FrankGoortani/open-us-law huggingface dataset:
Mass. Gen. Laws ch. 228, sec. 5A — MA Code / Part III / Title II / Chapter 228 / Section 5A
Commencement of action for order to executor or administrator to appear and defend notwithstanding failure to take out citation within time limit of preceding section; further orders for determination on merits
Status: in_force

Section 5A. The plaintiff in a personal action which is not governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure the cause of which survives and who had a right to take out a citation against the executor or administrator of a sole defendant but who did not do so within the time limited in the preceding section may commence a civil action in the supreme judicial or superior court for an order to such executor or administrator to appear in that action and defend the same. The court shall grant such relief if it finds that justice and equity so require and that the plaintiff is not chargeable with excusable neglect. To effectuate such order the supreme judicial or superior court may further order that any finding, order, judgment or other act therein entered or done, which otherwise would prevent the prosecution of the cause to determination on its merits, be vacated, and upon the filing therein of a copy of the judgment ordering the vacation thereof such finding, order, judgment or other act shall stand vacated, and it may make further orders, all so that said action may proceed to final determination on its merits as though such executor or administrator had been cited in within the time limited by the preceding section.

Section 5A. The plaintiff in a personal action which is not governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure the cause of which survives and who had a right to take out a citation against the executor or administrator of a sole defendant but who did not do so within the time limited in the preceding section may commence a civil action in the supreme judicial or superior court for an order to such executor or administrator to appear in that action and defend the same. The court shall grant such relief if it finds that justice and equity so require and that the plaintiff is not chargeable with excusable neglect.

To effectuate such order the supreme judicial or superior court may further order that any finding, order, judgment or other act therein entered or done, which otherwise would prevent the prosecution of the cause to determination on its merits, be vacated, and upon the filing therein of a copy of the judgment ordering the vacation thereof such finding, order, judgment or other act shall stand vacated, and it may make further orders, all so that said action may proceed to final determination on its merits as though such executor or administrator had been cited in within the time limited by the preceding section.
Mass. Gen. Laws ch. 253, sec. 48B — MA Code / Part III / Title IV / Chapter 253 / Section 48B
Liability of owner
Status: in_force

Section 48B. The owner of a dam shall be responsible for liability for damage to property of others or injury to persons, including but not limited to loss of life, resulting from the operation, failure of or misoperation of a dam. The provisions of sections 44 to 48, inclusive, shall not relieve from or lessen the responsibility of any person owning, or operating a dam from any damages to persons or property caused by dam defects, nor shall the commissioner be held liable by reason of the inspections required or permits issued.

Section 48B. The owner of a dam shall be responsible for liability for damage to property of others or injury to persons, including but not limited to loss of life, resulting from the operation, failure of or misoperation of a dam. The provisions of sections 44 to 48, inclusive, shall not relieve from or lessen the responsibility of any person owning, or operating a dam from any damages to persons or property caused by dam defects, nor shall the commissioner be held liable by reason of the inspections required or permits issued.
Mass. Gen. Laws ch. 90, sec. 20C — MA Code / Part I / Title XIV / Chapter 90 / Section 20C
Nature of proceedings under Secs. 20A and 20A1/2; fines
Status: in_force

Section 20C. Proceedings under sections twenty A or twenty A1/2 of this chapter shall not be deemed criminal. Whenever there are outstanding against the registered owner of a motor vehicle more than five unpaid parking violations issued by a city or town, said owner or city or town may apply to the clerk of the division of the district or municipal court having jurisdiction to have the matter of these alleged violations treated criminally, and the district or municipal court shall take jurisdiction of the matter. The matter shall thereafter be deemed criminal and the procedures established for criminal cases be followed, provided, however, that the provisions of the second and third paragraphs of section thirty-five A of chapter two hundred and eighteen shall not apply to such cases. Any such fine imposed by the court shall not exceed double the maximum fine provided for in any city or town. Said fine imposed by the court shall be paid back to the said cities or towns where the violation occurred.

