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The 192nd General Court of the Commonwealth of Massachusetts

Section 43: Hearing of contested cases; default of persons not appearing; reference to examiner; report; compensation of examiner

Section 43. If, in any case, an appearance is entered and answer filed, the case shall be set down for hearing on the motion of either party, but a default and order shall first be entered against all persons who do not appear and answer, in the manner provided in the preceding section. The court may refer the case or any part thereof to one of the examiners of title, as master, to hear the parties and their evidence, and make report thereof to the court. His report shall have the same effect as that of a master appointed by the superior court in equity, and he shall proceed according to the rules of said court applicable to masters, except as the same may be modified by the rules of the land court. The compensation of a master appointed under this section and of an examiner under section twenty-four shall be awarded by the court and shall be paid by the commonwealth, except that compensation may be awarded by the court in its discretion as a part of the taxable costs of the proceedings, in which case the compensation shall be paid as decreed by said court.