EXTRA SESSION.
SENATE
Ci)t
No. 569
Commomuraltli ot eiassatlnisctts
Senate, November 4, 1931.
The committee on Bills in the Third Reading, to
which was referred the Bill providing for the Protection
of the Insurer in Defaulted Cases wherein the Judgment
is secured by a Motor Vehicle Liability Policy or Bond
(House, No. 1765), reports recommending that the same
be amended by substituting therefor a new draft entitled “An Act providing for the Protection of the Insurer or Surety in Certain Defaulted Cases wherein the
Judgment is secured by a Motor Vehicle Liability Policy
or Bond” (Senate, No. 569), and that, when so amended,
the same will be correctly drawn.
For the committee
NEWLAND H. HOLMES.
2
SENATE —No. 569.
Cf)c
[Nov.
Commontoealth of o@assac!uisctts
In the Year One Thousand Nine Hundred and
Thirty-One.
An Act providing for the Protection of the Insurer
or Surety in Certain Defaulted Cases wherein the
Judgment is secured by a Motor Vehicle Liability
Policy or Bond.
Whereas, The deferred operation of this act
2 would tend to defeat its purpose, therefore it is
3 hereby declared to be an emergency law, neces-4 sary for the immediate preservation of the pub1
-5 lie convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the
authority of the same, as follows:
1
Section 1. Chapter two hundred and thirty-2 one of the General Laws is hereby amended by
3 inserting after section fifty-eight the following
4 new section;
5
Section 58A. Damages shall not be assessed,
6 except by special order of the court, in an action
7 of tort, the payment of the judgment wherein
8 is secured by a motor vehicle liability policy or
9 a motor vehicle liability bond, both as defined
10 in section thirty-four A of chapter ninety, and
11 wherein the defendant has been defaulted for
12 failure to enter an appearance, until the expira-13 tion of four days after the plaintiff has given
1931.]
SENATE
No. 569.
14 notice of such default to the company issuing
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oi-
ls executing such policy or
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bond, and has filed an
affidavit thereof. Such notice may be given by
mailing the same, postage prepaid, to the said
company or to its agent who issued or executed
such policy or bond.
Section 2. Section one hundred and fortyone of said chapter two hundred and thirty-one,
as amended by section two of chapter three hundred and seventeen of the acts of nineteen hundred and twenty-eight, by section three of chapter two hundred and sixty-five of the acts of
nineteen hundred and twenty-nine, by section
one of chapter sixty-five of the acts of nineteen
hundred and thirty and by section one hundred
and twenty of chapter four hundred and twentysix of the acts of nineteen hundred and thirtyone, is hereby further amended by inserting
after the word “fifty-eight” in the tenth line, as
printed in said chapter sixty-five, the following: ■—fifty-eight A,
so as to read as follows:
—Section 141. Sections one, two, three, four,
five, six, seven, ten, eleven, twelve, thirteen,
thirteen A, fourteen, fifteen, sixteen, seventeen,
eighteen, nineteen, twenty, twenty-one, twentytwo, twenty-three, twenty-five, twenty-six,
twenty-seven, twenty-eight, twenty-nine, thirty,
thirty-one, thirty-two, thirty-three, thirty-four,
thirty-five, thirty-six, thirty-seven, thirty-eight,
thirty-nine, forty, forty-one, forty-two, fortythree, forty-four, forty-five, forty-seven, forty-
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SENATE
-No. 569.
[Nov. 1931
26 eight, forty-nine, fifty, fifty-one, fifty-two, fifty-27 three, fifty-four, fifty-six, fifty-seven, fifty-eight,
28 fifty-eight A, fifty-nine B, sixty-one, sixty-two,
29 sixty-three, sixty-four, sixty-five, sixty-six, sixty-30
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seven, sixty-eight, sixty-nine, seventy, seventytwo, seventy-three, seventy-four, seventy-five,
seventy-nine, eighty-five, eighty-five A, eightyseven, eighty-eight, eighty-nine, ninety, ninetyone, ninety-two, ninety-three, ninety-four, ninetyfive, ninety-seven, ninety-eight, ninety-nine, one
hundred and one, one hundred and two, one hundred and three, one hundred and four, one hundred and five, one hundred and six, one hundred
and seven, one hundred and eight, one hundred
and nine, one hundred and ten, one hundred and
twenty-four, one hundred and twenty-five, one
hundred and twenty-six, one hundred and thirtytwo, one hundred and thirty-four, one hundred
and thirty-five, one hundred and thirty-six, one
hundred and thirty-seven, one hundred and
thirty-eight, one hundred and thirty-nine, one
hundred and forty and one hundred and fortyseven shall apply to civil actions before district
courts, and no other sections of this chapter
shall so apply, except to the municipal court of
the city of Boston under section one hundred and
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52 forty-three.