FrankGoortani/open-us-law huggingface dataset:
Mass. Gen. Laws ch. 111, sec. 127N — MA Code / Part I / Title XVI / Chapter 111 / Section 127N
Actions by tenants against owners of residential premises; joinder of certain other persons as parties; liability; exception
Status: in_force

Section 127N. In actions brought under this chapter against owners of residential premises a tenant may, prior to a hearing on the merits, move to join the following persons as parties: any individual, trust or corporation, partnership, association or other person who, acting alone or with another, has the authority to decide whether to rehabilitate, or sell or otherwise dispose of the premises, with or without record title or recorded interest. Such person shall not be joined, however, if its decision-making authority is derived solely from its position as a fiduciary if such person has never personally had any financial or possessory interest in the premises. If the court finds that the owner may be unable for financial reasons or otherwise to perform any act or pay any liability that may be ordered if judgment is entered for the tenant, the court shall allow the motion joining any such person. The owner and any person so joined shall be jointly and severally liable for taking any action or paying any damages ordered by the court; provided, however, that the provisions of this section regarding the liability of persons other than owners shall not apply to two and three family owner-occupied residential premises.

Section 127N. In actions brought under this chapter against owners of residential premises a tenant may, prior to a hearing on the merits, move to join the following persons as parties: any individual, trust or corporation, partnership, association or other person who, acting alone or with another, has the authority to decide whether to rehabilitate, or sell or otherwise dispose of the premises, with or without record title or recorded interest. Such person shall not be joined, however, if its decision-making authority is derived solely from its position as a fiduciary if such person has never personally had any financial or possessory interest in the premises.

If the court finds that the owner may be unable for financial reasons or otherwise to perform any act or pay any liability that may be ordered if judgment is entered for the tenant, the court shall allow the motion joining any such person. The owner and any person so joined shall be jointly and severally liable for taking any action or paying any damages ordered by the court; provided, however, that the provisions of this section regarding the liability of persons other than owners shall not apply to two and three family owner-occupied residential premises.
Mass. Gen. Laws ch. 204, sec. 24 — MA Code / Part II / Title II / Chapter 204 / Section 24
Doubtful acts or proceedings of fiduciaries or court; ratification
Status: in_force

Section 24. If the authority or validity of an act or proceeding of the probate court or of a person acting as executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee is drawn in question by reason of an alleged irregularity, defective notice or want of authority, any party interested in or affected by such act or proceeding may apply to the probate court having jurisdiction of the subject matter relative to which the act or proceeding has been had, and the court, after notice to all parties interested, and to the persons who may be the parents of such parties not in being, with power to appoint a guardian or next friend to represent the interests of any person unborn or unascertained, may hear and determine the matter and confirm the act or proceeding, in whole or in part, and may authorize and empower the executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee, or any successor or other person who may be legally appointed to act in the same capacity, to ratify and confirm such act or proceeding and to execute and deliver such deeds, releases, conveyances and other instruments as may be found necessary therefor; but no act or proceeding shall be ratified or confirmed which the court might not have passed or authorized in the first instance upon due proceedings.

Section 24. If the authority or validity of an act or proceeding of the probate court or of a person acting as executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee is drawn in question by reason of an alleged irregularity, defective notice or want of authority, any party interested in or affected by such act or proceeding may apply to the probate court having jurisdiction of the subject matter relative to which the act or proceeding has been had, and the court, after notice to all parties interested, and to the persons who may be the parents of such parties not in being, with power to appoint a guardian or next friend to represent the interests of any person unborn or unascertained, may hear and determine the matter and confirm the act or proceeding, in whole or in part, and may authorize and empower the executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee, or any successor or other person who may be legally appointed to act in the same capacity, to ratify and confirm such act or proceeding and to execute and deliver such deeds, releases, conveyances and other instruments as may be found necessary therefor; but no act or proceeding shall be ratified or confirmed which the court might not have passed or authorized in the first instance upon due proceedings.
Mass. Gen. Laws ch. 176F, sec. 13 — MA Code / Part I / Title XXII / Chapter 176F / Section 13
Enjoining transaction of business; grounds; receivers
Status: in_force

