reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 15 - Discharge of Surety on Bond; Notice

Section 15. A surety upon the bond of a pilot desiring to be discharged from liability thereon shall give notice thereof to the commissioners, and shall also give written notice to such pilot, which may be served by a constable, and shall, with the return of the constable thereon, be filed with the state treasurer, and at the expiration of thirty days therefrom, the liability of such surety for the subsequent acts of said pilot shall cease. If a pilot so notified fails to furnish a new bond before the expiration of said thirty days, his commission shall be void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 16 - New Bonds of Pilots

Section 16. A pilot, in case of the decease, insolvency or bankruptcy of a surety upon his bond, shall give notice thereof to the commissioners. In such a case, or whenever a pilot's bond appears to the commissioners to be insufficient, he shall give a new bond.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 17 - Lien of Pilots for Fees

Section 17. A pilot shall have a lien for his pilotage fees upon the hull and appurtenances of every vessel liable to him therefor under this chapter for sixty days after the completion of his services; but the lien shall not be enforced until approved by the commissioners.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 21 - Vessels Required to Employ Commissioned Pilots; Liability for Rates; Subject to Regulations; Commission as Transit Pilot

Section 21. Every foreign vessel of three hundred and fifty gross tons or over, every other United States vessel that is carrying oil, hazardous material, or hazardous waste in bulk as cargo in or entering upon areas of special interest within the waters of the commonwealth, every United States vessel under register of three hundred and fifty gross tons or over, and every other vessel not exempted by section twenty-eight or the laws of the United States, entering, departing in transit or shifting within the confines of any district of the commonwealth shall take and employ a pilot commissioned under this chapter, and shall be subject to the provisions of this chapter. Said vessel, its master, owner, agent or consignee shall be liable for and pay pilotage rates in accordance with the pilotage laws established under the provisions of this chapter. Said vessels shall be subject to regulations established by the pilot commissioners.
Any persons duly licensed by the United States Coast Guard as mate or master of a United States steam or motor vessel, of unlimited gross tons upon oceans, with a United States Coast Guard first class pilot endorsement for the waters of Cape Cod Bay, Cape Cod Canal, Buzzards Bay, Nantucket Sound or Vineyard Sound, may apply to the district 3 commissioner of pilots for a transit commission to navigate in those waters. A person so applying shall present proof of 15 round trips as a pilot or as a pilot under instruction or equivalent transits over those waters within the past 3 years before the date of application, as well as any federal course certifications as may be required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 28 - Exemption of Vessels From Compulsory Pilotage

Section 28. All coastwise vessels not sailing under register and not carrying oil, hazardous material or hazardous waste in bulk as cargo in or entering upon areas of special interest within the waters of the commonwealth, United States public vessels, and United States fishing vessels shall be exempt from compulsory pilotage; provided, however, that if any such vessel requests the aid of a pilot, he shall, when permitted by the laws of the United States, serve the same in like manner as vessels not exempt, and shall be entitled to regular compensation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 31 - Rates of Pilotage; Other Charges

Section 31. Rates of pilotage outward and inward for the port of Boston, calculated per foot of draught, shall be as follows:
for vessels 3,500 gross tons or under $50.06
for vessels over 3,501 to 7,000 gross tons $65.30
for vessels over 7,001 to 15,000 gross tons $74.26
for vessels over 15,001 to 25,000 gross tons $77.76
for vessels over 25,001 to 35,000 gross tons $79.49
for vessels over 35,001 to 45,000 gross tons $81.71
for vessels over 45,001 to 55,000 gross tons $87.78
for vessels over 55,001 to 70,000 gross tons $92.78
for vessels over 70,001 to 85,000 gross tons $99.46
for vessels over 85,000 gross tons $106.13
Other charges shall be:
(1) for detention of a pilot on board a vessel, there shall be a one hour free period, followed by a $100 charge for the second hour or portion thereof; for each additional hour or portion thereof there shall be a charge of $100. Detention time shall begin at the ordered sailing time;
(2) cancellation rate, $400;
(3) compass adjusting, $400;
(4) calibration rate, $400;
(5) when a pilot is ordered and dispatched for an arriving vessel and his services are not employed, the vessel shall pay a charge of $400, but a pilot shall be considered ordered unless notified: 3 hours before sailing time in Boston; 3 hours before sailing time in Quincy, anchorage number two or anchorage number five;
(6) no charge shall be made for a vessel detained because of fog or stress of weather;
(7) pilot carried away, the vessel shall pay his return expenses plus $200 per day;
(8) notifying a vessel of his diversion orders, a charge of $100 may be levied plus any regular charges;
(9) assisting the master in docking and undocking, $350;
(10) all inbound vessels shall notify the pilot office eight hours before arrival time if such time varies more than two hours from their latest estimated time of arrival report; and
(11) a surcharge shall be made on each full pilotage charge for the cost of a suitable replacement vessel for the Boston Pilot when it is deemed advisable by a condition survey of the vessel. The surcharge shall be $50 per full pilotage for all vessels 3,500 gross tons and under and $100 per full pilotage for all vessels over 3,500 gross tons. Any such surcharge funds collected shall be placed in an escrow fund which shall be overseen by the office of the commissioners of pilots and shall be used in addition to proceeds realized from the sale of a present pilot vessel. An audited statement of the fund shall be made available to industry representatives on a quarterly basis.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 31a - Pilotage Rate Board

