Mass. Gen. Laws » Part I Title VII Chapter 41
Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 52 (2026)

Approval of bills

✓ current as of July 2026
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Section 52. All accounts rendered to or kept in the departments of any city shall be subject to the inspection of the city auditor or officer having similar duties, and in towns they shall be subject to the inspection of the selectmen. The auditor or officer having similar duties, or the selectmen, may require any person presenting for settlement an account or claim against the city or town to make oath before him or them, in such form as he or they may prescribe, as to the accuracy of such account or claim. The wilful making of a false oath shall be punishable as perjury. The auditor or officer having similar duties in cities, and the selectmen in towns, shall approve the payment of all bills or pay rolls of all departments before they are paid by the treasurer, and may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent, unlawful or excessive; and in that case the auditor or officer having similar duties, or the selectmen, shall file with the city or town treasurer a written statement of the reasons for the refusal; and the treasurer shall not pay any claim or bill so disallowed. The board of selectmen may designate any 1 of its members for the purpose of approving bills or payrolls under this section; provided, however, that the member shall make available to the board, at the first meeting following such action, a record of such actions. This provision shall not limit the responsibility of each member of the board of selectmen in the event of a noncompliance with this section. This section shall not abridge the powers conferred on town accountants by sections fifty-five to sixty-one, inclusive.

Notes of Decisions
Cited in 6 cases, 1961–1995 · leading case: Brogan v. Sch. Comm. of Westport, 516 N.E.2d 159 (Mass. 1987).
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Brogan v. Sch. Comm. of Westport, 516 N.E.2d 159 (Mass. 1987). · cites it 2× “Because of this ruling, the judge did not reach the selectmen’s independent claim of a right to inspect the disputed records pursuant to G. L. c. 41, § 52 (1986 ed.). The plaintiffs’ appeal to the Appeals Court was remanded to the Superior Court for further action on this claim…”
McKenney v. Comm'n on Jud. Conduct, 388 N.E.2d 666 (Mass. 1979). “35, § 19 (vouchers or accounts for payment of county salaries); G. L. c. 41, § 52 (person presenting bill to city or town must take oath if required); G.”
Weiner v. City of Boston, 172 N.E.2d 96 (Mass. 1961). “G. L. c. 41, § 52. Refusal by the auditor to approve the plaintiff’s claim would not bar the plaintiff’s right to recover if he is lawfully entitled to payment.”
Treasurer of Rowley v. Town of Rowley, 468 N.E.2d 855 (Mass. 1984). “” 5 The town’s method of approving payments also complies with G. L. c. 41, § 52, which provides that “the selectmen in towns .”
Mayor of Chelsea v. Treasurer, 494 N.E.2d 414 (Mass. App. Ct. 1986). · cites it 3× “See, G. L. c. 41, § 52. 1 *951 Subsection (b) of § 2-109 of the revised ordinances of Chelsea sets out the procedure that must be followed by the auditor before a bill is approved.”
Marchand v. Hechenbleikner, 3 Mass. L. Rptr. 400 (Mass. Super. Ct. 1995). “” G.L.c. 41, §52. Clearly, expenditures for out-of-state travel for educational purposes are not unlawful, fraudulent or excessive.”
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