reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 1a - Appointment and Jurisdiction of Justices of the Peace and Notaries Public

[ Text of section effective until June 27, 2023. For text effective June 27, 2023, see below.]
Section 1A. Justices of the peace and notaries public shall be appointed and their commissions shall be issued for the commonwealth. Justices of the peace and notaries public shall have jurisdiction throughout the commonwealth when acting under the sole authority of such a commission and shall perform their duties subject to sections 8 to 26, inclusive. Unless otherwise expressly provided, justices of the peace and notaries public may administer oaths or affirmations in all cases in which an oath or affirmation is required and take acknowledgments of deeds and other instruments.
Chapter 222: Section 1A. Appointment and jurisdiction of justices of the peace and notaries public
[ Text of section as amended by 2023, 2, Sec. 24 effective June 27, 2023. See 2023, 2, Sec. 84. For text effective until June 27, 2023, see above.]
Section 1A. Justices of the peace and notaries public shall be appointed and their commissions shall be issued for the commonwealth. Justices of the peace and notaries public shall have jurisdiction throughout the commonwealth when acting under the sole authority of such a commission and shall perform their duties subject to sections 8 to 29, inclusive. Unless otherwise expressly provided, justices of the peace and notaries public may administer oaths or affirmations in all cases in which an oath or affirmation is required and take acknowledgments of deeds and other instruments.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 3 - Appointment of Commissioners to Administer Oaths of Office; Returns; Fees

Section 3. The governor, with the advice and consent of the council, shall appoint commissioners to administer to public officers the oaths of office required by the constitution. Upon administering such oaths, the commissioners shall forthwith make return thereof, with the date of the same, to the state secretary. Neither the state secretary, nor any officer or employee in his department acting as such a commissioner, shall charge any fee for administering such an oath.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 4 - Appointment of Commissioners; Term

Section 4. The governor, with the advice and consent of the council, may appoint commissioners in the states, territories, districts and dependencies of the United States, and one or more commissioners in every foreign country, to hold office for three years from the date of their respective appointments.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 5 - Oath; Seal

Section 5. A person appointed commissioner in a state, territory, district or dependency of the United States shall, within three months after his appointment, take and subscribe an oath before a justice of the peace or other magistrate of the town or county where he resides, or before a clerk of a court of record within the state, territory, district or dependency where he resides, faithfully to perform the duties of his office, and shall cause an official seal to be prepared, upon which shall appear his name, the words ''Commissioner for Massachusetts'' and the name of the state, territory, district or dependency, and town or county where he resides. A person appointed commissioner in a foreign country shall, before performing any duty of his office, take and subscribe an oath before a judge or clerk of a court of record of the country where he resides or before an ambassador, minister or consul of the United States accredited to such country, faithfully to perform the duties of his office. In each case, a certificate of the commissioner's oath of office and his signature and an impression of his official seal shall be forthwith transmitted to and filed in the office of the state secretary.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 6 - Powers and Duties

Section 6. A commissioner may, in his state, territory, district, dependency or country, administer oaths and take depositions, affidavits and acknowledgments of deeds and other instruments, to be used or recorded in this commonwealth, and the proof of such deeds, if the grantor refuses to acknowledge the same, all of which shall be certified by him under his official seal.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 9 - Acting as Justice or Notary After Expiration of Commission; Penalty

Section 9. Whoever presumes to act as a justice of the peace or notary public after the expiration of his commission, and after receiving notice of such expiration, shall be punished by a fine of not less than one hundred nor more than five hundred dollars.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 10 - Destruction of Notary's Records; Penalty

Section 10. Whoever knowingly destroys, defaces or conceals the records or official papers of a notary public shall forfeit not more than one thousand dollars and be liable for damages to any person injured thereby.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 11 - Acknowledgments by Persons in Armed Forces or Their Dependents