Section 20C. Proceedings under sections twenty A or twenty A1/2 of this chapter shall not be deemed criminal. Whenever there are outstanding against the registered owner of a motor vehicle more than five unpaid parking violations issued by a city or town, said owner or city or town may apply to the clerk of the division of the district or municipal court having jurisdiction to have the matter of these alleged violations treated criminally, and the district or municipal court shall take jurisdiction of the matter. The matter shall thereafter be deemed criminal and the procedures established for criminal cases be followed, provided, however, that the provisions of the second and third paragraphs of section thirty-five A of chapter two hundred and eighteen shall not apply to such cases. Any such fine imposed by the court shall not exceed double the maximum fine provided for in any city or town. Said fine imposed by the court shall be paid back to the said cities or towns where the violation occurred.
Mass. Gen. Laws ch. 111, sec. 169 — MA Code / Part I / Title XVI / Chapter 111 / Section 169
Injunction against pollution of water supply
Status: in_force

Section 169. The supreme judicial or superior court, upon application of the mayor of a city, the selectmen of a town, the managing board or officer of a public institution, or a water or ice company which is interested, may enjoin the violation of section one hundred and sixty-seven.

Section 169. The supreme judicial or superior court, upon application of the mayor of a city, the selectmen of a town, the managing board or officer of a public institution, or a water or ice company which is interested, may enjoin the violation of section one hundred and sixty-seven.
Mass. Gen. Laws ch. 118E, sec. 87 — MA Code / Part I / Title XVII / Chapter 118E / Section 87
Payment to state agencies for claims related to Medicaid
Status: in_force

[ Text of section added by 2025, 14, Sec. 44 effective August 5, 2025.] Section 87. Notwithstanding any general or special law to the contrary, the executive office may directly pay other state agencies, including county correctional facilities and department of correction facilities operated by such state agencies, for any claims related to Medicaid, under the provisions of Title XIX of the Social Security Act, the children's health insurance program, under the provisions of Title XXI of the Social Security Act, the health safety net, under the provisions of sections 64 through 69, the children's medical security plan, under the provisions of section 10F, and other similar healthcare programs; provided, that such state agencies meet all applicable conditions of participation in these programs, as determined by the executive office in its sole discretion.

[ Text of section added by 2025, 14, Sec. 44 effective August 5, 2025.]

Section 87. Notwithstanding any general or special law to the contrary, the executive office may directly pay other state agencies, including county correctional facilities and department of correction facilities operated by such state agencies, for any claims related to Medicaid, under the provisions of Title XIX of the Social Security Act, the children's health insurance program, under the provisions of Title XXI of the Social Security Act, the health safety net, under the provisions of sections 64 through 69, the children's medical security plan, under the provisions of section 10F, and other similar healthcare programs; provided, that such state agencies meet all applicable conditions of participation in these programs, as determined by the executive office in its sole discretion.
Mass. Gen. Laws ch. 108A, sec. 43 — MA Code / Part I / Title XV / Chapter 108A / Section 43
Right to an account
Status: in_force

Section 43. The right to an account of his interest shall accrue to any partner, or his legal representative, as against the winding up partners or the surviving partners or the person or partnership continuing the business, at the date of dissolution, in the absence of any agreement to the contrary.

Section 43. The right to an account of his interest shall accrue to any partner, or his legal representative, as against the winding up partners or the surviving partners or the person or partnership continuing the business, at the date of dissolution, in the absence of any agreement to the contrary.
Mass. Gen. Laws ch. 175E, sec. 12 — MA Code / Part I / Title XXII / Chapter 175E / Section 12
Violations; penalties
Status: in_force

Section 12. Any insurer, rating organization or person that violates any provision of this chapter shall be punished by a fine of not more than ten thousand dollars for each offense or by imprisonment for not more than one year, or by both; or shall be subject to a civil penalty not to exceed one thousand dollars for each such offense which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. The issuance, procurement or negotiation of a single policy of insurance shall be deemed a separate offense.

