FrankGoortani/open-us-law huggingface dataset:
Mass. Gen. Laws ch. 58A, sec. 5A — MA Code / Part I / Title IX / Chapter 58A / Section 5A
Appointment of employees; expenditures
Status: in_force

Section 5A. Subject to appropriation, the chairman shall appoint five attorneys and may appoint such other employees, including clerks, and make such other expenditures including computer training, as he deems necessary in order to execute efficiently the functions vested in said board. Any clerk or assistant clerk employed by the board as of July 1, 1996 shall hold office during good behavior, subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. A clerk or assistant clerk may be removed by the chairman, upon notice and hearing, for neglect of duty, inability to perform duties, or malfeasance in office, but for no other cause. All clerks or assistant clerks hired after July 1, 1996 shall be deemed employees at will. All expenditures of the board shall be allowed and paid out of moneys appropriated for the purpose of the board, upon presentation of itemized vouchers therefor, signed by the chairman or a person designated by the board for the purpose.

Section 5A. Subject to appropriation, the chairman shall appoint five attorneys and may appoint such other employees, including clerks, and make such other expenditures including computer training, as he deems necessary in order to execute efficiently the functions vested in said board.

Any clerk or assistant clerk employed by the board as of July 1, 1996 shall hold office during good behavior, subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. A clerk or assistant clerk may be removed by the chairman, upon notice and hearing, for neglect of duty, inability to perform duties, or malfeasance in office, but for no other cause. All clerks or assistant clerks hired after July 1, 1996 shall be deemed employees at will.

All expenditures of the board shall be allowed and paid out of moneys appropriated for the purpose of the board, upon presentation of itemized vouchers therefor, signed by the chairman or a person designated by the board for the purpose.
Mass. Gen. Laws ch. 111M, sec. 5 — MA Code / Part I / Title XVI / Chapter 111M / Section 5
Rules and regulations
Status: in_force

Section 5. The commissioner of revenue, in consultation with the board of the commonwealth health insurance connector, established by chapter 176Q, shall promulgate such rules and regulations, as necessary, to carry out this chapter.

Section 5. The commissioner of revenue, in consultation with the board of the commonwealth health insurance connector, established by chapter 176Q, shall promulgate such rules and regulations, as necessary, to carry out this chapter.
Mass. Gen. Laws ch. 110H, sec. 13 — MA Code / Part I / Title XV / Chapter 110H / Section 13
Injunctive relief
Status: in_force

Section 13. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.

Section 13. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.
Mass. Gen. Laws ch. 53, sec. 15 — MA Code / Part I / Title VIII / Chapter 53 / Section 15
Certificate of nomination to fill vacancy; contents; acceptance
Status: in_force

Section 15. When a nomination is made to fill a vacancy caused by the death, withdrawal or ineligibility of a candidate, the certificate of nomination shall, in addition to the other facts required, state the name of the original nominee, the fact of his death, withdrawal or ineligibility, and the proceedings had for filling the vacancy; and the presiding officer and secretary of the convention or caucus, or the chairman and secretary of an authorized committee, shall sign and make oath to the truth of the certificate, and it shall be accompanied by the written acceptance of the candidate nominated. Such certificate shall be filed with the state secretary in the case of state elections and with the city or town clerk in city or town elections.

Section 15. When a nomination is made to fill a vacancy caused by the death, withdrawal or ineligibility of a candidate, the certificate of nomination shall, in addition to the other facts required, state the name of the original nominee, the fact of his death, withdrawal or ineligibility, and the proceedings had for filling the vacancy; and the presiding officer and secretary of the convention or caucus, or the chairman and secretary of an authorized committee, shall sign and make oath to the truth of the certificate, and it shall be accompanied by the written acceptance of the candidate nominated. Such certificate shall be filed with the state secretary in the case of state elections and with the city or town clerk in city or town elections.
Mass. Gen. Laws ch. 1, sec. 1 — MA Code / Part I / Title I / Chapter 1 / Section 1
Citizens of commonwealth defined
Status: in_force

Section 1. All persons who are citizens of the United States and who are domiciled in this commonwealth are citizens thereof.