Section 11. Persons serving in or with the armed forces of the commonwealth or other reserve component commands when conducting mobilization exercises and soldier readiness processing or the armed forces of the United States or their dependents, wherever located, may acknowledge any instrument in the manner and form required by law before a commissioned officer in the active service of the armed forces of the commonwealth or the United States with the rank of second lieutenant or higher in the army, air force or marine corps or ensign or higher in the navy or United States Coast Guard. Any such instrument shall contain a statement that the person executing the instrument is serving in or with the armed forces of the commonwealth or other reserve component command when conducting mobilization exercises and soldier readiness processing or the armed forces of the United States or is a dependent of any such person. No such instrument shall be rendered invalid by the failure to state in the instrument the place of execution or acknowledgment.
No authentication of the officer's certificate of acknowledgment shall be required.
Instruments so acknowledged outside of the commonwealth, if otherwise in accordance with the law, shall be received and may be used in evidence or for any other purpose in the same manner as if taken before a commissioner of the commonwealth appointed to take depositions in other states.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 12 - Exemptions From Maintaining Journal of Notary Transactions

Section 12. Notwithstanding section 22 or any other general or special law to the contrary, a notary public who is an attorney or who is employed by an attorney and by virtue of such employment performs notary public duties shall not be required to maintain a journal.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 13 - Qualifications; Grounds for Denial of Application for Appointment

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 13. (a) A person qualified for a notary public commission shall be at least 18 years of age and reside or have a regular place of work or business within the commonwealth.
(b) In the governor's discretion, an application for appointment, reappointment or renewal of a commission may be denied based on:
(i) submission of an official application containing a material misstatement or omission of fact;
(ii) the applicant's conviction of an offense that resulted in a prison sentence;
(iii) the applicant's conviction of a misdemeanor offense that resulted in a sentence to probation or a fine or a conviction for a violation of paragraph (a) of subdivision (1) of section 24 of chapter 90 or subsection (a) of section 8 of chapter 90B;
(iv) the applicant's admission to sufficient facts to warrant a finding of guilt of any offense;
(v) a finding or admission of responsibility or liability against the applicant in a civil action based on the applicant's fraud or deceit;
(vi) revocation, suspension, restriction or denial of a notary public commission or professional licensure by the commonwealth or any other jurisdiction; or
(vii) any other reason, including official misconduct, that in the governor's discretion, would render the applicant unsuitable to hold a notary public commission.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 14 - Term of Commission

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 14. A person commissioned as a notary public may perform notarial acts in any part of the commonwealth for a term of 7 years unless the commission is earlier revoked or the notary public resigns.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 19 - Duty to Perform Notarial Act Upon Payment of Fee; Exceptions

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 19. A notary public shall perform a notarial act for any person requesting such act who tenders the fee provided for in section 41 of chapter 262 or any other general or special law or executive order, unless:
(i) the notary public knows or has reason to believe that the notarial act or the associated transaction is unlawful;
(ii) the principal has a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act;
(iii) the act is prohibited by this chapter or any other applicable law; or
(iv) the number of notarial acts requested practicably precludes completion of all acts at once, in which case, the notary public shall arrange for later completion of the remaining acts.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 20 - Lawfulness, Accuracy or Truthfulness of Document or Transition Involving Notarial Act; Effect of Documents Not Containing Acknowledgement or Certification; Rules of Land Court Relating to Filing of Documents

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 20. (a) A notary public shall not be authorized or required to investigate, ascertain or attest to the lawfulness, propriety, accuracy or truthfulness of a document or transaction involving a notarial act.
(b) Except as may be required by the office of the state secretary for the issuance of an apostille and provided the form of acknowledgement, jurat, signature witnessing or copy certification otherwise is substantially similar in legal meaning and effect to the texts of the several forms set forth in this chapter or in the appendix to chapter 183:
(i) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in section 15 or otherwise to comply with the requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of the underlying document or the recording of the underlying document;
(ii) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to accept the document for filing, recordation, registration or acceptance by a third party; and
(iii) failure of a document executed in a representative capacity to contain an acknowledgment that the instrument was also the voluntary or free act and deed of the principal or grantor shall not affect the validity of the underlying document or the recording of the document.
(c) Nothing shall prevent the land court from issuing rules, regulations, directives, orders and guidelines governing the forms of acknowledgements and jurats to be complied with for the filing and registration of documents with the land court and its land registration districts.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 21 - Advertisements for Notarial Services in Language Other Than English

