Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 44 (2026)

Ships or vessels; conditions precedent

✓ current as of July 2026

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Section 44. No ship or vessel shall be attached in a civil action unless the plaintiff or a person on his behalf makes affidavit and proves to the satisfaction of a justice of a court that he has a good claim and reasonable expectation of recovering an amount, exclusive of all costs, equal at least to one-third of the amount of damages claimed, which affidavit shall be annexed to the writ of attachment, and the certificate of the justice that he is satisfied that the same is true shall be annexed to the writ of attachment or endorsed thereon.

Notes of Decisions

Cited in 2 cases, 2002–2003 · leading case: Mullane v. Chambers, 333 F.3d 322 (1st Cir. 2003).

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Mullane v. Chambers, 333 F.3d 322 (1st Cir. 2003). · cites it 3× “After finding that the Sheriffs Department was required to comply with Mass. Gen. Laws ch. 223, § 44 (2000) 6 before seizing the vessel, the district court held that the seizure “was contrary to state law” because “[n]o order or affidavit was attached to the execution, nor was…”

Mullane v. Chambers, 206 F. Supp. 2d 105 (D. Mass. 2002). “Mass. Gen. Laws. ch. 223, § 44. Assistant Deputy Superintendent with the Essex County Sheriffs Department Gilbert Medeiros testified that when he and his team seized the vessel, they were acting under the authority of the executions themselves.”

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