Massachusetts Statutes

Section 39. The probate court may request the district attorney for the district where it is held to attend the examination under the preceding section, and to conduct or assist in conducting the examination. If the court is unable to obtain satisfactory information, or to satisf…

Section 4. The court or magistrate to whom the petition is presented shall, without delay, issue a writ of habeas corpus, substantially in the form heretofore established and used in the commonwealth, and returnable forthwith to the supreme judicial court, or a justice thereof, a…

Section 40. The fees for the service of process and notices and for summoning witnesses shall, upon the approval of the court or district attorney, be paid by the commonwealth if the petitioner is not able to pay them.

Section 5. If the imprisonment or restraint is not by a sheriff, deputy sheriff or jailer, the writ shall be in the following form: Commonwealth of Massachusetts. (Seal.) To the sheriffs of our several counties and to their respective deputies, Greeting. We command you that the b…

Section 6. If the writ is issued by the court when sitting for the transaction of business, it shall be signed, by hand or electronically, by the clerk, otherwise by the magistrate issuing it, and may be served in any county by any sheriff or deputy sheriff.

Section 7. The person who has the custody of the prisoner may be designated by his office or by his own name, or, if they are unknown or uncertain, he may be described by a fictitious name and the person upon whom the writ is served shall be held to be the person intended.

Section 8. The person restrained shall be designated by name, if known; otherwise, he may be so described as to identify him.

Section 9. If the person restrained is confined in jail or is in the custody of a civil officer, the court or magistrate granting the writ shall certify thereon the amount to be paid for the expense of transporting him from the place of imprisonment, and the officer shall not be …

Section 13. This chapter shall not affect the duty of the attorney general to proceed in all cases in which he might otherwise act.

Section 4. A civil action in the nature of certiorari to correct errors in proceedings which are not according to the course of the common law, which proceedings are not otherwise reviewable by motion or by appeal, may be brought in the supreme judicial or superior court or, if t…

Section 4A. If a defendant in an action authorized by section four is a board or commission or voluntary association having a chairman or other presiding officer, secretary or clerk, by whatever official title he is called, service upon one of such persons shall be sufficient, ot…

Section 5. A civil action to obtain relief formerly available by writ of mandamus may be brought in the supreme judicial or superior court or, if the matter involves any right, title or interest in land, or arises under or involves the subdivision control law, the zoning act, or …

Section 6. A person whose private right or interest has been injured or put in hazard by the exercise of a franchise or privilege not conferred by law, by a private corporation or by persons claiming to be a private corporation, whether he is a member of such corporation or not, …

Section 7. The attorney general may intervene in such action and may demand a judgment of fine and forfeiture.

Section 8. If the court finds that the defendant has not exercised a franchise or privilege not conferred by law, he shall recover costs. If the attorney general does not intervene, and the court finds that the respondent has exercised a franchise or privilege not conferred by la…

Section 9. The supreme judicial and superior courts shall have like jurisdiction of civil actions brought by the attorney general against a person holding or claiming the right to hold an office or employment, the salary or compensation of which is payable by the commonwealth, a …

Section 13. Upon a proceeding to reverse or avoid a conviction of crime or to obtain the discharge of a person who is held in custody thereunder, the fact that the person was under the age of 18 at the time of the conviction shall not affect the validity of the conviction nor ent…

Section 1. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties shall be valid, enforceable and irrevocable, save upon such grounds as exist at la…

Section 10. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

Section 11. Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections twelve and thirteen.

Section 12. (a) Upon application of a party, the court shall vacate an award if:— (1) the award was procured by corruption, fraud or other undue means; (2) there was evident partiality by an arbitrator appointed as a neutral, or corruption in any of the arbitrators, or misconduct…

Section 13. (a) Upon application made within thirty days after delivery of a copy of the award to the applicant, the court shall modify or correct the award if:— (1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing or pr…

Section 14. Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursemen…

Section 15. Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notic…

Section 16. The term ''court'' means any court of competent jurisdiction of this state. The making of an agreement described in section one providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment …

Section 17. An initial application shall be made to the superior court for the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county …

Section 18. (a) An appeal may be taken from:— (1) an order denying an application to compel arbitration made under paragraph (a) of section two; (2) an order granting an application to stay arbitration made under paragraph (b) of section two; (3) an order confirming or denying co…

Section 19. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Section 2. (a) A party aggrieved by the failure or refusal of another to proceed to arbitration under an agreement described in section one may apply to the superior court for an order directing the parties to proceed to arbitration. If the opposing party denies the existence of …

Section 2A. A party aggrieved by the failure or refusal of another to agree to consolidate one arbitration proceeding with another or others, for which the method of appointment of the arbitrator or arbitrators is the same, or to sever one arbitration proceeding from another or o…

Section 3. If the arbitration agreement provides a method of appointment of arbitrators, such method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator appointed fails or is unable to act and his succ…

Section 4. The powers of the arbitrators may be exercised by a majority thereof unless otherwise provided by the agreement or by this chapter.

Section 5. Unless otherwise provided by the agreement:— (a) The arbitrators shall appoint a time and place for the hearing and cause written notice to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing s…

Section 6. A party shall have the right to be represented by an attorney at any proceeding or hearing under this chapter, notwithstanding any waiver of such right prior to the proceeding or hearing.

Section 7. (a) The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the c…

Section 8. (a) The award shall be in writing and signed by the arbitrators concurring in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered mail, or as provided in the agreement. (b) An award shall be made within the time fixed …

Section 9. Upon application of a party or, if an application to the court is pending under sections eleven, twelve or thirteen, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the gro…

Section 1. If it is necessary or useful (1) to drain or flow a meadow, swamp, marsh, beach or other low land held by two or more proprietors, or (2) to remove obstructions in rivers or streams leading thereto or therefrom, or (3) to eradicate mosquitoes in any area infested there…

Section 10. The district may vote to adopt any of the three methods of financing hereinafter specified. (1) If all the members of the district agree, the district may raise by assessments upon the proprietors or by voluntary contributions and deposit with the state treasurer the …

Section 11. The clerk of the district shall certify to the assessors of the town or towns in which the land of the district lies all sums of money voted to be raised and all sums payable annually on account of the principal and interest due on bonds or notes issued under the prov…

Section 12. If sections one to seven, inclusive, have been complied with, and payment of the expense of the improvements has been arranged under section nine or ten, the commissioners shall carry out said improvements in such manner as the board may approve. The commissioners may…

Section 13. If the commissioners find it necessary or expedient to lower or raise the water to obtain a view of the land or for the more convenient or expeditious removal of obstructions, they may open the flood gates of any mill or make other needful passages through or around t…

Section 14. The commissioners shall at least once a month at such time as the board may require submit to it the accounts and vouchers for expenses incurred in meeting the cost of required improvements under sections one to fourteen B, inclusive. Such accounts and vouchers shall …

Section 14A. A reclamation district organized under this chapter may from time to time at a legal meeting called for the purpose, vote to undertake further improvements within the district, to raise money by assessment to meet the expense thereof and to incur debt therefor in the…

Section 14B. No person obtaining an additional water power or water supply by the doing of any work contemplated by sections one to fourteen B, inclusive, shall gain a prescriptive right to the use thereof, nor be entitled to any compensation for the taking thereof under said sec…

Section 14C. Whoever obstructs or injures any ditch, tide gate, dike or other structure constructed or used for any purpose authorized by any provision of sections one to fourteen B, inclusive, shall be punished by a fine of not less than ten dollars. The state reclamation board …