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 21. A notary public who is not an attorney who advertises notarial services in a language other than English shall include in the advertisement, notice, letterhead or sign the following statement prominently displayed in the same language: ''I am not an attorney and I have no authority to give advice on immigration or other legal matters.''.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 23 - Fees Not to Be Charged for Certain Notarial Acts

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 23. Notwithstanding section 41 of chapter 262, no fee shall be charged by a notary public to notarize a signature on an absentee ballot identification envelope or other voting materials or on any application or claim by a United States military veteran for a pension, allotment, allowance, compensation, insurance or other veterans' benefit.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 24 - Destruction of Notary Seals and Stamps Upon Expiration, Resignation or Revocation of Commission; Retention of Journal and Records

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 24. If a notary public's commission expires, is resigned or revoked, the notary public shall, as soon as reasonably practicable, destroy or deface all notary seals and stamps so that they shall not be used and shall retain the journal and records for 7 years after the date of expiration, resignation or revocation.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 25 - Change of Name or Address; Notice to State Secretary

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 25. Within 10 days after the change of a notary public's name, residence, business address or mailing address, the notary public shall send to the state secretary a signed notice of the change, providing both the old and new information.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 26 - Revocation of Commission

[Text of section applicable pursuant to 2016, 289, Sec. 7.]
Section 26. A notary public's commission may be revoked for official misconduct as defined in section 1 or for other good cause as determined by the governor with the consent of the governor's council.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 27 - Tamper-Evident Technologies to Perform Notarial Acts; Recording of Documents

[ Text of section added by 2023, 2, Sec. 33 effective January 1, 2024. See 2023, 2, Sec. 85.]
Section 27. (a) A notary public may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. Any technology approved by the state secretary pursuant to subsection (h) of section 28 and selected by a notary public shall require the notary public's electronic signature and electronic seal to be:
(i) unique to the notary public;
(ii) capable of independent verification;
(iii) retained under the sole control of the notary public; and
(iv) attached to or logically associated with the electronic record in a tamper-evident manner.
(b) A tangible copy of an electronic record shall be accepted as the equivalent of an original document for purposes of recording said copy; provided, however, that: (i) the copy contains a notarial certificate that satisfies all requirements for an original document to be accepted for recording; (ii) the copy satisfies all requirements for recording an original document set forth in chapters 183 and 185, as applicable; and (iii) the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 222 - Justices of the Peace, Notaries Public and Commissioners › Section 29 - Use of Personal Information Obtained Under Sec. 28

[ Text of section added by 2023, 2, Sec. 33 effective January 1, 2024. See 2023, 2, Sec. 85.]
Section 29. A notary public shall not use, sell or offer to sell to another person or transfer to another person for use or sale any personal information obtained under section 28 that identifies a remotely-located individual, a witness to a remote notarization or a person named in a record presented for remote notarization, except: (i) as necessary to facilitate performance of a notarial act; (ii) to effect, administer, enforce, service or process a record provided by or on behalf of the individual or the transaction of which the record is a part; (iii) in accordance with said section 28, including the rules adopted pursuant thereto; or (iv) in accordance with other applicable federal or state law, or to comply with a lawful subpoena or court order.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 1 - Transitory Actions; General Provisions

