§ 37 — Bond; hearing on sufficiency of sureties

Massachusetts § 37

• Jurisdiction: Massachusetts
• Part III: COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
• Title IV: CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES
• Ch. 255: MORTGAGES, CONDITIONAL SALES AND PLEDGES OF PERSONAL PROPERTY, AND LIENS THEREON

Text

Section 37. Before the officer serving the writ delivers the goods to the plaintiff he shall take from the plaintiff, or from a person acting in his behalf, a bond payable to the defendant in such sum and with such surety or sureties as may be satisfactory to the defendant, or as may be approved by a justice of a district court or a master in chancery in the county where the action is brought. If the sureties are to be so approved, the officer who serves the writ shall give written notice to the defendant or to the person from whose custody the property has been taken, stating the time and place of hearing thereon and the names and residences of the proposed sureties, allowing not less than one hour before the time appointed for the hearing and at the rate of one hour additional for each mile of travel. The amount of the bond required shall not exceed twice the sum for which a lien is claimed by the defendant. If the defendant or his agent or attorney does not appear in person, and does not state in writing the amount of his claim, no bond shall be required.