Massachusetts Statutes

Section 49. The right of redeeming land taken on execution may be taken and sold on another execution, in like manner as the right of redeeming mortgaged land may be taken and sold; and the debtor and those claiming under him may redeem the right sold under such second execution …

Section 49A. If a levy on execution shall not have been completed by set-off under the provisions of sections six to twenty-three, inclusive, or by sale under the provisions of sections twenty-six to thirty, inclusive, within six years from the date on which notice of the executi…

Section 5. The register shall note on every such copy the day, hour and minute when received, and record it in his office. He shall enter in the indexes provided for in chapter thirty-six the name or names of the plaintiff and defendant as stated in the copy, the time when execut…

Section 50. If, before an execution which has been levied on land is returned and recorded, it appears that there is a defect or error in the proceedings which would defeat the levy, or that the land levied upon cannot be held thereby, the creditor may waive the levy, which shall…

Section 51. If, after the return of an execution, it appears to the creditor that the land levied on, or any part thereof, cannot be held thereby, he may move the court which issued the execution to order the debtor to appear and show cause why another execution should not be iss…

Section 52. If at the hearing the court finds that a part only of the land levied on is held thereby, a warrant may be issued, if the creditor so requires, to an officer qualified to serve the execution, requiring him to cause the part held thereby to be appraised at its value wh…

Section 53. Land of a deceased person which has not been sold and conveyed, by deed duly recorded, by the executor or administrator of such deceased person under a license from the probate court or under a power of sale contained in the will of the deceased, may be taken on execu…

Section 54. Land taken as provided in the preceding section may be redeemed by the executor, administrator, heir or devisee of the deceased, or by any person lawfully claiming under him or them, in like manner as if the land had been taken on an execution against the deceased in …

Section 6. The officer shall cause the land to be appraised by three disinterested persons, to be appointed, one by the creditor, one by the debtor whose land is taken or, if the debtor is absent from or does not reside in the commonwealth, by his agent or attorney if he has any …

Section 7. The appraisers shall be sworn, before a justice of the peace or the officer, faithfully and impartially to appraise the land shown to them as taken on the execution, shall, with the officer, view the same and shall make such examination of it as may be necessary to for…

Section 8. The value of the estate of the debtor shall be appraised as an estate in fee simple in possession, unless it is expressly stated in the description endorsed on the execution to be a less estate. All the freehold estate and interest which the debtor has in the land shal…

Section 9. If a right of redeeming mortgaged land is taken and set off on execution, the appraisers shall deduct the value of the encumbrance or the amount of the mortgage debt, when known, from the appraised value of the land, and the amount so deducted shall be stated in the re…

Section 1. The justices of the supreme judicial court, of the superior court, and of district courts may cause all laws made for the preservation of the public peace to be kept; and in the execution of that power may require persons to give security to keep the peace, or for thei…

Section 10. The justice sitting in the jury session may affirm the order or discharge the appellant, or may require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as it may order, and may make such order relative to the expenses of p…

Section 11. If the appellant fails to prosecute his appeal of an order of recognizance, his recognizance shall remain in full force and effect as to any breach of the condition, without an affirmation of the judgment or order of the court or justice, and shall also stand as secur…

Section 12. A person committed for not finding sureties, or for refusing to recognize as required, may be discharged upon giving such security.

Section 13. Upon a breach of the condition of a recognizance taken pursuant to the provisions of sections four to eleven, inclusive, an action thereon shall be commenced by the district attorney in the court in which the recognizance is then on file.

Section 14. Whoever, in the presence of a justice named in section one or before a court of record, makes an affray, or threatens to kill or beat another, or to commit any violence or outrage against the person or property of another, or contends with hot and angry words, to the …

Section 16. If, upon a suit brought on such recognizance, the penalty thereof is adjudged forfeited, the court may, upon petition of a defendant, remit such portion of it as it finds ought to be remitted.