Section 12. Any insurer, rating organization or person that violates any provision of this chapter shall be punished by a fine of not more than ten thousand dollars for each offense or by imprisonment for not more than one year, or by both; or shall be subject to a civil penalty not to exceed one thousand dollars for each such offense which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. The issuance, procurement or negotiation of a single policy of insurance shall be deemed a separate offense.
Mass. Gen. Laws ch. 204, sec. 2 — MA Code / Part II / Title II / Chapter 204 / Section 2
Consent of a deceased person; power of court to decree conveyance
Status: in_force

Section 2. If, under a will, the sale of real estate by a trustee, executor or administrator with the will annexed is dependent upon the consent of a person who has deceased, the probate court having jurisdiction of the settlement of the estate may, in its discretion, and if all parties interested assent, authorize the sale and conveyance of such real estate in like manner as if no such consent had been required.

Section 2. If, under a will, the sale of real estate by a trustee, executor or administrator with the will annexed is dependent upon the consent of a person who has deceased, the probate court having jurisdiction of the settlement of the estate may, in its discretion, and if all parties interested assent, authorize the sale and conveyance of such real estate in like manner as if no such consent had been required.
Mass. Gen. Laws ch. 182, sec. 8 — MA Code / Part I / Title XXII / Chapter 182 / Section 8
Investigation or examination of businesses under same ownership, control or management as certain public utilities; access to information
Status: in_force

Section 8. The department may by its members or duly authorized employees investigate and examine the books, accounts, contracts, records and memoranda of any partnership, express trust, voluntary association or corporation which is under the same ownership, control or management as a railroad, street railway, electric railroad or elevated railway corporation, gas, electric or water company, or company engaged in the common carriage of passengers by motor vehicle, in respect of the relations and of any contracts and dealings between such railroad, street railway, electric railroad or elevated railway corporation, gas, electric or water company, or company engaged in the common carriage of passengers by motor vehicle and such partnership, express trust, voluntary association or corporation, and in relation thereto may require from such partnership, express trust, voluntary association or corporation such reports and information as the department shall from time to time direct.

Section 8. The department may by its members or duly authorized employees investigate and examine the books, accounts, contracts, records and memoranda of any partnership, express trust, voluntary association or corporation which is under the same ownership, control or management as a railroad, street railway, electric railroad or elevated railway corporation, gas, electric or water company, or company engaged in the common carriage of passengers by motor vehicle, in respect of the relations and of any contracts and dealings between such railroad, street railway, electric railroad or elevated railway corporation, gas, electric or water company, or company engaged in the common carriage of passengers by motor vehicle and such partnership, express trust, voluntary association or corporation, and in relation thereto may require from such partnership, express trust, voluntary association or corporation such reports and information as the department shall from time to time direct.
Mass. Gen. Laws ch. 92B, sec. 3 — MA Code / Part I / Title XIV / Chapter 92B / Section 3
President and chief executive officer; powers
Status: in_force

Section 3. The board shall select a qualified individual to act as president and chief executive officer. The president shall present to the board for its approval an annual budget, a staffing plan, and an operating plan. The president shall, subject to the approval of the board, supervise the employees of the corporation and of the zoos, and shall have the power to hire and terminate.

Section 3. The board shall select a qualified individual to act as president and chief executive officer. The president shall present to the board for its approval an annual budget, a staffing plan, and an operating plan. The president shall, subject to the approval of the board, supervise the employees of the corporation and of the zoos, and shall have the power to hire and terminate.
Mass. Gen. Laws ch. 21F, sec. 6 — MA Code / Part I / Title II / Chapter 21F / Section 6
Findings required in application
Status: in_force

Section 6. In making applications for assistance under this chapter, the city or town shall follow the rules and procedures developed by the secretary of environmental affairs to implement this chapter which shall include, but not be limited to the following findings: (a) the proposed improvement will serve the public interest and is consistent with community wide needs and priorities; (b) the project will have a significant economic impact on the fishing, marine, commercial or industrial, recreation or tourist industry or provide significant public benefits; (c) there is a clear need for the improvement; (d) the improvement is consistent with the guidelines set by the executive office of environmental affairs and that all required local, state and federal permits, approvals and licenses, have been sought or obtained in the case of an improvement requiring such; (e) the funds required to complete the total improvement are or will be secured; (f) the application for assistance has been approved by the mayor in the case of a city, the town manager in a town having a town counsel form of government and the board of selectmen in any other town; (g) funds shall not be used for dredging projects.