Section 31A. (a) There shall be a pilotage rate board which shall determine the rates to be charged by pilots commissioned under this chapter to ensure the safe navigation of vessels within the waters of the commonwealth and to ensure that the most qualified individuals are retained as commissioned pilots.
(b) The board shall consist of the following members or their designees: the director of the Massachusetts Port Authority; the president of the Boston Marine Society; the president of the Boston Shipping Association; a commissioner of pilots designated by the trustees of the Boston Marine Society; the chair of the Seaport Advisory Council; the executive director of the Boston Harbor Association; and the executive director of the New Bedford Harbor Development Commission. The board shall elect a chairperson and a vice chairperson from its members.
(c) The board shall be subject to section 11A1/2 of chapter 30A.
(d) Four board members shall constitute a quorum. The board shall approve its actions by a majority vote. Board members may vote by proxy or by electronic means.
(e) The board shall establish rates for pilotage within the waters of the commonwealth based upon prevailing rates in other similar ports, the need to retain the services of the best qualified harbor pilots available and other economic conditions that may affect the quality of pilotage services in the ports.
(f) The board shall meet at least once annually in October on a date to be set by the chairperson but not later than October 15. The board may meet at other times as necessary to carry out its duties.
(g) Board members shall serve without compensation but shall be reimbursed for travel and other reasonable expenses at the rate such expenses are reimbursed to full time employees of the commonwealth. Such reimbursement shall be paid by the Boston Marine Society from funds received pursuant to section 5.
(h) Any decision of the board as to the rates for pilotage shall become effective within 60 days after the board's final decision on rates.
(i) The board shall determine how the rates for pilotage shall be made available to the maritime industry.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 103 - Pilots › Section 35 - Persons Acting as Pilots

Section 35. No person unless he holds a commission as a pilot shall, if a commissioned pilot offers his services or can be obtained within a reasonable time, assume or continue to act as pilot in the charge or conduct of any vessel within the waters of this commonwealth, unless he is actually employed on such vessel for the voyage. Whoever violates the provisions of this section shall be punished by a fine of not less than five thousand nor more than ten thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 1 - Sales by Consignees

Section 1. A factor or other agent intrusted with the possession of merchandise or of a bill of lading consigning merchandise to him with authority to sell the same shall be deemed the true owner of such merchandise, so far as to give validity to any bona fide contract of sale made by him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 2 - Lien of Consignee

Section 2. A shipper in lawful possession of merchandise at the time of shipment and in whose name it is shipped for sale shall be deemed the true owner thereof so far as to entitle the consignee to a lien thereon for money advanced or for securities given to the shipper for or on account of such consignment, unless the consignee, at or before the time when he made the advances or gave the securities, had notice by the bill of lading or otherwise that the shipper was not the actual and bona fide owner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 3 - Lien on Consignment

Section 3. If a person intrusted with merchandise has authority to sell or consign the same, a consignee to whom he consigns it shall have a lien thereon for any money or merchandise advanced or for any negotiable security given by him on the faith of such consignment, to or for the use of the person in whose name the consignment or delivery was made, and for any money, negotiable security or merchandise received for the use of such consignee by the person in whose name the consignment or delivery was made, if such consignee had, at the time of such advance or receipt, probable cause to believe that the person in whose name the merchandise was shipped, transmitted or delivered was the actual owner thereof or had a legal interest therein to the amount of said lien.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 4 - Lien for Advances to Consignee

