General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES |
TITLE IV. CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES |
CHAPTER 249. AUDITA QUERELA, CERTIORARI, MANDAMUS AND QUO WARRANTO |
SECTION 8. Judgment; costs
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If the court finds that the defendant has not exercised a franchise or privilege not conferred by law, he shall recover costs. If the attorney general does not intervene, and the court finds that the respondent has exercised a franchise or privilege not conferred by law, judgment of forfeiture shall not be entered, but judgment shall be entered that the corporation, or the persons claiming to be such, be perpetually excluded from the exercise of such franchise or privilege, and that the directors, managers, or agents, guilty of the usurpation, pay the costs of the complainant.