Massachusetts General Laws

Mass. Gen. Laws ch. 35, § 23 (2026)

Money paid into courts; disposition; interest

✓ current as of July 2026

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Section 23. Money paid into the courts in any county shall, if possible be placed at interest by the clerks thereof, and the interest shall be available for the uses of the commonwealth unless the court directs it to be paid to the parties to the litigation in connection with which such money was paid into court. All interest in the custody of any clerk of said courts not directed to be paid as aforesaid, remaining after payment by order of the court of the principal fund to parties litigant entitled thereto, shall annually be paid to the state treasurer between the first and tenth days of each fiscal year, to be used for the general purposes of the commonwealth.

Notes of Decisions

Cited in 2 cases, 1922–1982 · leading case: Clerk of Superior Court for Cnty. of Middlesex v. Treasurer & Receiver Gen., 437 N.E.2d 158 (Mass. 1982).

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Clerk of Superior Court for Cnty. of Middlesex v. Treasurer & Receiver Gen., 437 N.E.2d 158 (Mass. 1982). · cites it 2× “G. L. c. 35, § 23: “Money paid into the courts in any county shall, if possible, be placed at interest by the clerks' thereof, and the interest shall be available for the uses of the commonwealth unless the court directs it to be paid to the parties to the litigation in…”

Campbell v. Comm'r of Banks, 241 Mass. 262 (Mass. 1922). “Standing Order number 17 of the Superior Court, January 8, 1916, relates to the payment of interest on deposits; and by G. L. c. 35, § 23, money paid into the courts of Suffolk County is to be placed at interest by the clerks thereof, the interest to be available for the county…”

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