Section 4. If a consignee or factor, having possession of merchandise, or a bill of lading, permit, certificate or order for the delivery thereof, with authority to sell said merchandise, deposits or pledges such merchandise or a part thereof or such document with any other person as security for money or merchandise advanced or for a negotiable instrument given by him on the credit thereof, such other person, if he makes such loan, advance or exchange in good faith and with probable cause to believe that the agent making the deposit or pledge had authority so to do and was not acting fraudulently against the owner of such merchandise, shall, notwithstanding he has notice of such agency, acquire the same interest in and authority over such merchandise and documents as he would have acquired if the agent had been the actual owner thereof. In the event of conflict between the provisions of this section and provisions of article nine of chapter one hundred and six, the provisions of said article nine govern.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 5 - Pledge by Consignee to Secure Antecedent Debt

Section 5. If such merchandise or document is accepted in deposit or pledge for an antecedent debt due from such consignee or factor, the person receiving the same shall thereby acquire no other or further right or interest in or authority over or lien upon the same than the consignee or factor might have enforced against the actual owner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 6 - Effect of Secs. 1 to 5 on Lien of Consignee

Section 6. The three preceding sections shall not affect the lien of a consignee or factor for expenses and charges attending the shipment, transportation and care of merchandise intrusted to him; nor prevent the actual owner of merchandise from recovering it, previous to any pledge thereof, from the consignee or factor or from his assignee in case of his insolvency; nor prevent such owner from recovering any merchandise or document so deposited or pledged, on tender of the money and restoration of the negotiable security or property so advanced to such consignee or factor, and on tender of such further amount of money and restoration of such negotiable instrument or property advanced or given by the consignee or factor to the owner, or upon tender of an amount of money equal to the amount or value of such merchandise; nor prevent him from recovering from a person with whom such merchandise has been so deposited or pledged any balance of money remaining in his hands as the proceeds of the sales thereof, after deducting the amount or value of the money or negotiable security so advanced thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 7 - Definitions

Section 7. The following terms as used in sections eight and nine, unless the context otherwise requires, shall have the following meanings:
''Commission'', compensation accruing to a sales representative for payment by a principal, earned through the last day on which services were performed by the sales representative, the rate of which is expressed as a percentage of the dollar amount of orders or sales.
''Principal'', a person who manufactures, produces, imports or distributes a product for wholesale; contracts to solicit orders for such product, and compensates individuals who solicit wholesale orders in whole or in part, by commission.
''Sales representative'', a person other than an employee, who contracts with a principal to solicit wholesale orders in the commonwealth and who is compensated, in whole or in part, by commission but shall not include one who places orders or purchases exclusively for his own account for resale.
''Day'', any calendar day, including Saturdays, Sundays and legal holidays.
''Termination'', the end of services performed by the sales representative for the principal whether by expiration of a contract, discharge or resignation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 8 - Contract for Services; Payment of Commissions

Section 8. The terms of the contract between a principal and a sales representative shall determine when a commission shall be due. If the time when such commission shall be due is not specified in a contract, the past practices between the parties shall control or, if there are no such past practices, the custom and usage prevalent in the commonwealth for the business that is the subject of the relationship between the parties shall control. All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within fourteen days after the date of termination. Commissions that become due after the termination date shall be paid within fourteen days after the date on which the commissions became due.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104 - Agents, Consignees and Factors › Section 9 - Liability for Failure to Pay Commissions; Jurisdiction; Waiver of Statutory Provisions

