FrankGoortani/open-us-law huggingface dataset:
Mass. Gen. Laws ch. 175, sec. 149V — MA Code / Part I / Title XXII / Chapter 175 / Section 149V
Exemptions from Secs. 149M to 149W
Status: in_force

Section 149V. The following shall be exempt from sections 149M to 149W, inclusive: (a) warranties, service contracts or maintenance agreements provided by public utilities that are regulated by the department of telecommunications and cable or the Federal Communications Commission, or by an affiliate of such entity, covering customer wiring, transmission devices serviced by such public utility or warranting services provided by such public utility or its affiliate; (b) mechanical breakdown insurance policies offered by insurers otherwise licensed and regulated under the insurance laws and regulations of the commonwealth; (c) warranties, service contracts or other agreements regarding automobiles; and (d) warranties offered by builders as part of a conveyance of real estate.

Section 149V. The following shall be exempt from sections 149M to 149W, inclusive: (a) warranties, service contracts or maintenance agreements provided by public utilities that are regulated by the department of telecommunications and cable or the Federal Communications Commission, or by an affiliate of such entity, covering customer wiring, transmission devices serviced by such public utility or warranting services provided by such public utility or its affiliate; (b) mechanical breakdown insurance policies offered by insurers otherwise licensed and regulated under the insurance laws and regulations of the commonwealth; (c) warranties, service contracts or other agreements regarding automobiles; and (d) warranties offered by builders as part of a conveyance of real estate.
Mass. Gen. Laws ch. 220, sec. 2 — MA Code / Part III / Title I / Chapter 220 / Section 2
General powers
Status: in_force

Section 2. The courts of the commonwealth and the justices thereof shall have and exercise all the powers necessary for the performance of their duties. They may issue all writs, warrants and processes and make and award judgments, decrees, orders and injunctions necessary or proper to carry into effect the powers granted to them, and, if no form for such writ or process is prescribed by statute, they shall frame one in conformity with the principles of law and the usual course of proceedings in the courts of the commonwealth.

Section 2. The courts of the commonwealth and the justices thereof shall have and exercise all the powers necessary for the performance of their duties. They may issue all writs, warrants and processes and make and award judgments, decrees, orders and injunctions necessary or proper to carry into effect the powers granted to them, and, if no form for such writ or process is prescribed by statute, they shall frame one in conformity with the principles of law and the usual course of proceedings in the courts of the commonwealth.
Mass. Gen. Laws ch. 223, sec. 62 — MA Code / Part III / Title II / Chapter 223 / Section 62
General provisions
Status: in_force

Section 62. In attaching land, or a right or interest therein, the officer need not enter upon the land or be within view of it. In attaching leasehold estates, the officer shall state in his return in general terms the leasehold property attached. Every writ on which such an attachment of land, or a right or interest therein, is made shall contain or have endorsed upon it the name and last known residence of each defendant.

Section 62. In attaching land, or a right or interest therein, the officer need not enter upon the land or be within view of it. In attaching leasehold estates, the officer shall state in his return in general terms the leasehold property attached. Every writ on which such an attachment of land, or a right or interest therein, is made shall contain or have endorsed upon it the name and last known residence of each defendant.
Mass. Gen. Laws ch. 38, sec. 4A — MA Code / Part I / Title VI / Chapter 38 / Section 4A
Death resulting from single-vehicle accident; blood sample analysis; liability of medical examiner
Status: in_force

Section 4A. If, after making inquiry pursuant to section four, the medical examiner is of the opinion that death may have resulted from injuries sustained in a motor vehicle accident, and that the death occurred within four hours of such accident, that the deceased was the operator and sole occupant of the motor vehicle, and that no other individuals were involved in the accident, the medical examiner shall submit to the state police laboratory a sample of blood from the deceased in an amount sufficient for chemical analysis if it is obtainable at an autopsy. If such chemical analysis indicates the presence of a controlled substance or alcohol, such sample shall be preserved for no less than one hundred and twenty days from the date the sample is taken to permit an independent analysis. Such independent analysis shall be done upon the written request and at the expense of the next of kin of the decedent. No independent analysis of blood performed after sixty days pursuant to this section shall be admissible as evidence of the level of alcohol or controlled substance in any legal proceeding. The medical examiner shall not be civilly or criminally liable for any action taken in compliance with this section.