Section 1. A transitory action shall, except as otherwise provided, if any one of the parties thereto lives in the commonwealth, be brought in the county where one of them lives or has his usual place of business; provided, however, that if the instrument of the crime is a forged check, credit card, or other negotiable instrument, intending on its face to be presented for payment at another place in another county and the value of the money, goods or services involved is in excess of one hundred dollars, the action may be brought in the county where the instrument was presented or at the place where the instrument was presented for payment, if such place of payment is located in the commonwealth; and provided, further, that except in actions upon negotiable instruments if the plaintiff is an assignee of the cause of action, it shall be brought only in a county where it might have been brought by the assignor thereof. If neither party lives in the commonwealth, the action may be brought in any county. If an action is dismissed because the defendant has raised timely objection to venue, the defendant shall be allowed double costs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 2 - Transitory Actions; District Courts

Section 2. Except as provided in section twenty-one of chapter two hundred and eighteen, a transitory action in a district court shall be brought in a court in the judicial district where one of the parties lives or has his usual place of business or in a court, the judicial district of which is adjacent to the judicial district where one of the parties lives or has his usual place of business or, if in connection with the commencement of such an action the approval of trustee process is sought, that action shall be brought in a court in the judicial district where one of the parties or any person alleged to be trustee lives or has a usual place of business, or in a court the judicial district of which adjoins the judicial district where one of the parties or one of the alleged trustees lives or has a usual place of business; provided, however, that an action may be brought in the municipal court of the city of Boston as provided in section fifty-four of chapter two hundred and eighteen.
Said courts shall have jurisdiction of a transitory action against a defendant who is not an inhabitant of the commonwealth, if personal service or an effectual attachment of property is made within the commonwealth; and such action may be brought in any of said courts in the county where the service or attachment was made.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 2a - Consolidation of Pending Actions Arising Out of Same Accident or Transaction

Section 2A. Whenever cross actions between the same parties or two or more actions, including for the purposes hereof other court proceedings and actions transferred under section one hundred and two C of chapter two hundred and thirty-one, arising out of or connected with the same accident, event or transaction are pending in more than one division of the same department of the trial court, the administrative justice of such department of the trial court may, upon motion of any party to such action in such court, order the consolidation of such actions for the purpose of trial together in any division of said department of the trial court to be designated in the order. The party making such motion shall give notice thereof to the clerks, clerk magistrates or registers of probate of the divisions in which said actions are pending, to all parties to such actions, and to the administrative justice of the respective department of the trial court. Thereafter, none of said actions shall be placed on any trial list until after the disposition of said motion. This section shall apply only to actions as to which the time limit for removal to the superior court department under section one hundred and four of chapter two hundred and thirty-one has expired.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 2b - Actions Arising Out of Same Accident or Transaction Pending in Both Superior and District Courts; Transfer to Superior Court

Section 2B. Whenever cross actions between the same parties or two or more actions, including for the purposes hereof other court proceedings, arising out of or connected with the same accident, event or transaction are pending, one or more in the superior court and also one or more in one or more district courts, the superior court, upon motion of any party to any of such actions, may order that the action or actions pending in the district court or courts, with all the papers relating thereto, be transferred to the superior court without the payment of any entry fee, or, with the consent of all principal parties to all such actions, may order that such actions be transferred without the payment of any entry fee to a designated district court in which any of such actions is pending.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 2c - Actions Arising Out of Same Accident or Transaction; Procedure After Transfer

Section 2C. Whenever any action or proceeding is transferred to another court under any provision of section two A or section two B, such action or proceeding shall thereafter proceed in the court to which it is thus transferred as though originally entered there.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 5 - Actions by the Commonwealth

Section 5. A civil action in which the commonwealth is plaintiff or in which money due to the commonwealth is sought to be recovered may be brought in the county where the defendant lives or has his usual place of business, or in Suffolk county.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 6 - Counties; Actions by or Against

Section 6. A local or transitory action by a county shall be brought in the county where the defendant lives or in a county adjoining the plaintiff county. If the defendant lives in the plaintiff county, it shall be brought in an adjoining county. Such action against a county shall, at the election of the plaintiff, be brought in the county where he lives, in the defendant county or in an adjoining county.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 7 - Defective Ways, etc.; Negligence Actions