Section 1. All persons who are citizens of the United States and who are domiciled in this commonwealth are citizens thereof.
Mass. Gen. Laws ch. 46, sec. 1C — MA Code / Part I / Title VII / Chapter 46 / Section 1C
Filing reports of out-of-state deaths
Status: in_force

Section 1C. The spouse or heirs at law of any resident of this commonwealth who dies outside the commonwealth may personally present to the town clerk of the town where such person was domiciled at the time of his death an original certificate or other written evidence of the same, or a duly authenticated photostatic copy thereof. The town clerk may file such certificate, written evidence or photostatic copy as evidence establishing such death, or may make a copy thereof, which he shall attest as a true copy, and which he may then file as such evidence. If such certificate, written evidence or photostatic copy is not, in the opinion of the town clerk, sufficient to establish such death, and he refuses to file the same, a judge of probate in the county wherein such town lies may, on petition and after a hearing at which the clerk shall have an opportunity to be heard, order him to receive such certificate, written evidence or photostatic copy as sufficient evidence to establish such death, whereupon such clerk shall file the same.

Section 1C. The spouse or heirs at law of any resident of this commonwealth who dies outside the commonwealth may personally present to the town clerk of the town where such person was domiciled at the time of his death an original certificate or other written evidence of the same, or a duly authenticated photostatic copy thereof. The town clerk may file such certificate, written evidence or photostatic copy as evidence establishing such death, or may make a copy thereof, which he shall attest as a true copy, and which he may then file as such evidence.

If such certificate, written evidence or photostatic copy is not, in the opinion of the town clerk, sufficient to establish such death, and he refuses to file the same, a judge of probate in the county wherein such town lies may, on petition and after a hearing at which the clerk shall have an opportunity to be heard, order him to receive such certificate, written evidence or photostatic copy as sufficient evidence to establish such death, whereupon such clerk shall file the same.
Mass. Gen. Laws ch. 12A, sec. 10 — MA Code / Part I / Title II / Chapter 12A / Section 10
Reports to attorney general or United States attorney
Status: in_force

Section 10. In carrying out his duties and responsibilities, the inspector general shall report to the attorney general, the United States attorney, or both, whenever the inspector general has reasonable grounds to believe there has been violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings. When authorized by a majority vote of the inspector general council, the inspector general shall refer audit or investigative findings to the state ethics commission, or to any other federal, state or local agency, which has an interest in said findings. Any referrals made under this section shall not be made public.

Section 10. In carrying out his duties and responsibilities, the inspector general shall report to the attorney general, the United States attorney, or both, whenever the inspector general has reasonable grounds to believe there has been violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings.

When authorized by a majority vote of the inspector general council, the inspector general shall refer audit or investigative findings to the state ethics commission, or to any other federal, state or local agency, which has an interest in said findings.

Any referrals made under this section shall not be made public.
Mass. Gen. Laws ch. 231, sec. 31 — MA Code / Part III / Title II / Chapter 231 / Section 31
Equitable defenses
Status: in_force

Section 31. In the district courts, the defendant may allege in defense any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action.

Section 31. In the district courts, the defendant may allege in defense any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action.
Mass. Gen. Laws ch. 233, sec. 37 — MA Code / Part III / Title II / Chapter 233 / Section 37
Use of deposition in second action
Status: in_force

Section 37. If a plaintiff discontinues his action or becomes nonsuit, and another action is afterward commenced for the same cause between the same parties or their respective representatives, depositions lawfully taken for the first action may be used in the second in the same manner and subject to the same conditions and objections as if originally taken for the second action, if the deposition was duly filed in the court in which the first action was pending and has remained in the custody of the court from the termination of the first action until the commencement of the second.