Section 4A. If, after making inquiry pursuant to section four, the medical examiner is of the opinion that death may have resulted from injuries sustained in a motor vehicle accident, and that the death occurred within four hours of such accident, that the deceased was the operator and sole occupant of the motor vehicle, and that no other individuals were involved in the accident, the medical examiner shall submit to the state police laboratory a sample of blood from the deceased in an amount sufficient for chemical analysis if it is obtainable at an autopsy. If such chemical analysis indicates the presence of a controlled substance or alcohol, such sample shall be preserved for no less than one hundred and twenty days from the date the sample is taken to permit an independent analysis. Such independent analysis shall be done upon the written request and at the expense of the next of kin of the decedent. No independent analysis of blood performed after sixty days pursuant to this section shall be admissible as evidence of the level of alcohol or controlled substance in any legal proceeding. The medical examiner shall not be civilly or criminally liable for any action taken in compliance with this section.
Mass. Gen. Laws ch. 35, sec. 18 — MA Code / Part I / Title VI / Chapter 35 / Section 18
Suffolk and Nantucket counties; applicability of laws
Status: in_force

Section 18. Sections ten, fourteen, twenty-five to twenty-nine, inclusive, and forty-four shall not apply to Suffolk county, nor shall sections fifteen, sixteen, twenty-five to thirty, inclusive, and thirty-two to thirty-four, inclusive, affect the special laws relative to Suffolk or Nantucket county.

Section 18. Sections ten, fourteen, twenty-five to twenty-nine, inclusive, and forty-four shall not apply to Suffolk county, nor shall sections fifteen, sixteen, twenty-five to thirty, inclusive, and thirty-two to thirty-four, inclusive, affect the special laws relative to Suffolk or Nantucket county.
Mass. Gen. Laws ch. 276, sec. 20M — MA Code / Part IV / Title II / Chapter 276 / Section 20M
Payment of agent's expenses
Status: in_force

Section 20M. If the application for a requisition for the return to this commonwealth of a person charged with crime herein, or for the return of a person who has been convicted of a crime herein and has escaped from confinement or has broken the terms of his bail, probation or parole, is complied with and an agent appointed, the account of such agent shall be paid like other expenses in criminal cases by the commonwealth.

Section 20M. If the application for a requisition for the return to this commonwealth of a person charged with crime herein, or for the return of a person who has been convicted of a crime herein and has escaped from confinement or has broken the terms of his bail, probation or parole, is complied with and an agent appointed, the account of such agent shall be paid like other expenses in criminal cases by the commonwealth.
Mass. Gen. Laws ch. 277, sec. 58 — MA Code / Part IV / Title II / Chapter 277 / Section 58
Larceny; venue
Status: in_force

Section 58. Larceny, whether at common law or as defined by section thirty of chapter two hundred and sixty-six, may be prosecuted and punished in any county where the defendant had possession of the property alleged to have been stolen.

Section 58. Larceny, whether at common law or as defined by section thirty of chapter two hundred and sixty-six, may be prosecuted and punished in any county where the defendant had possession of the property alleged to have been stolen.
Mass. Gen. Laws ch. 277, sec. 14 — MA Code / Part IV / Title II / Chapter 277 / Section 14
Grand juror serving as traverse juror
Status: in_force

Section 14. No member of the grand jury which has found an indictment shall serve upon the jury for the trial thereof.

Section 14. No member of the grand jury which has found an indictment shall serve upon the jury for the trial thereof.
Mass. Gen. Laws ch. 108A, sec. 9 — MA Code / Part I / Title XV / Chapter 108A / Section 9
Partner as agent of partnership; authority
Status: in_force

Section 9. (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority. (2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners. (3) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to: (a) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership, (b) Dispose of the good will of the business, (c) Do any other act which would make it impossible to carry on the ordinary business of the partnership, (d) Confess a judgment, (e) Submit a partnership claim or liability to arbitration or reference. (4) No act of a partner in contravention of a restriction on his authority shall bind the partnership to persons having knowledge of the restriction.