Section 7. An action against a town or person to recover for injury or damage received by reason of a defect, want of repair or of an insufficient railing in or upon a public way shall be brought in the county where said town is situated or in the county where the plaintiff lives, except that such action against the city of Boston may be brought in Middlesex county, in Norfolk county or in the county where the plaintiff lives, and such action against the town of Nantucket or against any town in Dukes county may be brought in Bristol county. An action against a town or person to recover for injury or damage received in the commonwealth by reason of negligence other than that relating to such defect, want of repair or insufficient railing shall be brought in the county where the plaintiff lives or has his usual place of business, or in the county where the alleged injury or damage was received. This section shall not apply to actions that may be brought in a district court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 8 - Corporations; Actions by or Against

Section 8. Transitory actions, except those mentioned in the preceding section, to which a corporation, other than a county or the city of Boston, is a party, may be brought as follows:
(1) If both parties are cities, towns or parishes, in the county where either party is situated.
(2) If both parties are corporations, other than a city, town or parish, in any county in which either corporation has a usual place of business, or in which it held its last annual meeting, or usually holds its meetings.
(3) If one party is a city, town or parish, and the other a corporation named in clause (2), in any county in which either party might sue or be sued.
(4) If one party is a corporation named in clause (1) or (2), and the other an individual, in any county in which the corporation might sue or be sued, or in the county in which the individual lives or has a usual place of business.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 8a - Reciprocal or Inter-Insurance Exchange; Transitory Actions by or Against Subscribers

Section 8A. Transitory actions by or against the subscribers to a reciprocal or inter-insurance exchange defined in section ninety-four A of chapter one hundred and seventy-five and authorized to transact business in the commonwealth under said chapter may be brought as provided in clause (2) or clause (4) of section eight, as the case may be, and for such purposes the subscribers shall be deemed a company or association.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 9 - Transitory Actions by or Against City of Boston

Section 9. An action by or against the city of Boston, except actions mentioned in section seven and actions by the collector of said city under sections thirty-five and thirty-six of chapter sixty, may be brought in Suffolk, Essex, Middlesex or Norfolk county, or in the county in which the plaintiff lives.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 10 - Actions by City of Boston; Transfer From County of Suffolk

Section 10. The defendant in an action brought in Suffolk county by the city of Boston or by its collector may, if the action is brought in the supreme judicial or superior court, within thirty days after the day for appearance, file a motion in writing for the removal of the action to Essex, Middlesex or Norfolk county; and the court shall thereupon order it to be removed to the same court in such one of said counties as the attorney of the city of Boston elects.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 11 - Executors or Administrators; Transitory Actions by or Against

Section 11. A transitory action by or against an executor or administrator may be brought in a county in which it might have been brought by or against the testator or intestate at the time of his decease.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 12 - Land Title Actions

Section 12. If a tract of land lies in two or more counties, an action relative to it, to which neither a county, the city of Boston nor any corporation named in section eight is a party, may be brought in any of said counties, and the complaint shall be so drawn as to include the whole tract.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 13 - Change of Venue

Section 13. If the supreme judicial or superior court finds that a party to an action or proceeding pending therein cannot, by reason of local prejudice or other cause, have an impartial trial in the county where the action or proceeding was commenced, it may, upon the application of either party, order it to be removed for trial to another county. Upon the entry of such order, the clerk of the court in which the action or proceeding is pending shall forthwith transmit all the papers in the case and a certified copy of said order to the clerk of the court for the county to which it has been ordered to be removed. The clerk who receives such papers and order shall forthwith enter them on his docket, and the case shall thereupon proceed as if it had been originally commenced in the county to which it has been removed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 14 - Forfeitures

