Section 38: Publication of notice of filing of complaint

305 words·~1 min read·/ma/part-ii/title-i/chapter-185/38

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Section 38. Unless the plaintiff withdraws his petition within fourteen days of the notice of the filing of the examiner's report from the recorder, the recorder shall cause notice of the filing of the complaint to be published in a newspaper published in the district where any part of the land lies. The notice shall be issued by order of the court, attested by the recorder, and shall be in form substantially as follows:

COMMONWEALTH OF MASSACHUSETTS

Land Court

To (here insert the names of all persons known to have an adverse interest, and the adjoining owners and occupants so far as known), and to all whom it may concern:

Whereas a complaint has been presented to said court by (name or names and address) to register and confirm his (or their) title in the following described land (insert description).

If you desire to make any objection or defense to said complaint you or your attorney must file a written appearance and an answer under oath, setting forth clearly and specifically your objections or defense to each part of said complaint, in the office of the recorder of said court in Boston, (designation of location) or in the office of the assistant recorder of said court at the registry of deeds at ___ in the county of ___ where a copy of the plan filed with said complaint is deposited, on or before the ___ day of ___ next.

Unless an appearance is so filed by or for you, your default will be recorded, the said complaint will be taken as confessed and you will be forever barred from contesting said complaint or any judgment entered thereon.

Witness, , Esquire, judge of said court, this ___ day of ___ in the year nineteen hundred and .

Attest with the seal of said court .

Recorder.