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The 189th General Court of the Commonwealth of Massachusetts

Section 11: Judges; inspection of records; forfeiture of bonds of registers; notice

Section 11. Judges of probate shall semi-annually inspect the doings of the registers of their courts, and see that the records and files are made up seasonably and kept in good order; and if the records are left incomplete for more than six consecutive months, such neglect, unless caused by illness or casualty, shall be adjudged a forfeiture of the bond of the register. In case of any neglect causing a forfeiture of the bond of the register or assistant register, the judge shall forthwith give written notice thereof to the state treasurer, who shall thereupon cause the bond to be put in suit; and the amount recovered in such suit shall be applied to the expense of making up the deficient records under the direction of the court in whose records the deficiency exists, and the surplus, if any, shall be carried into the account of such treasurer. This section shall not exempt registers or assistant registers from an action for any other breach of their bond, or from other liability for neglect or misconduct in office.