Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 5 of chapter 239 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

A party may make a motion to waive the appeal bond provided for in this section if he is indigent as provided in section twenty-seven A of chapter two hundred and sixty-one. Such motion shall, together with a notice of appeal and any supporting affidavits, be filed within the time limits set forth in this section. The court shall waive the requirement of such bond or security if it is satisfied that the person requesting the waiver has any defense which is not frivolous and that he is indigent as provided in section twenty-seven A of chapter two hundred and sixty-one. The court shall require any person for whom the bond or security provided for in the third paragraph has been waived to pay in installments as the same becomes due, pending appeal, all or any portion of any rent which shall become due after the date of such waiver. No court shall require any such person to make any other payments or deposits. The court shall forthwith make a decision on the motion. If such motion is made, no execution shall issue until the expiration of six days from the court's decision on the motion or until the expiration of the time specified in this section for the taking of appeals, whichever is later.