Section 9. A principal who wilfully or knowingly fails to comply with provisions relating to the prompt payment of commissions set forth in section eight shall be liable to the sales representative in a civil action for the principal amount of the commissions owed and for an additional sum up to three times the amount of commissions and for reasonable attorney's fees and court costs. A principal who is not a resident of the commonwealth and who enters into a contract subject to the provisions of sections seven to nine shall be deemed to be doing business in the commonwealth for purposes of the exercise of personal jurisdiction over such principal. No provision of sections seven to nine may be waived, whether by express waiver or by an attempt to make a contract or agreement subject to the laws of another jurisdiction. A waiver of any provision of sections seven to nine shall be void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104a - Consignment of Fine Art › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Artist'', the person who creates a work of fine art or, if such person is deceased, such person's heir, legatee, or personal representative.
''Fine art'', a painting, photograph, sculpture, functional sculpture, hologram, wearable art, drawing, fiber-based work, ceramic-based work, metal work, conceptual-based art, glass-based work, an installation, a work that is created or displayed using computer, digital devices and/or new technology such as, but not limited to, digital prints, digital photographs, CD Roms, DVDs, cyberart, a web/internet–based art work, a performance-based art work and the results of the performance such as, but not limited to, film, video, DVDs, CD Roms, a sound work, an electronic-based work, a work of graphic art, including an etching, lithograph, off set print, silk screen/screen print, or work of graphic art of like nature, a work of calligraphy, an artist's book, or a work in mixed media including collage, assemblage or any combination of the foregoing art media.
''Art dealer'' or ''Consignee'', a person engaged in the business of selling works of fine art, who takes works of fine art on consignment in the regular course of business, other than a person exclusively engaged in the business of selling goods at public auction.
''Person'', an individual partnership, corporation, association or other group, however organized.
''Consignment'', a delivery of a work of fine art under which no title to, estate in, or right to possession of, the work of fine art superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title and interest of the consignor in and to the work of fine art.
''Consignor'', a person who consigns a work of fine art to a consignee, including but not limited to an artist who creates works of fine art, an artist's heirs or legatees, or an owner of a work of fine art who holds title to the work of fine art.
''Deliver'' or ''Delivery'', the process of physically transporting a work of fine art from a consignor to a consignee, whether done by the consignor personally, by a professional transportation service, or by the services of an agent or dealer who acts on behalf of the consignor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104a - Consignment of Fine Art › Section 2 - Delivery and Acceptance Constituting Consignment; Statement of Delivery

Section 2. (a) Notwithstanding any custom, practice or usage of the trade to the contrary, or any other language herein, whenever a consignor delivers or causes to be delivered a work of fine art to a consignee in the commonwealth for the purpose of exhibition or sale, or both, on a commission, fee or other basis of compensation, the delivery to and acceptance of the work of fine art by the consignee shall constitute a consignment, unless the delivery to the consignee is pursuant to an outright sale for which the deliverer of the work of fine art receives or has received compensation for the work of fine art upon delivery.
(b) A consignor who delivers a work of fine art hereunder shall, upon delivery of the work of fine art, furnish to the consignee a separate written statement of delivery of the work of fine art, which shall include at a minimum the following information:—
(1) the artist's name and the name of the owner of the work of fine art;
(2) the title, if any, of the work of fine art;
(3) the medium and dimensions of the work of fine art;
(4) the date of completion of the work of fine art;
(5) the date of delivery of the work of fine art; and
(6) the anticipated fair market value of the work of fine art.
(c) The consignee shall maintain a copy of the consignor's written statement as an acknowledged acceptance of delivery of the art work. If the work of fine art is sold, the consignee shall record the date it sold, for what amount it sold, and name and contact information of who purchased the work of fine art. If the consignor is the creator of the work of fine art or the artist's heirs or legatees, the consignee shall disclose the name and contact information of the purchaser of the work of fine art to the consignor with payment of the funds owed to the consignor.
The consignee shall make all records pertaining to that consignee, including records of accounts, available for the consignor to review during consignee's normal business hours, within a reasonable time after consignor's request, and shall provide copies of the account records to the consignor when requested. The consignee shall keep copies of all books and records for at least 4 years after completion of the consignment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104a - Consignment of Fine Art › Section 3 - Incidents of Consignment

Section 3. The following provisions shall apply to consignment of a work of fine art:
(a) The consignee, after delivery of the work of fine art, shall constitute an agent of the consignor for the purpose of sale or exhibition of the consigned work of fine art.
(b) The work of fine art shall constitute property held in trust by the consignee for the benefit of the consignor, and shall not be subject to claim by a creditor of the consignee.
(c) The consignee shall be responsible for the loss of, or damage to, the work of fine art.
(d) The proceeds from the sale of the work of fine art shall constitute funds held in trust by the consignee for the benefit of the consignor. The proceeds shall first be applied to pay any balance due the consignor, unless the consignor expressly agrees otherwise in writing. The funds shall be allocated and disbursed in accordance with section 4A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104a - Consignment of Fine Art › Section 4 - Trust Property; Contact Information of Consignee; Forfeiture of Property

