Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 48 (2026)

Keeper; appointment; costs

✓ current as of July 2026

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Section 48. An officer directed to make an attachment of personal property may, if the writ bears an endorsement signed by a justice, associate justice or special justice of the court in which the action is commenced and stating that, in his opinion, the appointment of a keeper is necessary, appoint a keeper of such property at or after the time of making such attachment. No writ shall be so endorsed unless the plaintiff, in support of his application for said appointment, shall first have filed an affidavit stating the facts which require such appointment. The officer, if necessary, may appoint a keeper of personal property which has been taken on execution. In either of the aforesaid cases he shall, upon the written request of the defendant, remove such property or the keeper without unreasonable delay. Costs in an action in which a keeper has been appointed shall be at the discretion of the court.

Notes of Decisions

Cited in 3 cases, 1923–1960 · leading case: Tourles v. Hall, 168 N.E.2d 505 (Mass. 1960).

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Tourles v. Hall, 168 N.E.2d 505 (Mass. 1960). “The provision of G. L. c. 223, § 48, that an officer, “if necessary, may appoint a keeper of personal property which has been taken on execution” does not afford a right to keep the property on the premises of a person who is not the judgment debtor without his consent.”

Guttentag v. Huntley, 139 N.E. 501 (Mass. 1923). · cites it 2× “223, § 50) may take possession of it and keep it; or, if necessary, he may appoint a keeper, G. L. c. 223, § 48; or he may deliver possession of it to a receiptor.”

Costa v. Goldenberg, 154 N.E. 579 (Mass. 1927). “G. L. c. 223, § 48. See Copp v. Williams, 135 Mass.”

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