Section 14. A civil action for the recovery of a forfeiture, except an action in which the commonwealth is plaintiff, or in which money is sought to be recovered for the commonwealth, shall be brought in the county where the offence was committed, unless the statute imposing the forfeiture otherwise provides.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 15 - Erroneous Venue; Procedure

Section 15. If an error in venue is discovered at any stage of the proceedings of a civil action in the supreme judicial or superior court, the court may, upon motion of either party, order the action, with all papers relating thereto, to be removed to the proper county upon terms to the defendant; and it shall thereupon be entered and prosecuted in the same court for that county as if it had been originally commenced therein, and all prior proceedings otherwise regularly taken shall be valid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 19 - Unknown Defendant; Procedure

Section 19. In a civil action if the name of the defendant is not known to the plaintiff, the defendant may be designated in the summons and complaint by a fictitious name. The use of a fictitious name shall not be grounds for dismissal of the complaint if sufficient service has been made, and amendments shall be allowed and terms may be imposed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 20 - Process; Issuance

Section 20. Process in the supreme judicial and superior court shall be signed, by hand or by electronic means, and may be issued, by the clerk, shall bear teste of the first justice of the court who is not a party to the action, may be returnable to the same court in any other county, may run, and shall be executed and obeyed, throughout the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 31 - Summons; Leaving at Last Known Address, Etc.

Section 31. In an action brought in the district court, if service is made at the last and usual place of abode, the officer making service shall forthwith mail first class a copy of the summons to such last and usual place of abode. The date of mailing and the address to which the summons was sent shall be set forth as required by section thirty-five in the officer's return.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 34 - Further Notice to Absent Defendant

Section 34. If the defendant is out of the commonwealth, or if his residence is not known to the officer, and no personal service is made on him or on his agent appointed under section five of chapter two hundred and twenty-seven, he shall, in addition to the service herein prescribed, be entitled to further notice of the action as provided in said chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 35 - Process; Duty of Officer to State Place of Service in Return

Section 35. When process is served by an officer by leaving copies of the summons, subpoena, or summons and complaint at the last and usual place of abode of any person, the officer serving the same shall state in his return the place as definitely as is practicable, giving, if possible, the street and number, where service was made.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 37 - Corporations; Persons Authorized to Be Served

Section 37. In an action against a county, city, town, parish or religious society, or against the proprietors of wharves, general fields or real estate lying in common, who are incorporated, service shall be made upon the treasurer thereof, or if no treasurer is found, upon one of the county commissioners, the city clerk or one of the aldermen, the town clerk or one of the selectmen, upon one of the assessors or standing committee of the parish or religious society, or upon one of the proprietors of such land or other estate, as the case may be. If there are no such officers as are mentioned in this section, service shall be made upon one of the inhabitants of the county, city or town, or upon one of the members of the corporation.
In an action against a domestic corporation other than one mentioned in the preceding paragraph, service shall be made upon the president, treasurer, clerk, resident agent appointed pursuant to section 49 of chapter 156D, cashier, secretary, agent or other officer in charge of its business, or, if no such officer is found within the county, upon any member of the corporation. If an officer authorized to serve legal process makes a return on such process that, after diligent search, he can find no one upon whom he can lawfully make service as aforesaid, the court to which such process is returned may upon application issue an order of notice to such corporation, directing it to appear and answer within a designated period.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 38 - Foreign Corporations

Section 38. In an action against a foreign corporation, except an insurance company, which has a usual place of business in the commonwealth, or with or without such usual place of business, is engaged in or soliciting business in the commonwealth, permanently or temporarily, service may be made in accordance with the preceding section relative to service on domestic corporations in general, instead of upon the state secretary under section 15.10 of subdivision A of Part 15 of chapter 156D.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 39 - Foreign Insurance Company; Manner of Service

