14 sections in this chapter.
Mass. Gen. Laws ch. 257, § 1 Persons authorized
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Section 1. Property which has been forfeited for an offence may, if no other provision is made, be seized by a person entitled to enforce the forfeiture or, except as otherwise provided, by a police officer or constable of the town where the forfeited property is found, and shall…
Mass. Gen. Laws ch. 257, § 10 Costs; allowance
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Section 10. In all other cases the court shall award costs to the prevailing party or may order the costs and charges of keeping and selling the property or any part thereof to be paid out of the proceeds.
Mass. Gen. Laws ch. 257, § 11 Delivery of property to claimant; conditions precedent
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Section 11. Property which is alleged to have been forfeited may after its seizure be delivered to the owner or a person entitled to claim the same, upon his giving to the person who made the seizure a bond in double the value of the property, with sufficient surety, conditioned …
Mass. Gen. Laws ch. 257, § 12 Appraisal; application of claimant
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Section 12. The value of the property shall be determined by three disinterested persons appointed by the parties or by a justice of the peace to whom the claimant applies therefor, or, if the appraisal is made after the libel has been filed, by the court before whom it is pendin…
Mass. Gen. Laws ch. 257, § 13 Appraisal; application of person making seizure
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Section 13. The person who makes the seizure shall forthwith, unless an application for an appraisal has been made by a claimant, apply to a justice of the peace, who shall appoint three disinterested persons to make an inventory and appraisal of the property seized. Such apprais…
Mass. Gen. Laws ch. 257, § 15 Perishable goods; sale
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Section 15. If appraisers appointed under section thirteen certify that property so seized is perishable and likely to depreciate in value by being kept, any district court may order a sale by auction of such property at such time and after such notice as the order, which shall b…
Mass. Gen. Laws ch. 257, § 2 Libel; contents; time for filing
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Section 2. The person who makes the seizure shall, within fourteen days thereafter, file a libel in the superior court or in a district court, stating briefly the cause of the seizure without the details, and praying for a decree of forfeiture.
Mass. Gen. Laws ch. 257, § 3 Libel; jurisdiction and venue
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Section 3. A libel may be brought either in the superior court in the county where the offence was committed, or in a district court having jurisdiction of the offence.
Mass. Gen. Laws ch. 257, § 4 Superior court; notice of libel
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Section 4. Upon the filing of a libel in the superior court, the clerk shall issue an order of notice, stating briefly the substance of the libel, which the libellant shall cause to be published twice at least in a newspaper published in the county, the first publication to be no…
Mass. Gen. Laws ch. 257, § 5 District court; notice of libel
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Section 5. If the libel is filed in a district court the court shall issue an order of notice, stating briefly the substance of the libel and the time and place appointed for the hearing, which the libellant shall cause to be posted in a public place within the jurisdiction of su…
Mass. Gen. Laws ch. 257, § 6 Proceedings
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Section 6. The libel shall be entered and conducted as a civil action; and if after notice no claimant appears, the court shall, upon a hearing, decree a forfeiture, restoration or other appropriate disposition of the property. If a claimant appears, he may allege and answer any …
Mass. Gen. Laws ch. 257, § 7 Decree
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Section 7. If the libellant maintains his action, the court shall decree a forfeiture and sale of the property and a distribution of the proceeds, or other appropriate disposition thereof. If he fails to maintain it, the court shall decree a restitution of the property to the cla…
Mass. Gen. Laws ch. 257, § 8 Proceeds of sale; disposition
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Section 8. If property is sold under such decree, the proceeds shall be applied under the direction of the court to the payment of the expenses of the seizure, prosecution and sale; and in default of any other provision for the disposition of the residue, it shall be paid to the …
Mass. Gen. Laws ch. 257, § 9 Seizure without probable cause; damages; costs
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Section 9. If it is found that the seizure was groundless and without probable cause, reasonable damages shall be assessed for the claimant, and the court shall render judgment for such damages with costs.