission, and to enforce, by mandamus, injunction or other appropriate remedy, orders of said commission adopting such standards. Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. 

(2)  In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this article, trial shall be by the court, or upon demand of the accused, by a jury and, upon demand of the accused, a jury trial for criminal contempt shall be transferred to the chancery court of the county in which the accused resides or has his principal place of business. 
 

Sources: Codes, 1942, § 7897-03; Laws,  1971, ch. 331, § 3, eff sixty (60) days from and after passage (approved March 6, 1971).