Section 13. If the commissioner is satisfied, as to any optometric service corporation, that (1) it has failed to comply with the provisions of its charter, or (2) it is being operated for profit, or (3) it is fraudulently conducted, or (4) its condition is such as to render its further transaction of business hazardous to the public or to its subscribers, or (5) its officers and agents have refused to submit to an examination under section nine, or (6) it has exceeded its powers, or (7) it has violated any provision of law, or (8) it has compromised, or is attempting to compromise, with its creditors on the ground that it is financially unable to pay its claims in full, or (9) it is insolvent, he may apply to the supreme judicial court for an injunction restraining it from further proceeding with its business. The court may forthwith issue a temporary injunction restraining the transaction of any business, and it may after a full hearing, make the injunction permanent, and appoint one or more receivers to take possession of the books, papers, moneys and other assets of the corporation, settle its affairs, and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe.

Section 13. If the commissioner is satisfied, as to any optometric service corporation, that (1) it has failed to comply with the provisions of its charter, or (2) it is being operated for profit, or (3) it is fraudulently conducted, or (4) its condition is such as to render its further transaction of business hazardous to the public or to its subscribers, or (5) its officers and agents have refused to submit to an examination under section nine, or (6) it has exceeded its powers, or (7) it has violated any provision of law, or (8) it has compromised, or is attempting to compromise, with its creditors on the ground that it is financially unable to pay its claims in full, or (9) it is insolvent, he may apply to the supreme judicial court for an injunction restraining it from further proceeding with its business. The court may forthwith issue a temporary injunction restraining the transaction of any business, and it may after a full hearing, make the injunction permanent, and appoint one or more receivers to take possession of the books, papers, moneys and other assets of the corporation, settle its affairs, and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe.
Mass. Gen. Laws ch. 149A, sec. 10 — MA Code / Part I / Title XXI / Chapter 149A / Section 10
Applicability of other laws
Status: in_force

Section 10. Sections 26, 27, 27A, 27B, 27C, 27D, 29, 29C, and 34A of chapter 149, and sections 39F, 39J, 39K, 39N, 39O, 39P and 39R of chapter 30 shall apply to all building projects using the construction management at risk delivery method as provided in this chapter.

Section 10. Sections 26, 27, 27A, 27B, 27C, 27D, 29, 29C, and 34A of chapter 149, and sections 39F, 39J, 39K, 39N, 39O, 39P and 39R of chapter 30 shall apply to all building projects using the construction management at risk delivery method as provided in this chapter.
Mass. Gen. Laws ch. 119A, sec. 7 — MA Code / Part I / Title XVII / Chapter 119A / Section 7
Entry of support order in other jurisdiction
Status: in_force

Section 7. (a) If the IV–D agency is providing services to an obligee or to an obligor, it may enforce an income withholding order or a qualified domestic relations order pursuant to the Employee Retirement Income Security Act, 29 USC 1056, by sending notice of the withholding or qualified domestic relations order to the child support enforcement agency of the jurisdiction in which the obligor derives income, or directly to the obligor's employer or other source of income in that jurisdiction. The notice may be transmitted by any method including, but not limited to, paper, facsimile, magnetic tape or other electronic means. The notice shall be accompanied by a certification by the IV–D agency that the information contained in the notice accurately reflects its records. (b) Upon receiving notice of a subsequent modification, the IV–D agency shall send notice of the order as modified to the child support enforcement agency of the jurisdiction in which the obligor derives income, or to the obligor's employer or other source of income.

Section 7. (a) If the IV–D agency is providing services to an obligee or to an obligor, it may enforce an income withholding order or a qualified domestic relations order pursuant to the Employee Retirement Income Security Act, 29 USC 1056, by sending notice of the withholding or qualified domestic relations order to the child support enforcement agency of the jurisdiction in which the obligor derives income, or directly to the obligor's employer or other source of income in that jurisdiction. The notice may be transmitted by any method including, but not limited to, paper, facsimile, magnetic tape or other electronic means. The notice shall be accompanied by a certification by the IV–D agency that the information contained in the notice accurately reflects its records.

