M.G.L.A. 93 § 28A

§ 28A. Removal or termination sales

(1) The following words, as used in this section, shall have the following meanings:--

 “Person” shall include any natural person, corporation, trust, partnership, incorporated or unincorporated association, assignees under voluntary assignments for the benefit of creditors or insurers, persons required by law to sell personal property, or any other legal entity, but shall not include any executors, administrators, guardians, conservators, receivers, sheriffs, deputy sheriffs, constables, collectors of taxes, or those persons conducting a sale in accordance with sections eighteen to twenty-one, inclusive, of chapter one hundred, all acting in their capacity as such.

 “Removal sale” shall include any sale by any person of a stock of goods, wares, or merchandise under the designation of “lost our lease”, “must vacate”, “forced out”, or any designation signifying cessation of the business by such person only at the sale location.

 “Termination sale” shall include any sale by any person of a stock of goods, wares, or merchandise under the designation of “closing out”, “going out of business”, “discontinuing business”, “selling out”, “retirement sale”, or any designation signifying cessation of business by such person at all locations within the commonwealth, provided that a seller may use the words “manufacturer's closeout” where there has been an actual discontinuance by a manufacturer of a model or line of merchandise and where a seller is not otherwise engaged in a removal or termination sale.

 (2) No person shall conduct a removal or termination sale in any city or town at any place, without having first paid the fee provided by clause (69) of section thirty-four of chapter two hundred and sixty-two and filed with the clerk of any such city or town with a copy thereof to the attorney general at least three days prior to the opening of such sale the following:--

 (a) A complete and detailed inventory, signed by the owner under the penalties of perjury, which inventory shall include:

 (i) A list of all items to be included in such sale which shall consist of only the goods, wares and merchandise actually in the place of business wherein or whereat such sale is to be conducted, at the opening of such sale, describing same by name or kind and the quantity of each thereof, and

 (ii) Whether or not previously listed, a listing separately in the same manner of any goods, wares and merchandise to be included in such sale which had been purchased during a sixty day period immediately prior to the filing of the inventory, and

 (b) A good and sufficient bond, payable to the city or town, in the penal sum of one thousand dollars, with sureties approved by the mayor or selectmen or by a justice of the district court in whose judicial district is situated the city, town or ward in which such sale is to be conducted, conditioned upon compliance with this section. Every bond given in connection with any such sale shall be kept by the clerk of the city or town until the expiration of three years from the final date of such sale as filed as aforesaid, and shall then be surrendered to the principal if he has so requested, otherwise to one of the sureties; provided, however, that if at the expiration of said three years such clerk has reason to believe a pending action relates to such bond, he shall retain such bond until final disposition of such action.

 (3) No person shall advertise a removal or termination sale unless such sale is for the purpose designated in the advertising of such sale.

 (4) No person, in the course of a removal or termination sale, shall offer any goods, wares, or merchandise purchased on consignment or not in the usual course of business for resale on bona fide orders without cancellation privileges, nor shall such stock of goods include any items purchased for the purpose of selling same at such sale or any items not listed in the inventory for such sale. Any unusual addition to the stock made within sixty days prior to the filing of the inventory shall be prima facie evidence that such addition was made in contemplation of such sale and for the purpose of selling same at such sale.

 (5) No person shall conduct a removal or termination sale if the owner, or partnership or corporation with which he is associated in such business, has conducted a removal sale at the same location within two years prior to the date of the subsequent sale or has conducted a termination sale at the same location or elsewhere in the commonwealth within two years prior to the date of the subsequent sale.

 (6) No person shall conduct a removal sale if any means have been established by the owner for continuation of the business at the same location at the conclusion of such sale.

 (7) No person shall conduct a termination sale if any means have been established by the owner for continuation of the business by the same owner, directly or indirectly, by partnership, corporation or otherwise under the same name or under a different name, at the same location, or elsewhere within the commonwealth.

 (8) No person shall conduct a removal or termination sale for a period of more than sixty days from the opening of such sale.

 (9) No person shall advertise a removal or termination sale without prominently stating the final date of said sale and that the sale includes no goods other than those listed in the inventory as required by this section, and all such advertising shall be confined to or refer only to the address and place of business specified in the inventory which is to be discontinued.

 (10) No person shall make a sale of any of the goods, wares and merchandise previously offered in the course of a removal or termination sale except in bulk to a new owner.

 (11) Every inventory and all other records required by this section to be filed with the city or town clerk and the attorney general shall be a public record as provided in clause Twenty-sixth of section seven of chapter four.

 
 
  • TITLE VI  COSTS AND FEES
  • CHAPTER 262 FEES OF CERTAIN OFFICERS
  • Section 34Town clerks; enumeration of fees
 

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.



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