Section 37. If a plaintiff discontinues his action or becomes nonsuit, and another action is afterward commenced for the same cause between the same parties or their respective representatives, depositions lawfully taken for the first action may be used in the second in the same manner and subject to the same conditions and objections as if originally taken for the second action, if the deposition was duly filed in the court in which the first action was pending and has remained in the custody of the court from the termination of the first action until the commencement of the second.
Mass. Gen. Laws ch. 62D, sec. 6 — MA Code / Part I / Title IX / Chapter 62D / Section 6
Hearing on disputed claims
Status: in_force

Section 6. If the claimant agency receives a written application from the debtor or nondebtor spouse contesting the claim upon which the proposed set-off is based, an administrative hearing shall be held by the claimant agency pursuant to the provisions of chapter thirty A; provided, however, that if the IV–D agency is the claimant agency, an administrative review shall be conducted in accordance with the provisions of section seventeen of chapter one hundred and nineteen A. The purpose of said hearing or administrative review shall be to determine whether the claim is valid and if so, whether the claimed sum asserted as due and owing is correct. No issue previously litigated by the parties in a court of competent jurisdiction and upon which a final decision on the merits has been rendered shall be considered at the hearing or administrative review. If the amount due is incorrect, a proper adjustment shall be made. Where a nondebtor spouse is contesting the portion of the refund attributable to his income, the nondebtor spouse shall have the burden of proving what portion of a refund transferred to a claimant agency, if any, is attributable to his income.

Section 6. If the claimant agency receives a written application from the debtor or nondebtor spouse contesting the claim upon which the proposed set-off is based, an administrative hearing shall be held by the claimant agency pursuant to the provisions of chapter thirty A; provided, however, that if the IV–D agency is the claimant agency, an administrative review shall be conducted in accordance with the provisions of section seventeen of chapter one hundred and nineteen A. The purpose of said hearing or administrative review shall be to determine whether the claim is valid and if so, whether the claimed sum asserted as due and owing is correct. No issue previously litigated by the parties in a court of competent jurisdiction and upon which a final decision on the merits has been rendered shall be considered at the hearing or administrative review. If the amount due is incorrect, a proper adjustment shall be made. Where a nondebtor spouse is contesting the portion of the refund attributable to his income, the nondebtor spouse shall have the burden of proving what portion of a refund transferred to a claimant agency, if any, is attributable to his income.
Mass. Gen. Laws ch. 32, sec. 81B — MA Code / Part I / Title IV / Chapter 32 / Section 81B
Amount of pensions under Sec. 81A
Status: in_force

Section 81B. Any permanent member of a fire department retired under the provisions of subdivision (a) of section eighty-one A shall receive an annual pension equal to seventy-two per cent of the highest annual rate of compensation or salary received by him while holding the grade held by him at the time of his retirement. The pension of any call fireman or substitute call fireman retired under the provisions of said paragraph (a) shall be the same as that of a permanent member of the first grade of the same department in which he served, or, if there be no grades, his compensation shall be that of a permanent member of the department performing duties like those which he performed. Any permanent member of a fire department retired under the provisions of subdivision (b), (c) or (d) of said section eighty-one A shall receive an annual pension equal to sixty per cent of the highest annual rate of compensation received by him while holding the grade held by him at the time of his retirement if he has completed twenty years of service, and an additional amount equal to one per cent of said annual compensation for each year of service after the first twenty; provided, that the total amount of such pension shall in no case exceed seventy-two per cent of said annual compensation.

Section 81B. Any permanent member of a fire department retired under the provisions of subdivision (a) of section eighty-one A shall receive an annual pension equal to seventy-two per cent of the highest annual rate of compensation or salary received by him while holding the grade held by him at the time of his retirement. The pension of any call fireman or substitute call fireman retired under the provisions of said paragraph (a) shall be the same as that of a permanent member of the first grade of the same department in which he served, or, if there be no grades, his compensation shall be that of a permanent member of the department performing duties like those which he performed.

Any permanent member of a fire department retired under the provisions of subdivision (b), (c) or (d) of said section eighty-one A shall receive an annual pension equal to sixty per cent of the highest annual rate of compensation received by him while holding the grade held by him at the time of his retirement if he has completed twenty years of service, and an additional amount equal to one per cent of said annual compensation for each year of service after the first twenty; provided, that the total amount of such pension shall in no case exceed seventy-two per cent of said annual compensation.
Mass. Gen. Laws ch. 32, sec. 58 — MA Code / Part I / Title IV / Chapter 32 / Section 58
Retirement of veteran after thirty years' service
Status: in_force

Section 58. A veteran who has been in the service of the commonwealth, or of any county, city, town or district or any housing authority or any redevelopment authority, for a total period of thirty years in the aggregate, shall, at his own request, with the approval of the retiring authority, be retired from active service at seventy-two per cent of the highest annual rate of compensation, including any bonuses paid in lieu of additional salary or as a temporary wage increase in addition to his regular compensation, and including any maintenance allowance, payable to him while he was holding the grade held by him at his retirement, and payable from the same source.