Section 4. (a) A work of fine art received as a consignment, and the funds derived from the sale of the work of fine art, shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account until the price is paid to the consignor. If the work of fine art is thereafter resold to a bona fide purchaser before the consignor has been paid, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor and the trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged.
(b) A work of fine art, or funds received as a result of the sale of a work of fine art, held in trust and pursuant to this chapter shall be considered property held in a statutory trust as defined and contemplated by 11 U.S.C. section 541 and any other relevant bankruptcy law. A work of fine art received as a consignment, or funds derived from the sale of a work of fine art so received, shall not, under any circumstances, without the express written consent of the consignor, become the property of the consignee.
(c) The consignor of the work of art is solely responsible for keeping his contact information current with the consignee, including name, mailing address, phone number, fax number and email address. If the consignee has in good faith attempted to return the consignor's work of fine art and has attempted in writing to notify the consignor of the intent, but has not been able to locate the consignor within 1 year of the consignee's decision to return the unsold artwork, the work shall be considered forfeited and the consignee may dispose of the property in a manner as the consignee considers appropriate. The consignee shall keep on file a record of attempts to contact the consignor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104a - Consignment of Fine Art › Section 4a - Separate Accounting of Consignments; Payment to Consignor of Sale Proceeds; Penalties

Section 4A. (a) A consignee who accepts a work of fine art hereunder and who shall receive money upon the sale of a consigned work of fine art shall show the accounts of each consignor separately on its books. Maintenance by the consignee of separate sub-accounts at its bank in the names of multiple consignors shall serve as prima facie evidence of fulfillment of the separate accounting requirement.
(b) Upon the sale of a consigned work of fine art, the consignee shall pay to the consignor funds owed to the consignor, less any monies owed by the consignor to the consignee, within 90 days of receipt by the consignor of proceeds for the sale. Failure of the consignee to comply with this section shall entitle the consignor to be awarded the amount owed to the consignor together with interest, calculated at a rate of 5 per cent per annum from the date when the payment became due, together with court costs and reasonable attorney's fees incurred by the consignor in collecting monies owed.
(c) Failure by the consignee to pay the consignor funds owed to the consignor, less any monies the consignor owes to the consignee, within 180 days of receipt by the consignee of the funds, shall entitle the consignor to be awarded a sum equal to 3 times the amount owed to the consignor together with interest, calculated at a rate of 5 per cent per annum beginning 90 days after receipt by the consignee of the funds, together with court costs and reasonable attorney's fees incurred by the consignor in collecting monies owed.
(d) A consignee shall not be held liable for any payment obligations or penalties, if the form of payment provided by the purchaser of a work of fine art is denied processing by its bank or credit card company; but the consignee shall be liable for recovering a work of fine art from the purchaser if the purchaser's payment cannot be processed.
(e) The consignee shall not be held liable for any payment penalties if the consignee has in good faith attempted to make payment to the consignor, but the consignor has not kept his contact information current with the consignee. If the consignee has in good faith attempted to pay the money in trust owed to the consignor, but has not been able to locate the consignor in 4 year's time of the sale of the consigned work of fine art, the consignor's money in trust shall be forfeited to the consignee.
(f) In the event of the closing of the consignee's business, the consignee shall be responsible for notifying the consignor in writing of the closing of the business. All consigned work shall be returned to the consignor by the consignee and all moneys held in trust shall be allocated to the consignor in full within 90 days of the closing. Additionally, in the event of a closing or bankruptcy of the consignee's business, the controlling persons of an art dealership shall be obligated to keep and maintain all records of the dealership for 4 years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 104a - Consignment of Fine Art › Section 6 - Application of Chapter

Section 6. The provisions of this chapter shall not apply to a written contract executed prior to its effective date, unless either the parties agree by mutual consent that the provisions of this chapter shall apply or such contract is extended or renewed after the effective date of this chapter. The provisions of this chapter shall prevail over any conflicting or inconsistent provisions of chapter one hundred and four and chapter one hundred and six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 1 - Licenses; Application; Notice; Bond

