Section 42 Liability for expense of removals - Massachusetts Statutes

Section 42. Whoever owns a vessel or an interest in a vessel wilfully or maliciously wrecked, sunk or abandoned as aforesaid and removed as provided in the preceding section, either when such vessel became an obstruction or at any time before such removal is completed, and whoever has or exercises any control over such vessel or any part thereof, and the persons originally building, depositing or causing any other obstruction so removed, or owning, maintaining or using the same in whole or in part at the time of such removal or at any time prior thereto, shall be liable for the cost and expenses of such removal, or to repay the same when paid by the commonwealth; and such costs and expenses may be recovered in an action of contract brought by the department in the name of the commonwealth against such owners or other persons, or any of them. The attorney general and the district attorneys within their respective districts shall commence and conduct such actions. All money so repaid or recovered shall be paid to the commonwealth. Whoever, on a judgment or otherwise, pays more than his proportion of the costs and expenses aforesaid, shall have a claim for contribution against other parties liable therefor according to their respective interests.