Section 58. A veteran who has been in the service of the commonwealth, or of any county, city, town or district or any housing authority or any redevelopment authority, for a total period of thirty years in the aggregate, shall, at his own request, with the approval of the retiring authority, be retired from active service at seventy-two per cent of the highest annual rate of compensation, including any bonuses paid in lieu of additional salary or as a temporary wage increase in addition to his regular compensation, and including any maintenance allowance, payable to him while he was holding the grade held by him at his retirement, and payable from the same source.
Mass. Gen. Laws ch. 183, sec. 53 — MA Code / Part II / Title I / Chapter 183 / Section 53
Effect of deed, bond or other instrument made in defeasance
Status: in_force

Section 53. If a deed purports to contain an absolute conveyance of land, but is made defeasible by a deed, bond or other instrument, the original deed shall not be thereby affected, as against any person other than the maker of the instrument of defeasance and his heirs and devisees and persons having actual notice of it, unless such instrument is recorded in the registry of deeds for the county or district where the land to which it relates is situated.

Section 53. If a deed purports to contain an absolute conveyance of land, but is made defeasible by a deed, bond or other instrument, the original deed shall not be thereby affected, as against any person other than the maker of the instrument of defeasance and his heirs and devisees and persons having actual notice of it, unless such instrument is recorded in the registry of deeds for the county or district where the land to which it relates is situated.
Mass. Gen. Laws ch. 278, sec. 16 — MA Code / Part IV / Title II / Chapter 278 / Section 16
Assignment of counsel for inmates of institutions for reformation of juvenile offenders
Status: in_force

Section 16. The court may assign counsel to an inmate of any institution for the reformation of juvenile offenders who is to be tried for an offence alleged to have been committed therein; and shall, upon application, order the superintendent or other officer of such institution to produce at the trial such inmates thereof as, in the opinion of the counsel for the defence, certified in writing, or of the judge, in the absence of counsel, are material witnesses for the defence; and such officer shall obey the order and provide for the custody and safe return of such inmates.

Section 16. The court may assign counsel to an inmate of any institution for the reformation of juvenile offenders who is to be tried for an offence alleged to have been committed therein; and shall, upon application, order the superintendent or other officer of such institution to produce at the trial such inmates thereof as, in the opinion of the counsel for the defence, certified in writing, or of the judge, in the absence of counsel, are material witnesses for the defence; and such officer shall obey the order and provide for the custody and safe return of such inmates.
Mass. Gen. Laws ch. 94C, sec. 32D — MA Code / Part I / Title XV / Chapter 94C / Section 32D
Class E controlled substances; unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, etc.
Status: in_force

Section 32D. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class E of section thirty-one shall be imprisoned in a jail or house of correction for not more than nine months, or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, or both such fine and imprisonment. (b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section thirty-one under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in a jail or house of correction for not more than one and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.

Section 32D. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class E of section thirty-one shall be imprisoned in a jail or house of correction for not more than nine months, or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, or both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section thirty-one under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in a jail or house of correction for not more than one and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.
Mass. Gen. Laws ch. 138, sec. 46 — MA Code / Part I / Title XX / Chapter 138 / Section 46
Searches and seizures without warrant
Status: in_force

Section 46. A sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy or assistant marshal, police officer, including a state police officer, or constable who, without a search warrant duly committed to him, searches for or seizes alcoholic beverages in a dwelling shall be punished by a fine of not less than five nor more than one hundred dollars.

Section 46. A sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy or assistant marshal, police officer, including a state police officer, or constable who, without a search warrant duly committed to him, searches for or seizes alcoholic beverages in a dwelling shall be punished by a fine of not less than five nor more than one hundred dollars.