Section 9. (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority.

(2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners.

(3) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to:

(a) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership,

(b) Dispose of the good will of the business,

(c) Do any other act which would make it impossible to carry on the ordinary business of the partnership,

(d) Confess a judgment,

(e) Submit a partnership claim or liability to arbitration or reference.

(4) No act of a partner in contravention of a restriction on his authority shall bind the partnership to persons having knowledge of the restriction.
Mass. Gen. Laws ch. 236, sec. 4 — MA Code / Part III / Title II / Chapter 236 / Section 4
Deposit of notice of land taken on execution or mesne process; Nantucket county
Status: in_force

Section 4. If land, which was not attached on mesne process in the action in which the execution issued, is taken on execution, the officer shall forthwith deposit in the registry of deeds for the county or district where the land lies a copy of the execution with a memorandum thereon that the execution is in his hands for the purpose of taking the land of the defendant, and no such taking shall be valid against a purchaser in good faith, for value and without notice, before such copy is deposited. If land was attached on mesne process, a copy of the execution with a memorandum as aforesaid shall be deposited by the officer in the registry of deeds for the county or district where the land lies, within forty days after the date which appears on the execution issued upon the judgment in the action, and the attachment shall become void forty days after said date unless the copy is so deposited; provided, that if land was attached on mesne process in Nantucket county and judgment was rendered in another county, or if judgment was rendered in Nantucket county and land was attached in another county, said copy shall be deposited within seventy days after the date which appears on the execution issued upon judgment in the action, and the attachment shall become void seventy days after said date unless the copy is so deposited.

Section 4. If land, which was not attached on mesne process in the action in which the execution issued, is taken on execution, the officer shall forthwith deposit in the registry of deeds for the county or district where the land lies a copy of the execution with a memorandum thereon that the execution is in his hands for the purpose of taking the land of the defendant, and no such taking shall be valid against a purchaser in good faith, for value and without notice, before such copy is deposited. If land was attached on mesne process, a copy of the execution with a memorandum as aforesaid shall be deposited by the officer in the registry of deeds for the county or district where the land lies, within forty days after the date which appears on the execution issued upon the judgment in the action, and the attachment shall become void forty days after said date unless the copy is so deposited; provided, that if land was attached on mesne process in Nantucket county and judgment was rendered in another county, or if judgment was rendered in Nantucket county and land was attached in another county, said copy shall be deposited within seventy days after the date which appears on the execution issued upon judgment in the action, and the attachment shall become void seventy days after said date unless the copy is so deposited.
Mass. Gen. Laws ch. 176P, sec. 39A — MA Code / Part I / Title XXII / Chapter 176P / Section 39A
Valuation of bonds or other evidence of debt
Status: in_force

Section 39A. A society may, in the annual statement required by section 38, value its bonds or other evidences of debt having a fixed term and rate and not in default as to principal or interest and if amply secured, in accordance with the following rule:— if purchased at par, at the par value; if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield meantime the effective rate of interest at which the purchase was made. The purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase, and a society may return such bonds or other evidences of debt at either their market or their book value, but in no event at any aggregate value exceeding the aggregate of the values calculated according to the foregoing rule.

Section 39A. A society may, in the annual statement required by section 38, value its bonds or other evidences of debt having a fixed term and rate and not in default as to principal or interest and if amply secured, in accordance with the following rule:— if purchased at par, at the par value; if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield meantime the effective rate of interest at which the purchase was made. The purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase, and a society may return such bonds or other evidences of debt at either their market or their book value, but in no event at any aggregate value exceeding the aggregate of the values calculated according to the foregoing rule.
Mass. Gen. Laws ch. 60, sec. 3E — MA Code / Part I / Title IX / Chapter 60 / Section 3E
Application of partial payments
Status: in_force

Section 3E. Partial payments of bills for taxes, excises or municipal charges and fees, including partial payments under sections 22 and 62, shall be applied first to any interest due, then to collection charges, that have been added to the bills, unless the amount of the interest and charges taken together may be waived and the collector or other officer responsible for collecting the bills determines that the partial payment should be first applied to the underlying obligation.