(b) Upon receiving notice of a subsequent modification, the IV–D agency shall send notice of the order as modified to the child support enforcement agency of the jurisdiction in which the obligor derives income, or to the obligor's employer or other source of income.
Mass. Gen. Laws ch. 128, sec. 105 — MA Code / Part I / Title XIX / Chapter 128 / Section 105
Marketing orders; issuance; notice and hearing; amendment or termination of orders
Status: in_force

Section 105. The commissioner may make and issue marketing orders, after due notice and opportunity for hearing, subject to (1) approval of not less than sixty-five per cent of the producers participating in a referendum vote, and having marketed not less than fifty-one per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum, or (2) approval of not less than fifty-one per cent of the producers participating in a referendum vote, and having marketed not less than sixty-five per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum. The commissioner may, and upon written petition duly signed by at least twenty-five per cent of the affected producers shall amend or terminate such order after due notice and opportunity for hearing, but subject to the approval of at least fifty-one per cent of such producers participating in a referendum vote.

Section 105. The commissioner may make and issue marketing orders, after due notice and opportunity for hearing, subject to

(1) approval of not less than sixty-five per cent of the producers participating in a referendum vote, and having marketed not less than fifty-one per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum, or

(2) approval of not less than fifty-one per cent of the producers participating in a referendum vote, and having marketed not less than sixty-five per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum.

The commissioner may, and upon written petition duly signed by at least twenty-five per cent of the affected producers shall amend or terminate such order after due notice and opportunity for hearing, but subject to the approval of at least fifty-one per cent of such producers participating in a referendum vote.
Mass. Gen. Laws ch. 246, sec. 33 — MA Code / Part III / Title IV / Chapter 246 / Section 33
Claims by third persons
Status: in_force

Section 33. If a person claiming, by assignment from the defendant or otherwise, goods, effects or credits in the hands of a supposed trustee enters an appearance, he shall be admitted as a party in order to determine his title to such goods, effects or credits, and may allege and prove any facts which have not been stated or denied by the supposed trustee. Such allegations shall be tried and determined as provided in section seventeen upon depositions or oral testimony as the court orders. If he does not voluntarily enter an appearance, the court may issue an order of notice to him.

Section 33. If a person claiming, by assignment from the defendant or otherwise, goods, effects or credits in the hands of a supposed trustee enters an appearance, he shall be admitted as a party in order to determine his title to such goods, effects or credits, and may allege and prove any facts which have not been stated or denied by the supposed trustee. Such allegations shall be tried and determined as provided in section seventeen upon depositions or oral testimony as the court orders. If he does not voluntarily enter an appearance, the court may issue an order of notice to him.
Mass. Gen. Laws ch. 6A, sec. 18J — MA Code / Part I / Title II / Chapter 6A / Section 18J
Multi-line telephone system required to provide enhanced 911 service; exemptions
Status: in_force

Section 18J. Beginning July 1, 2009, any new or substantially renovated multi-line telephone system shall provide the same level of enhanced 911 service that is provided to others in the commonwealth. The department shall adopt regulations to implement this requirement. In such regulations the department may exempt certain multi-line telephone systems from this requirement based on such factors as costs and the public benefits of compliance, except that accessibility of such a system to people with disabilities may only be waived if the proponent of the waiver has shown it to be technologically infeasible or of excessive cost without benefit to the disability community. For the purposes of this section, a ''multi-line telephone system'' shall mean a system comprised of common control units, telephones and control hardware and software providing local telephone service to multiple end-use customers in businesses, apartments, townhouses, condominiums, schools, dormitories, hotels, motels, resorts, extended care facilities, or similar entities, facilities or structures. ''Multi-line telephone system'' shall include: (1) network and premises based systems such as centrex, pbx and hybrid key telephone systems; and (2) systems owned or leased by governmental agencies, nonprofit entities and for-profit businesses.