Section 6. In making applications for assistance under this chapter, the city or town shall follow the rules and procedures developed by the secretary of environmental affairs to implement this chapter which shall include, but not be limited to the following findings:

(a) the proposed improvement will serve the public interest and is consistent with community wide needs and priorities;

(b) the project will have a significant economic impact on the fishing, marine, commercial or industrial, recreation or tourist industry or provide significant public benefits;

(c) there is a clear need for the improvement;

(d) the improvement is consistent with the guidelines set by the executive office of environmental affairs and that all required local, state and federal permits, approvals and licenses, have been sought or obtained in the case of an improvement requiring such;

(e) the funds required to complete the total improvement are or will be secured;

(f) the application for assistance has been approved by the mayor in the case of a city, the town manager in a town having a town counsel form of government and the board of selectmen in any other town;

(g) funds shall not be used for dredging projects.
Mass. Gen. Laws ch. 268A, sec. 8A — MA Code / Part IV / Title I / Chapter 268A / Section 8A
Members of state commissions or boards; prohibited appointments to other positions
Status: in_force

Section 8A. No member of a state commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.

Section 8A. No member of a state commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.
Mass. Gen. Laws ch. 223, sec. 44A — MA Code / Part III / Title II / Chapter 223 / Section 44A
Motor vehicles; conditions precedent
Status: in_force

Section 44A. Motor vehicles registered under the law of this commonwealth and not exempt from execution under clause Sixteenth of section thirty-four of chapter two hundred and thirty-five shall not be attached by writ of attachment in a civil action based upon a contract unless written consent to such attachment is endorsed on the writ and signed by a justice, associate justice or special justice of the court wherein such action is commenced. Costs in any action in which such a motor vehicle has been attached shall be in the discretion of the court.

Section 44A. Motor vehicles registered under the law of this commonwealth and not exempt from execution under clause Sixteenth of section thirty-four of chapter two hundred and thirty-five shall not be attached by writ of attachment in a civil action based upon a contract unless written consent to such attachment is endorsed on the writ and signed by a justice, associate justice or special justice of the court wherein such action is commenced. Costs in any action in which such a motor vehicle has been attached shall be in the discretion of the court.
Mass. Gen. Laws ch. 4, sec. 1 — MA Code / Part I / Title I / Chapter 4 / Section 1
Effective date of statutes
Status: in_force

Section 1. A statute enacted by the general court which may be made the subject of a referendum petition and which is declared therein to be an emergency law, unless otherwise expressly provided therein, shall take effect as soon as it has the force of a law conformably to the constitution. A statute so enacted which may not be made the subject of such a petition and for which a different time of taking effect is not therein expressly provided shall take effect as soon as it has the force of a law as aforesaid if it is declared therein to be an emergency law, otherwise on the thirtieth day next after the earliest day on which it has the force of a law as aforesaid; provided, that a statute so enacted which may not be made the subject of such a petition and which is to take effect upon its acceptance by a municipal or other corporation or by any board or officer thereof, unless otherwise expressly provided therein, shall, for the purpose of such acceptance only, take effect as soon as it has the force of a law as aforesaid.

Section 1. A statute enacted by the general court which may be made the subject of a referendum petition and which is declared therein to be an emergency law, unless otherwise expressly provided therein, shall take effect as soon as it has the force of a law conformably to the constitution. A statute so enacted which may not be made the subject of such a petition and for which a different time of taking effect is not therein expressly provided shall take effect as soon as it has the force of a law as aforesaid if it is declared therein to be an emergency law, otherwise on the thirtieth day next after the earliest day on which it has the force of a law as aforesaid; provided, that a statute so enacted which may not be made the subject of such a petition and which is to take effect upon its acceptance by a municipal or other corporation or by any board or officer thereof, unless otherwise expressly provided therein, shall, for the purpose of such acceptance only, take effect as soon as it has the force of a law as aforesaid.
Mass. Gen. Laws ch. 236, sec. 46 — MA Code / Part III / Title II / Chapter 236 / Section 46
Lands, etc., in different counties
Status: in_force

Section 46. A levy upon lands in different counties or upon rights of redemption in such lands, under the same execution, may be made by an officer of any of such counties.

Section 46. A levy upon lands in different counties or upon rights of redemption in such lands, under the same execution, may be made by an officer of any of such counties.