Mass. Gen. Laws » Part I Title XX Chapter 139
Massachusetts General Laws

Mass. Gen. Laws ch. 139, § 9 (2026)

Decree for permanent injunction; sale of furniture; order closing building used for prostitution

✓ current as of July 2026
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Section 9. If upon subsequent hearing the existence of the nuisance shall be established, the court shall enter a decree permanently enjoining the maintenance thereof, including in such decree an order of abatement directing the sheriff of the county or his deputy to enter the building or place where the nuisance existed and to sell all furniture, musical instruments and movable property used in maintaining the nuisance, in the manner provided for the sale of chattels under execution, and to remove the same. If it shall appear that the bill of complaint was filed five or more days after notice to the record owner of the premises, and that he did not proceed forthwith to enforce his rights under section nineteen, such order of abatement shall further direct the effectual closing of the building or the place and the prohibition of its use for any purpose for one year, unless sooner released as provided in section eleven. For the purpose of proving the existence of the nuisance the general reputation of the place shall be admissible as evidence.

Notes of Decisions
Cited in 4 cases, 1925–1978 · leading case: Commonwealth v. United Food Corp., 374 N.E.2d 1231 (Mass. 1978).
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Commonwealth v. United Food Corp., 374 N.E.2d 1231 (Mass. 1978). · cites it 3× “He further directed the sheriff “forthwith to take possession of these premises and sell the furniture, fixtures, musical instruments and moveable property used in maintaining the nuisance in the manner provided by G.L. c. 139, § 9.” 1 The judgment was stayed, on certain…”
Johnson v. Martignetti, 375 N.E.2d 290 (Mass. 1978). “They point out that the language of the order is phrased similarly to that of G. L. c. 139, § 9, 4 which section is specifically inapplicable to actions brought *794 under § 16A.”
Opinion of the Justices to the Senate & the House of Representatives, 147 N.E. 681 (Mass. 1925). “A pertinent illustration of this principle is found in G. L. c. 139, § 9, whereby the owner of real estate, on which a nuisance is maintained by his tenant, may be put to severe property loss under specified conditions.”
Reale v. Judges of the Superior Court, 163 N.E. 893 (Mass. 1928). · cites it 2× “The provision of G. L. c. 139, § 9, that if “upon a subsequent hearing the existence of the nuisance shall be established, the court shall enter a decree permanently enjoining the maintenance” of such a nuisance, including in such decree an order of abatement directing the…”
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