Section 18J. Beginning July 1, 2009, any new or substantially renovated multi-line telephone system shall provide the same level of enhanced 911 service that is provided to others in the commonwealth. The department shall adopt regulations to implement this requirement. In such regulations the department may exempt certain multi-line telephone systems from this requirement based on such factors as costs and the public benefits of compliance, except that accessibility of such a system to people with disabilities may only be waived if the proponent of the waiver has shown it to be technologically infeasible or of excessive cost without benefit to the disability community. For the purposes of this section, a ''multi-line telephone system'' shall mean a system comprised of common control units, telephones and control hardware and software providing local telephone service to multiple end-use customers in businesses, apartments, townhouses, condominiums, schools, dormitories, hotels, motels, resorts, extended care facilities, or similar entities, facilities or structures. ''Multi-line telephone system'' shall include: (1) network and premises based systems such as centrex, pbx and hybrid key telephone systems; and (2) systems owned or leased by governmental agencies, nonprofit entities and for-profit businesses.
Mass. Gen. Laws ch. 228, sec. 8 — MA Code / Part III / Title II / Chapter 228 / Section 8
Prosecution by devisee or heir
Status: in_force

Section 8. If, in a real or mixed action, the plaintiff dies before final judgment, his heir or devisee of the land demanded or of the right of action may, within such time as the court allows, appear and prosecute the action in the same manner as if commenced by him. If the first estate in possession under a devise is not a fee simple, the devisee of the first freehold estate in possession may appear and prosecute, and the judgment, if in his favor, shall be conformed to his title.

Section 8. If, in a real or mixed action, the plaintiff dies before final judgment, his heir or devisee of the land demanded or of the right of action may, within such time as the court allows, appear and prosecute the action in the same manner as if commenced by him. If the first estate in possession under a devise is not a fee simple, the devisee of the first freehold estate in possession may appear and prosecute, and the judgment, if in his favor, shall be conformed to his title.
Mass. Gen. Laws ch. 276, sec. 53 — MA Code / Part IV / Title II / Chapter 276 / Section 53
Transporting male and female prisoners
Status: in_force

Section 53. An officer who, having the custody or control of prisoners, causes or permits male and female prisoners to be transported together to or from a court in a vehicle, in a city of more than thirty thousand inhabitants according to the latest census, shall be punished by a fine of not more than twenty dollars.

Section 53. An officer who, having the custody or control of prisoners, causes or permits male and female prisoners to be transported together to or from a court in a vehicle, in a city of more than thirty thousand inhabitants according to the latest census, shall be punished by a fine of not more than twenty dollars.
Mass. Gen. Laws ch. 22E, sec. 3 — MA Code / Part I / Title II / Chapter 22E / Section 3
Submission of DNA sample
Status: in_force

Section 3. (a) Any person who is convicted of an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department or the commissioner of probation as a condition of probation forthwith upon conviction or, if sentenced to a term of imprisonment, the DNA sample shall be collected within 10 days of intake or return to the correctional facility to which the inmate has been sentenced. No person required to submit a DNA sample pursuant to this section shall be released from a correctional facility until a DNA sample has been collected. (b) The trial court, the commissioner of probation and the department shall establish and implement a system for the electronic notification to the department whenever a person is convicted of an offense that requires the submission of a DNA sample under subsection (a). The sample shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director. The results of such sample shall become part of the state DNA database. The submission of such DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post-conviction motion or petition.

Section 3. (a) Any person who is convicted of an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department or the commissioner of probation as a condition of probation forthwith upon conviction or, if sentenced to a term of imprisonment, the DNA sample shall be collected within 10 days of intake or return to the correctional facility to which the inmate has been sentenced. No person required to submit a DNA sample pursuant to this section shall be released from a correctional facility until a DNA sample has been collected.

(b) The trial court, the commissioner of probation and the department shall establish and implement a system for the electronic notification to the department whenever a person is convicted of an offense that requires the submission of a DNA sample under subsection (a). The sample shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director. The results of such sample shall become part of the state DNA database. The submission of such DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post-conviction motion or petition.