Section 1. The commissioner of division of occupational licensure or his designee, in this chapter hereinafter called the commissioner, may license suitable persons, or corporations established under the laws of and having their places of business within the commonwealth, to be public warehousemen, upon the payment of a license fee as determined annually by the commissioner of administration under the provision of section three B of chapter seven. Such license shall not be issued unless and until the applicant, at his own expense, shall have given notice of said application by publishing the same in two consecutive publications of a newspaper published in the town in which the warehouse is to be located. Such notice shall set forth the name of the applicant in full, a description of the premises on which the license is sought to be exercised, designating the building or part of the building to be used and the street and number, if any. Such warehousemen may keep and maintain public warehouses for the storage of goods, wares and merchandise. They shall give bond to the state treasurer for the faithful performance of their duties in an amount and with sureties approved by the commissioner, and may appoint one or more deputies, for whose acts they shall be responsible. A railroad corporation licensed as a public warehouseman shall not be required as such to receive any property except such as has been or is forthwith to be transported over its road or to give sureties on its bond.
The following words as used in this chapter shall have the following meaning:—''Public warehouse'', any building, or part thereof, kept and maintained for the storage of goods, wares and merchandise as a business. ''Warehouseman'' or ''public warehouseman'', a person, corporation, partnership, association or trustees engaged in the business of storing goods for hire.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 2 - Failure to File Bond

Section 2. Whoever keeps and maintains a public warehouse for the storage of goods, wares and merchandise without procuring a license and giving a bond, as provided in the preceding section, shall be punished by a fine of not more than one thousand dollars, and may be enjoined by the supreme judicial court from maintaining such a public warehouse, upon an information in equity brought by the attorney general at the relation of any person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 2a - Discharge From Liability Under Bond; Notice; Revocation of License

Section 2A. A surety upon a bond given by a public warehouseman as a condition of holding a license issued pursuant to section one, who desires to be discharged from liability thereunder shall give written notice to that effect to the commissioner and to the state treasurer, in such form as the commissioner may prescribe, specifying a date, not earlier than sixty days after the giving of such notice, upon which his liability is to terminate in respect to further deposits for storage with such warehouseman. The commissioner shall, upon receipt of such notice, forthwith notify such warehouseman that his license will be revoked on the date specified unless prior thereto a new bond, approved as provided in section one, is given by him to the state treasurer. Failure to give a new bond as aforesaid shall operate as a revocation of the license of such warehouseman, effective on said date, and the state treasurer shall forthwith notify the commissioner thereof in writing. The notification required to be sent by the commissioner shall be deemed sufficient if sent by registered mail, postage prepaid, to the last business or residence address of the licensee appearing in the records of the office of the commissioner; and the affidavit of the commissioner or of any person authorized by him to give notice that such notice has been sent in accordance with the section shall be prima facie evidence that such notice was duly given.
Such revocation of the license of a public warehouseman shall terminate the liability of the surety or sureties on his bond except for claims for or on account of goods, wares or merchandise deposited with him for storage prior to such revocation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 2b - Duties and Rights of Warehousemen After Revocation of License

Section 2B. After the revocation of his license, the warehouseman shall accept for storage no more goods, wares or merchandise. Forthwith upon such revocation, he shall offer to return to the person or persons entitled thereto all goods, wares and merchandise then deposited for storage with him, upon payment in full of all lawful charges due him and the surrender of the warehouse or other proper receipts. Said warehouseman may, at any time after such revocation, store any goods, wares or merchandise in his possession with another public warehouseman, licensed as provided in section one, in the name and for the account of the person or persons entitled thereto; and, if within sixty days after such revocation, the warehouseman whose license is revoked so stores any goods, wares or merchandise, and transmits therewith a bill setting forth the accrued charges for storage thereon, he shall continue to have a lien therefor which shall be enforceable for his account by the licensed warehouseman with whom he places them in storage, otherwise he shall lose his lien for such charges.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 2c - Public Warehouses; License Exemption

Section 2C. Notwithstanding the foregoing provisions of this chapter, persons, or corporations established under the laws of, and having their places of business within, the commonwealth, may keep and maintain a public warehouse on the premises of any other person or corporation for the storage therein, under contract, of goods, wares and merchandise of such other person or corporation, without being licensed under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 3 - Action on Bond

Section 3. Whoever is injured by the failure of a licensed warehouseman to perform his duty or his violation of any provision of this chapter may bring an action for his own benefit, in the name of the commonwealth, on the bond of such warehouseman. The writ shall be endorsed by the person in whose behalf such action is brought, or by some other person satisfactory to the court; and the endorser shall be liable to the defendant for any costs which he may recover in such action, but the commonwealth shall not be liable for any costs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 4 - Insuring Property Upon Request; Notice to Depositor of Household Goods