Section 39. In an action against a foreign insurance company transacting business in this commonwealth, service may be made upon an agent of the company, licensed as such in the commonwealth, who, having authority to issue policies and bind risks for the company, has issued the policy the liability on which is sought to be enforced, or an agent who lives or has his usual place of business in the county and has control over or superintendence of subordinate agents of the company, instead of on the commissioner of insurance under clause third of section one hundred and fifty-one of chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 39a - Service on Certain Insurance Companies Severally, or Jointly and Severally, Liable

Section 39A. In an action against insurance companies severally liable upon a policy of insurance issued under section one hundred and two A, one hundred and eleven A or one hundred and seventeen A of chapter one hundred and seventy-five, or jointly and severally liable upon a policy of insurance issued under said section one hundred and eleven A, or in a suit against insurance companies brought by a judgment creditor under section one hundred and thirteen of said chapter one hundred and seventy-five and clause ten of section three of chapter two hundred and fourteen under a policy of liability insurance issued under said section one hundred and eleven A, service upon any one of said companies shall be a valid and sufficient service upon all of such companies as are named in the process. Such service, if on a domestic company, shall be made in the manner provided in this chapter and, if on a foreign company, in the manner provided in section thirty-nine of this chapter, or in the third clause of section one hundred and fifty-one and section one hundred and fifty-four of said chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 39b - Reciprocal or Inter-Insurance Exchange; Service on Attorney in Fact of Subscribers

Section 39B. In an action against the subscribers of a reciprocal or inter-insurance exchange defined in section ninety-four A of chapter one hundred and seventy-five and authorized to transact business in the commonwealth under said chapter, service may be made upon the attorney in fact of such subscribers, as defined in said section ninety-four A, if a domestic exchange, as so defined, instead of on the commissioner of insurance under clause Third of section one hundred and fifty-one of said chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 40 - Voluntary Associations, Service On

Section 40. In an action against a voluntary association or trust described in section one of chapter one hundred and eighty-two, engaged in business in the commonwealth, service may be made upon any trustee or like officer thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 42 - Property Subject to Attachment

Section 42. All real and personal property liable to be taken on execution, except such personal property as, from its nature or situation, has been considered as exempt according to the principles of the common law as adopted and practiced in the commonwealth, or which is specifically exempt from execution under section thirty-four of chapter two hundred and thirty-five, and except as provided in the four following sections, may be attached upon a writ of attachment in any action in which the debt or damages are recoverable, and may be held as security to satisfy such judgment as the plaintiff may recover; but no attachment of land shall be made on a writ returnable before a district court unless the debt or damages demanded therein exceed twenty dollars.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 42a - Amount Liquidated or Ascertainable by Calculation; Limitation on Attachment

Section 42A. In an action or suit for an amount which is liquidated or ascertainable by calculation, no attachment by trustee process or otherwise shall be made for a larger sum than the amount of the claim and such additional amount as is reasonably necessary to include interest thereon and costs likely to be taxed in the action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 43 - Cars and Vessels; Attachment

Section 43. Railroad cars and engines and street railway cars, in use and making regular passages on railroads or railways, and steamboats so in use upon water routes, shall not be attached upon mesne process unless the officer who makes the attachment has first demanded of the owners or managers thereof other property, upon which to make it, equal in value to the amount of the attachment, and such owners or managers have refused or neglected to comply with said demand; except that a steamboat so in use may be attached, if the attachment is made more than forty-eight hours before its fixed time of departure. Such attachment shall be void unless the officer certifies in his return that he has made such demand and that the owners or managers have refused or neglected to comply therewith.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 44 - Ships or Vessels; Conditions Precedent

Section 44. No ship or vessel shall be attached in a civil action unless the plaintiff or a person on his behalf makes affidavit and proves to the satisfaction of a justice of a court that he has a good claim and reasonable expectation of recovering an amount, exclusive of all costs, equal at least to one-third of the amount of damages claimed, which affidavit shall be annexed to the writ of attachment, and the certificate of the justice that he is satisfied that the same is true shall be annexed to the writ of attachment or endorsed thereon.