Section 8. A trespasser, if the trespass was casual and involuntary, may, before an action is commenced, tender the damages and, upon action brought, disclaim title and allege the tender and that the trespass was casual and involuntary; and if it is found that the allegations are true and if he has deposited with the court the amount of his tender at the time of filing his answer and the damages assessed are not more than the amount tendered, he shall recover costs. Such tender may, subject to the same provisions, be made after the action has been commenced with like effect, if it covers the costs to the time of tender.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title III - Remedies Relating to Real Property
Chapter 242 - Waste and Trespass
Section 1 - Waste; Persons Entitled to Maintain; Jury Trial
Section 2 - Actions of Tort in Nature of Waste; Persons Entitled to Maintain
Section 3 - Actions in Tort in Nature of Waste; When Maintainable Against Representatives
Section 4 - Triple Damages for Waste; Liability of Co-Tenant
Section 5 - Actions for Triple Damages
Section 6 - Triple Damages for Waste During Pendency of Action for Recovery of Land
Section 7 - Willful Trespass to Trees, etc.; Damages
Section 7a - Agricultural or Horticultural Land; Theft or Destruction; Treble Damages