Section 17. A surety in a recognizance to keep the peace, or for good behavior, or both, shall have the same authority and right to take and surrender his principal as if he were bail for him in a civil cause; and after such surrender shall be discharged from all liability for an…

Section 18. Whenever a person is convicted of a first offense under section 13B, 13F or 13H of chapter 265 or for a first offense for the attempt of any of the aforementioned crimes under section 6 of chapter 274, the district attorney, upon motion to the court, may request a hea…

Section 2. If complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writi…

Section 3. If, upon such examination, it is found there is just cause to fear that such crime may be committed, such court or justice shall issue a warrant, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to apprehend the person…

Section 4. If the person complained of is convicted, he may be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months. Instead of imposing sentence, the court or justice may order the person complained of to enter into a recognizan…

Section 5. If the person complained of so recognizes, he shall be discharged, but if he refuses or neglects so to do, he shall be committed to the jail or house of correction during the period for which he was required to give security, or until within that time he so recognizes,…

Section 6. If, upon such examination, it is found that there is not just cause to fear that such crime will be committed by the person complained of, he shall be forthwith discharged; and if it is found that the complaint is unfounded, frivolous or malicious, the complainant may …

Section 7. If a person is required to give security to keep the peace or for his good behavior, the court or justice may order him to pay the expenses of prosecution, or any part thereof, and that he shall stand committed until they are paid or he is otherwise legally discharged.

Section 8. Whoever having waived jury trial in accordance with the provisions of section twenty-six A of chapter two hundred and eighteen is aggrieved by an order of the Boston municipal court or the district court, requiring him to recognize as provided aforesaid, may, upon givi…

Section 9. The court or justice shall require such witnesses as may be necessary to support the complaint to recognize for their appearance at the jury session.

Section 1. A court or justice authorized to issue warrants in criminal cases may, upon complaint on oath that the complainant believes that any of the property or articles hereinafter named are concealed in a house, place, vessel or vehicle or in the possession of a person anywhe…

Section 10. The aldermen or the selectmen, if in their opinion the public good so requires, may offer a suitable reward of not more than five hundred dollars in any one case, to be paid by the town to any person who, in consequence of such offer, detects or secures a person who h…

Section 100. Every probation officer, or the chief or senior probation officer of a court having more than one probation officer, shall transmit to the commissioner of probation, in such form and at such times as he shall require, detailed reports regarding the work of probation …

Section 100A. Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation may, on a form furnished by the commissioner and signed under the penalties of perjury, request that the commission…

Section 100B. Any person having a record of entries of a delinquency court appearance in the commonwealth on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal…

Section 100C. In any criminal case wherein the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury, or a finding of no probable cause has been made by the court, the commissioner of probation shall seal said court appearance …

Section 100D. Notwithstanding any provision of section 100A, 100B, or 100C of this chapter, criminal justice agencies as defined in section 167 of chapter 6 shall have immediate access to, and be permitted to use as necessary for the performance of their criminal justice duties, …

Section 100E. As used in sections 100E through 100U, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Attorney general'', the attorney general of the commonwealth. ''Commissioner'', the commissioner of probation. ''Consumer…

Section 100F. (a) A petitioner who has not more than 2 records as an adjudicated delinquent or adjudicated youthful offender may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record or records; provi…

Section 100G. (a) A petitioner who has not more than 2 records of conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record or records; provided, however, that multiple offenses arising out…

Section 100H. (a) A petitioner who has not more than 2 records that do not include an adjudication as a delinquent, an adjudication as a youthful offender or a conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the com…

Section 100I. (a) The commissioner shall certify that a record or records that are the subject of the petition filed pursuant to section 100F, section 100G or section 100H are eligible for expungement provided that: (1) any offense resulting in the record or records that are the …

Section 100J. (a) No criminal record resulting from a disposition of the following offenses shall be eligible for expungement pursuant to section 100F, section 100G or section 100H: (1) any offense resulting in death or serious bodily injury; (2) any offense committed with the in…

Section 100K. (a) Notwithstanding the requirements of section 100I and section 100J, a court may order the expungement of a record created as a result of criminal court appearance, juvenile court appearance or dispositions if the court determines based on clear and convincing evi…

Section 100L. (a) Upon receipt of an order by a court pursuant to section 100F, section 100G, section 100H or section 100K the commissioner, the clerk of court where the record was created and the commissioner of criminal justice information services appointed pursuant to section…

Section 100M. No person whose record was expunged pursuant to section 100F, section 100G, section 100H or section 100K shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowl…