Section 78. Penalties under any of the four preceding sections may be recovered in tort in the name of the chief engineer and appropriated to expenses of the fire department of the district, or on complaint or indictment to the use of the commonwealth. If the chief engineer dies, resigns or removes during the pendency of such action, it shall not abate, but his successor shall be admitted to prosecute it. Residence in the district shall not disqualify a judge, juror or officer in such action.

Terms Used In Massachusetts General Laws ch. 48 sec. 78

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Juror: A person who is on the jury.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
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