§ 34 — Town clerks; enumeration of fees

Massachusetts § 34

• Jurisdiction: Massachusetts
• Part III: COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
• Title VI: COSTS AND FEES
• Ch. 262: FEES OF CERTAIN OFFICERS

Text

Section 34. Unless otherwise established in a town by town meeting action and in a city by city council action; and in a town with no town meeting by town council action, by adoption of appropriate bylaws and ordinances to set such fees, the fees of city and town clerks shall be as follows:—(1) For filing and indexing assignment for the benefit of creditors, two dollars.(2) For recording assignment of future wages or salary, one dollar.(3) For filing attachment of bulky personal property, one dollar.(4) For filing dissolution of attachment of bulky personal property, fifty cents.[There are no clauses (5) to (10).]

(11) For entering amendment of a record of the birth of a child born out of wedlock, subsequently legitimatized, two dollars.

(12) For correcting errors in a record of birth, two dollars.

(13) For furnishing certificate of a birth, two dollars.

(13A) For furnishing an abstract copy of a record of birth, one dollar.

(14) For entering delayed record of birth, two dollars.

(15) For filing bond to cover the risk of damage from all blasting operations, a permit for which is granted under the provisions of section nineteen of chapter one hundred and forty-eight, one dollar.

(16) For filing bond conditioned upon the payment of any judgment for damage or injury resulting from the storage or manufacture of fireworks as provided by section forty of chapter one hundred and forty-eight, one dollar.

[There are no clauses (17) to (19).]

(20) For filing certificate of a person conducting business under any title other than his real name, one dollar.

(21) For the filing by a person conducting business under any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or withdrawal from, or of a change of location of, such business, fifty cents.

(22) For furnishing certified copy of certificate of person conducting business under any title other than his real name, or a statement by such person of his discontinuance, retirement or withdrawal from such business, fifty cents.

(23) For issuing a warrant to disinterested persons as provided by section thirty-six of chapter forty-nine to determine amount due from owner of beasts for the damages, costs and expenses for which they have been impounded or detained, fifty cents.

(24) For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the commonwealth, one dollar.

(25) For certifying copies of any records or registries of a church, parish, religious society, monthly meeting of the people called Friends or Quakers, deposited in his office, one dollar per page.

[There is no clause (26).]

(27) For receiving records of proprietors of common property after final division of their common property as provided in section fifteen of chapter one hundred and seventy-nine, five dollars.

(28) For making and certifying copies of records of common proprietors deposited under the provisions of section fifteen of chapter one hundred and seventy-nine, one dollar per page.

(29) For correcting errors in a record of death, two dollars.

(30) For furnishing a certificate of death, two dollars.

(30A) For furnishing an abstract copy of a record of death, one dollar.

(31) For recording attested copy of order and certificate of the clerk of the department of telecommunications and energy granting a location for a line for the transmission of electricity under the provisions of section twenty-eight of chapter one hundred and sixty-six, five dollars.

(32) For furnishing attested copies of order and certificate of the clerk of the department of telecommunications and energy granting a location for a line for the transmission of electricity under the provisions of section twenty-eight of chapter one hundred and sixty-six, one dollar per page.

(33) For recording assignment by fence viewers upon determination of a dispute as to a partition fence, one dollar.

(34) For recording attested order and certificate of the clerk of the department of telecommunications and energy granting a location to a gas company under the provisions of section seventy A of chapter one hundred and sixty-four, five dollars.

(35) For furnishing attested copies of order and certificate of the clerk of the department of telecommunications and energy granting a location to a gas company under the provisions of section seventy A of chapter one hundred and sixty-four, one dollar per page.

(36) For receiving and recording an order by the metropolitan district commission granting locations in boulevards under its control to street railways, electric railroads and gas and electric companies, or extension, alteration or revocation of the same, five dollars.

[There are no clauses (37) to (42).]

(43) For entering certificate of marriage filed by persons married out of the commonwealth, two dollars.

(44) For issuing certificate of marriage, two dollars.

(44A) For furnishing an abstract copy of a record of marriage, one dollar.

(45) For correcting errors in a record of marriage, two dollars.

[There are no clauses (46) to (53).]

(54) For recording power of attorney, one dollar.

(55) For recording lien on vessel for labor performed, material used or labor and materials furnished in the construction, launching or repairs thereof, or in the construction of launching ways for, or for provisions, stores or other articles furnished for or on account of such vessel in the commonwealth, one dollar per page but not less than three dollars.

[There is no clause (56).]

(57) For recording certificate of registration granted to a person to engage in the practice of optometry, or issuing a certified copy thereof, one dollar.

(58) For recording the name of the owner of a certificate of registration as a physician or osteopath in the commonwealth, one dollar.

(59) For filing notice of intention to claim a right of action for material furnished and actually used in constructing a railroad or railway as provided by section ninety-eight of chapter one hundred and fifty-nine, one dollar.

(60) For filing written statement of amount of debt due a person for labor performed in the construction of a railroad or railway as provided by section ninety-nine of chapter one hundred and fifty-nine, one dollar per page.

(61) For filing statement of amount of debt due for labor performed in constructing a building, sewer or drain or water works or other public works owned by a city or town under a contract with any person having authority from or rightfully acting for such city or town in furnishing labor, one dollar.

(62) For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase of number of wires and cable or attachments under the provisions of section twenty-two of chapter one hundred and sixty-six, three dollars, and fifty cents additional for each street or way included in such order.

(63) For filing by a person engaged in manufacturing or selling beverages a description of his name used with the word ''registered'' in vessels or boxes used by him, one dollar.

(64) Unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, the fee for filing by a person engaged in buying, selling or dealing in milk or cream in cans or who uses cans, tubs or cabinets in the sale or storage of frozen desserts and/or ice cream mix with his name and the word ''registered'' produced thereon, a description of the name so used by him, shall be one dollar, but in no event shall any such fee be greater than five dollars.

[There is no clause (65).]

(66) For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than two dollars.

(67) For copying any manuscript or record pertaining to a birth, marriage or death, two dollars per page.

(68) For recording petition for the construction of roads to low land, ponds, swamps, quarries, mines or mineral deposits, and order thereon, one dollar per page.

(69) For receiving and filing of a complete inventory of all items to be included in a ''closing out sale'', ''going out of business sale'', ''discontinuance of business sale'', ''selling out'', ''liquidation'', ''lost our lease'', ''must vacate'', ''forced out'', or other designation of like meaning, one dollar per page.

[There are no clauses (70) or (71).]

(72) For the registration of a stallion kept for breeding purposes, fifty cents.

[There is no clause (73).]

(74) For filing notice by owner or lessee of a tenement house in towns under the provisions of section fifty-nine of chapter one hundred and forty-five, one dollar.

(75) For filing a copy of written instrument or declaration of trust by the trustees of an association or trust, or any amendment thereof, as provided by section two of chapter one hundred and eighty-two, five dollars.

(76) For registering vessels used for sale of milk as provided by section forty-five of chapter ninety-four, one dollar.

[There is no clause (77).]

(78) For recording deed of lot or plot in a public burial place or cemetery, one dollar.

(79) For recording any paper not specifically named herein, the fee shall, unless otherwise provided, be one dollar per page. If a paper contains the names of more than two parties, an additional fee of twenty-five cents each shall be charged for indexing the names of additional parties.

The schedule of fees for city and town clerks as established by this section shall be posted in a conspicuous place in the office of every such clerk.