Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 55 (2026)

Appeal

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 55. A claimant whose claim is not allowed as aforesaid, and the person complained against, shall each have the same right of appeal to the superior court as if he had been convicted of crime; but before his appeal is allowed he shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient surety or sureties, to prosecute his appeal to the superior court and to abide the sentence of the court thereon. Upon such appeal, any question of fact shall be tried by a jury. On the judgment of the court after verdict, whether a forfeiture of the whole or any part of the alcoholic beverages and vessels seized, or otherwise, similar proceedings shall be had as are directed in the five preceding sections.

Notes of Decisions
Cited in 2 cases, 1923–1927 · leading case: Commonwealth v. Slavski, 140 N.E. 465 (Mass. 1923).
Commonwealth v. Slavski, 140 N.E. 465 (Mass. 1923). “The bill of exceptions states that the only evidence offered “ to prove the alcoholic contents of the ‘ moonshine ’ were four certificates ” in the form prescribed by G. L. c. 138, § 55, signed by the analyst of the department of health of analyses made pursuant to § 54 of the…”
Commonwealth v. Stoler, 156 N.E. 71 (Mass. 1927). · cites it 2× “There was evidence that a police officer, one Conroy, seized liquor on the defendant’s premises and delivered it to the sergeant, Curran, in charge of the liquor squad of his station; that Curran on the same day transmitted samples of the liquid to the department of public…”
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