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:

Chapter 262 of the General Laws is hereby amended by striking out section 8, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 8. The fees of sheriffs, deputy sheriffs and constables shall be as follows:

A. For the service of civil process:

(1) For service of an original summons, trustee process, subpoena or scire facias, either by reading it or by leaving a copy thereof, ten dollars for each defendant upon whom service is made, except as herein otherwise provided.

(2) For service of an original summons and complaint for divorce or for any other service required to be served in hand, fifteen dollars for each defendant upon whom service is made.

(3) For attestation of each copy of a writ, precept or process, except, as herein otherwise provided, two dollars.

(4) If the officer by the direction of the plaintiff or his attorney makes a special service of a writ or precept, either by attaching personal property or arresting the body, he shall be entitled to one dollar for each defendant upon whom the writ is so served, and four dollars additional for custody of the body arrested, and at the same rate for each day during which he has such custody. If the officer employs an assistant in the arrest of the body, he shall be entitled to three dollars a day for such assistant.

(5) For the custody of personal property attached, replevied or taken on execution, not more than twenty-five dollars for each day of not more than eight hours for the keeper while he is in charge, and not more than ten dollars a day for the officer for a period not longer than ten days; but the officer may be allowed a greater compensation for himself or his keeper, or compensation for a longer period, by the consent of the plaintiff, or by order of the court upon a hearing. He shall also be entitled to expenses for packing, labor, teaming, storage and taking and preparing a schedule of property attached, replevied or taken on execution, if he certifies that such expenses were necessary and are reasonable.

(6) For an attachment on mesne process of land or of any leasehold estate, ten dollars for each defendant against whom an attachment is made, twenty-two cents a mile each way for travel from the place of service to the registry, and his fee for the copy deposited in the registry of deeds or land court, together with the recording fees actually paid.

(7) For a special attachment of real estate, five dollars additional for each person against whom an attachment is made.

(8) For the service of a writ of replevin: for seizure of property, five dollars for each defendant; securing and swearing appraisers, four dollars, and the actual amount paid to appraisers, as hereinafter provided; examining and approving sureties, three dollars; delivery of property replevied, three dollars; for each service, three dollars for each copy, at the rate hereinbefore provided for copies of writs, precepts or other processes.

(9) For a levy on real estate:

(a) For preparing and serving notice of sale, a fee not to exceed twenty-five dollars, plus travel.

(b) For posting notices of sale, ten dollars, plus travel.

(c) The necessary expenses of advertising.

(d) For the sale of land or of any leasehold estate, ten dollars.

(e) For preparing, executing and acknowledging deed, twenty-five dollars.

(f) For travel, twenty-two cents a mile each way from the place where he receives the execution to the office of the register of deeds, and his fee for the copy.

(10) For a sale of personal property on mesne process or on execution the following:

(a) For service of a copy of notice to appoint appraisers, four dollars for each person upon whom service is made.

(b) The necessary expenses of taking and preparing a schedule of property proposed to be sold.

(c) For attendance upon and swearing appraisers, five dollars.

(d) The amount actually paid to appraisers as hereinafter provided.

(e) For preparing and posting notice of a proposed sale, ten dollars, plus travel.

(f) The necessary expenses of keeper, labor and advertising.

(g) For custody of property, four dollars a day.

(h) For services as auctioneer, or for services of an auctioneer in selling property, a fair and reasonable amount.

(i) If the sale is made on execution, poundage may be charged as hereinafter provided.

(j) The fair compensation for the services of an appraiser shall not be more than fifteen dollars for each day's service, but the officer may be allowed a greater compensation for the appraisers by an order of the court.

(k) For each adjournment of sale of real or personal property, five dollars.

(11) For taking bail and furnishing and writing the bail bond, one dollar, which shall be paid by the defendant, and taxed in his bill of costs, if he prevails.

(12) For serving an execution in a personal action by copy and demand on debtor or on trustee, ten dollars and travel, if the execution is not collected in whole or in part; for serving an execution in a personal action, and collecting damages or costs on an execution, warrant of distress or other like process, for an amount not exceeding one hundred dollars, four cents for every dollar; all above one hundred dollars, and not exceeding five hundred dollars, two cents for every dollar; and all above five hundred dollars, one cent for every dollar; but such percentage shall be allowed only upon the amount actually collected. A levy of the execution upon his body shall be considered, so far as the fees of the officer are material, a full satisfaction of the execution if the debtor has recognized with surety or sureties as required by law.

(13) For serving a writ of seisin or possession in a real action, eight dollars for each parcel.

(14) For serving an execution upon a judgment for partition, or for assignment of dower or curtesy, one dollar a day.

(15) For serving a writ of capias, a writ of habeas corpus, a writ of ne exeat, or other process of civil arrest in a civil proceeding, twenty-five dollars, plus, upon consent of the plaintiff or upon order of the court, a greater compensation which may include the services of an assistant if necessary, plus travel.

(16) For serving a venire or notice to jurors for attendance upon any court, civil or criminal, four dollars for each person upon whom service is made.

(17) For summoning witnesses, ten dollars for each person upon whom service is made, and one dollar for each copy served, together with the fee paid to the witness.

(18) For dispersing treasurer's process warrants and proclamations of all kinds, two dollars each.

(19) For travel in the service of original writs, executions, warrants, summonses, subpoenas, notices and other processes, twenty-two cents a mile each way, to be computed from the place of service to the court or place of return; and if the same precept, or process is served upon more than one person, the travel shall be computed from the most remote place of service, with such further travel as was necessary in serving it; if the distance from the place of service to the place of return exceeds twenty and does not exceed fifty miles, twenty-two cents a mile one way only shall be allowed for all travel exceeding twenty miles, and, if it exceeds fifty miles, only four cents a mile one way shall be allowed for all travel exceeding that distance.

(20) For travel in the service of venires and notices to jurors, twenty-two cents a mile for the distance actually traveled.

(21) For posting warrants, for notifying town meetings or for other purposes, three dollars for each copy posted together with twenty-two cents a mile for the distance actually traveled.

B. For the service of criminal process:

(1) For serving a warrant of capias in a criminal proceeding, twenty-five dollars, plus, upon consent of the plaintiff or upon order of the court, a greater compensation which may include the services of an assistant if necessary, plus travel, and of a summons upon the defendant, ten dollars, for each person upon whom the same is served.

(2) For a copy of a mittimus, warrant or other precept required by law in criminal cases, two dollars.

(3) For service of a witness, summons or subpoena in criminal cases, ten dollars plus travel in the amount of twenty-two cents a mile each way for a distance of not more than twenty miles, and for any excess over twenty miles, five cents a mile each way, and no more. The distance shall be computed from the most remote place of service to the place of return, but upon a subpoena the court shall reduce the fee for travel to a reasonable amount for the service performed if the travel charged has not been actually performed by the officer who made the service.

(4) For service of an order of notice under chapter two hundred and seventy-three A, ten dollars.