Section 4. A licensed warehouseman shall, upon written request by a party placing property with him on storage, cause such property to be insured for whom it may concern. A railroad corporation acting as warehouseman may itself be the insurer.
Any warehouse receipt delivered to a depositor of family, personal or household goods shall contain the following notice conspicuously printed in at least eight point type: ''The property which you are putting in storage is not covered by insurance against fire or theft. You may contact the warehouseman for instructions on placing insurance coverage for fire and theft on the deposited property.''
This section shall not apply to property stored pursuant to section 4 of chapter 239.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 5 - Books of Warehousemen; Accounts; Inspection

Section 5. Such warehouseman shall keep books in which shall be entered an account of all his transactions relative to the storing and insuring of goods, wares and merchandise, to the issuing of receipts therefor and to the disposition of proceeds of sales thereof under this chapter. Such books shall be open to the inspection of any person interested in the property to which the entries relate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 6 - Publication of Notice of Revocation of License

Section 6. The commissioner shall, at the expense of each warehouseman, give notice of his license and qualification, of the amount of the bond given by him and of any discontinuance of his license and shall, at the expense of any surety on his bond proceeding under section two A, give notice of the revocation of his license, by publishing such notice once in each week for three successive weeks in some newspaper published in the city or town where the warehouse is located.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 55 - Issuance of Receipt for Goods Not Received

Section 55. A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a receipt, knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years, or in a jail or house of correction for not more than two and one half years, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 56 - Issuance of Receipt Containing False Statement

Section 56. A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods, knowing that it contains any false statement, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 57 - Issuance of Unmarked Duplicate Receipts

Section 57. A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word ''Duplicate'', except in the case of a lost or destroyed receipt after proceedings as provided for in subsection (1) of section seven—six hundred and one of chapter one hundred and six, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 58 - Issuance of Receipt Not Stating Fact of Ownership

Section 58. If there are deposited with or held by a warehouseman goods of which he is owner, either solely or jointly or in common with others, such warehouseman, or any of his officers, agents or servants, who, knowing such ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 59 - Delivery of Goods With Negotiable Receipt Outstanding

Section 59. A warehouseman, or any officer, agent or servant of a warehouseman, who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncancelled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except as provided in paragraph (c) of subsection (1) of section seven—four hundred and three and subsection (1) of section seven—six hundred and one of chapter one hundred and six, be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 60 - Negotiation of Receipt for Mortgaged Goods

Section 60. Whoever deposits goods to which he has no title, or upon which there is a lien or mortgage, and takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive, and without disclosing his want of title or the existence of the lien or mortgage, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 61 - Fraudulent Negotiation or Transfer of Receipt

Section 61. Whoever, with intent to deceive, negotiates or transfers for value a receipt, knowing that any or all of the goods which by the terms thereof appear to have been received for storage by the warehouseman issuing the receipt, are not in the possession or control of such warehouseman, without disclosing this fact, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and a half years, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 62 - Unlawful Sale, Pledge or Loan of Deposited Property

Section 62. Whoever, with intent to injure or defraud, unlawfully sells, pledges, lends or in any other way disposes of, or permits or is a party to the unlawful selling, pledging, lending or other disposition of, any property stored in a public warehouse, without the authority of the person in whose name the same is stored, shall be punished by a fine of not more than five thousand dollars and by imprisonment in the state prison for not more than three years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 63 - Forging or Counterfeiting Warehouse Receipts

Section 63. Whoever falsely makes, utters, forges or counterfeits, or whoever permits or is a party to the false making, uttering, forging or counterfeiting of, a warehouse receipt, certificate or other instrument, or of the signature of a warehouseman or of an endorser or other person to an instrument used to pass or to give title to property stored in a public warehouse, shall be punished by a fine of not more than five thousand dollars and by imprisonment in the state prison for not more than three years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105 - Public Warehouses › Section 64 - Disposing of Receipt After Attachment

Section 64. Whoever, knowing that his interest in the property described in a warehouse receipt has been attached, endorses, assigns or otherwise disposes of such receipt without disclosing such attachment to the person to whom such receipt is endorsed, assigned or disposed of, shall be punished by a fine of not more than five thousand dollars and by imprisonment in the state prison for not more than three years, or by imprisonment in a jail or house of correction for not more than one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 105a - Self-Service Storage Facilities › Section 2 - Rental Agreements; Residential Use Prohibited

Section 2. The operator may only lease space in a self-service storage facility by entering in to a rental agreement with an occupant.
An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.
An occupant may not use a leased space for residential purposes.