Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 16 (2026)

Governor's warrant of arrest; recital of facts

✓ current as of July 2026

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Section 16. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, sealed with the state seal and directed to an officer authorized to serve warrants in criminal cases or other person whom the governor may think fit to entrust with the execution thereof. Such warrant shall substantially recite the facts necessary to the validity of its issue.

Notes of Decisions

Cited in 4 cases, 1932–2002 · leading case: Commonwealth v. Frias, 760 N.E.2d 300 (Mass. App. Ct. 2002).

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Commonwealth v. Frias, 760 N.E.2d 300 (Mass. App. Ct. 2002). · cites it 3× “See also G. L. c. 276, § 16. Finally, even upon issuance of a rendition warrant by the Governor of Rhode Island, additional procedures would be required there before the defendant could be transported to Massachusetts.”

Thompson v. Globe Newspaper Co., 181 N.E. 249 (Mass. 1932). · cites it 2× “the privilege rule, on the assumption that a clerk of court has no authority to issue warrants under G. L. c. 276, § 16, relative to rendition.”

Hinnant, 678 N.E.2d 1314 (Mass. 1997). “G. L. c. 276, § 16. Before the individual is transported to the demanding State to face criminal charges, the statute requires that he be brought before a judge in the asylum State where he must be informed of the demand made for his surrender, the underlying charge, his right…”

Thompson v. Boston Publ'g Co., 285 Mass. 344 (Mass. 1934). “If the plaintiff were permitted to show, or the court should take notice that no judge was present when this warrant was issued upon the theory that it would not contradict the record (since clerks of courts apparently may issue warrants under G. L. c. 276, § 16, the rendition…”

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