Section 3E. Partial payments of bills for taxes, excises or municipal charges and fees, including partial payments under sections 22 and 62, shall be applied first to any interest due, then to collection charges, that have been added to the bills, unless the amount of the interest and charges taken together may be waived and the collector or other officer responsible for collecting the bills determines that the partial payment should be first applied to the underlying obligation.
Mass. Gen. Laws ch. 25A, sec. 15 — MA Code / Part I / Title II / Chapter 25A / Section 15
Contracts for photovoltaic projects costing less than one hundred thousand dollars.
Status: in_force

Section 15. (a) For solar photovoltaic projects with a total project cost that is less than $100,000, a state agency, building authority or local governmental body may acquire photovoltaic panels and associated equipment for onsite use of the energy generated by these panels from contracts procured by the operational services division under section 22 of chapter 7 and sections 51 and 52 of chapter 30. (b) For purposes of this section, ''total project cost'' shall mean all construction costs of a photovoltaic project, whether borne by the utility, agency, authority or body or other sources, including, without limitation, the costs associated with equipment purchase and installation of such equipment. Ancillary services provided at no cost, such as auditing and design, shall not be considered part of project cost. (c) Sections 44A to 44M, inclusive, of chapter 149 and section 39M of chapter 30 shall not apply to contracts entered into under this section.

Section 15. (a) For solar photovoltaic projects with a total project cost that is less than $100,000, a state agency, building authority or local governmental body may acquire photovoltaic panels and associated equipment for onsite use of the energy generated by these panels from contracts procured by the operational services division under section 22 of chapter 7 and sections 51 and 52 of chapter 30.

(b) For purposes of this section, ''total project cost'' shall mean all construction costs of a photovoltaic project, whether borne by the utility, agency, authority or body or other sources, including, without limitation, the costs associated with equipment purchase and installation of such equipment. Ancillary services provided at no cost, such as auditing and design, shall not be considered part of project cost.

(c) Sections 44A to 44M, inclusive, of chapter 149 and section 39M of chapter 30 shall not apply to contracts entered into under this section.
Mass. Gen. Laws ch. 41, sec. 97C — MA Code / Part I / Title VII / Chapter 41 / Section 97C
Special telephone exchange for reporting of rape
Status: in_force

Section 97C. Each rape reporting and prosecution unit shall, in addition to the services provided in section ninety-seven B, establish a special telephone exchange for the reporting of rape which may be utilized at any hour of day or night and shall widely publicize this number and information concerning the activities of the unit throughout the city or town.

Section 97C. Each rape reporting and prosecution unit shall, in addition to the services provided in section ninety-seven B, establish a special telephone exchange for the reporting of rape which may be utilized at any hour of day or night and shall widely publicize this number and information concerning the activities of the unit throughout the city or town.
Mass. Gen. Laws ch. 231B, sec. 4 — MA Code / Part III / Title II / Chapter 231B / Section 4
Release or covenant not to sue one or more tortfeasors; effect
Status: in_force

Section 4. When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury: ( a ) It shall not discharge any of the other tortfeasors from liability for the injury unless its terms so provide; but it shall reduce the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and ( b ) It shall discharge the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.

Section 4. When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury:

( a ) It shall not discharge any of the other tortfeasors from liability for the injury unless its terms so provide; but it shall reduce the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and

( b ) It shall discharge the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
Mass. Gen. Laws ch. 34, sec. 7 — MA Code / Part I / Title VI / Chapter 34 / Section 7
Commissioners acting by appointment; compensation; travel expenses
Status: in_force

Section 7. A person acting as commissioner by appointment under section twelve shall be paid by the county not less than five dollars for each day of actual service, not exceeding five hundred dollars in any year, and ten cents a mile for travel each way.

Section 7. A person acting as commissioner by appointment under section twelve shall be paid by the county not less than five dollars for each day of actual service, not exceeding five hundred dollars in any year, and ten cents a mile for travel each way.
Mass. Gen. Laws ch. 251, sec. 15 — MA Code / Part III / Title IV / Chapter 251 / Section 15
Applications to court
Status: in_force

Section 15. Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of an original writ of summons.

Section 15. Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of an original writ of summons.