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The 193rd General Court of the Commonwealth of Massachusetts

Section 2: Notice to lender or claimant; contents; delivery requirements; notice by publication

Section 2. (a) A notice to a lender or claimant under this chapter shall contain:

(1) the lender's or claimant's name, if known;

(2) the lender's or claimant's address, if known;

(3) a description of the property on loan to the museum;

(4) the date of the loan, if known, or the approximate date the property came into the custody of the museum;

(5) the name of the museum; and

(6) the name, address and telephone number of the appropriate museum official or office to be contacted regarding the property.

(b) A notice mailed to a lender or claimant under this chapter shall be sent by certified mail, return receipt requested, to the lender's or claimant's address. Notice shall be deemed to have been provided if the museum receives, within 60 days of mailing the notice to the lender or claimant a return receipt indicating a completed delivery to the lender's or claimant's address. The date of a notice provided under this subsection shall be the date of delivery to the lender's or claimant's address, as identified in the return receipt.

(c) If notice to a lender or claimant is not given in accordance with subsection (b), or if, after a diligent search of its records, a museum does not know or cannot determine the lender's or claimant's identity or address, notice may be given by publication, in which case notice shall be published:

(1) at least once per week for 3 successive weeks in a newspaper of general circulation in the county or municipality in which the museum is located; and

(2) if the museum has in its records the lender's or claimant's address, at least once per week for 3 successive weeks in a newspaper of general circulation in the county or municipality in which the lender or claimant is located.

For purposes of this chapter, the date of notice given under this subsection shall be the date of the last published notice under either clause (1) or (2), whichever occurs later.