The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1870-09-21

4.
interest or property or title thereto. Of lieu
securely thereon. which is protected from the opera
lion Of the law 1t is not enough for him simply ID
say nv attachment not laid since the sc, Of bank
Eruptey was committed, and gives right Of pro
perty over the goods attached because it does not be
seome void under Section s7s The law takes all tbe
ebtor's property Of every kind whatsoever. and sP
81 lies it to the payment Of his debts. The title Il
goods attached Is taken from the debtor by ths
nere attachment. The officer holding them has Ger
tain rights. such as are necessary keep them safely
and he is subjected certain liabilities in his charge
8 but neither the officer nor the attaching creditor
Sc deemed the OF the property. The debtor
= nay sell the attached property, and the title would
spass and relate back the date Of the sale, uues
3. Judgment be recovered and satisfied against him
: His goods when attached, held 10 custody Of th
Saw, as of a stakeholder, to be returned to him on
paid his creditor, according to the judgment that
s3msy be rendered. Whatever right the attaching
credtor may have to receive the value of the attach
ned goods in satisfaction of Judgment. mast rest
s-upon Statute alone. II will avail the creditor I'll
say that an attachment has always been considered
: In the community as securing an interest and claim
hich are shielded from the bankrupt law and that
this view is based upon general principles of law and
Justice The control of the debtors property is taken
rou him by the attachment law. Professionally. and
Sby the bankrupt law forever and absolutely. The
which transfers the property to the general ered
tors, must clearly aad plainly, by express words CD
$ necessary implication. show the exceptions.
8 Our attachment laws concerning the gSrnishee pro-
cess or as it is called in New England, trustee prO
Seess are governed by the rules with law 4
Concerning other attachments on mesne process
Their object alike is. to secure the payment Of the
debt by the satisfaction of the Judgment recovered
The provisions in these lawswhich seem to affect this
ease are the following:
Article - OF the Civil Codo Act Of 1885, is entitled
s. OF the GarDisbee process facilitate the collection
kof Debts" The Act has this preamble: :" Whereas
many complaints have arisen, that creditors de
suded of just debts by the assignment of their pro-
perty third persons by debtors. to the
) from liability to attachment and execution; and
whereas no remedy exists, save by the long and ex
pensive and imperfect process in ChAncery, whereby
5 the ends Of justice defeated"
The Act provides, that in actions Of debt. the plain
tf may attach his debtors goods effects, debts. in
the hands of such debtors attorney factor trustee on
debtor BY writ summonng such third person to dis
eose oath concerning such goods. effects, debt
Erou the service Of the writ all goods and effects in
tbe hands of such attorney &c. and every debt due
from such debtor shah BE- secured m kis hand. to p1
such Judgment the plaintiff shall recover. and may
not otherwise be disposed Of" The garu-hee if the
splaintif recover judgment, may be required to-
Fexpose the goods or effects and subject them TO bel
staken execution, and pay to the officers tn q
amount of such debt, to obey such order as the
Court may make concerning the disposition of the pro
perry pending the suit. If the debt be uatured
then such Judgment the plaintiff may .hai
Constitute lien upon each deb, until, and the time ID
shall full due and payable The garnshees delivery
of such property, payment Of such debt by process
and judgment of law, shall torerer discharge him
/ frum any suit or demand for the same"
The Statute forms of writs attach specific Proper
claimed in a suit direct the officer. - to attach
i and keep safely the said personal property unit
Judgment Of restitution be awarded refused,
and. Z" euoin the said defendant, under penalty
of--dolars. not to sell, mortgage, lease or rent
5the said real property &C. until the dissolution
1of such injunction by competent judicial author
Sity'' The Police Courts may under the Civil
: Code issue attachments process in actions
Of assumrst the Statute forms requiring the officer
to attach and safely keep &c, subject to the order
Of this Court. Tor other Court 6c..) and to sum
any be has. why Judgment should not be rendered
against him. and the property attached subjected O
execution levy and SALE If real estate be attached
the officer is post in a conspicuous place the
premises a notice of the attachment. If movable,
attached the notice is be posted in three
spcuOus places within the district and also, if the
be returnabe at the Circuit Supreme Court, al
three public places the seat of such Court, and the
notice in either all persons hav-
sng rights in said property to prove their claims
! before the return day"
The first enactment concerning attachments was
passed at Lahaina in ls41. and thus provides III
sone man be in debt another, and do not cancel
It at the time agreed upon, and that account
he creditor become anxious and fear lest he should
not obtain the debt. be may then go to either of
he judges, who will tbereupon attach the prol ert,
sof the debtor. If the debt be not paid within thirty
lays. then the properly shall be sold at auction &C.
blue Book, 49, This Act amended by Act oil
sisi2. The amendment allows an attachment of any
other property Of the defendant, the plaintiff being
liable " if there be any subsequent difficulty in.con
Sequence of the attachment having been wrongful.
cted in ls47. authorized the Police Courts to issue
attachments. and thus provides concerning Judgment
those Courts % No judgment rendered in either =
said Justices Courts shall be lien upon landed or other
real property within this kingdom. until transcript
thereof certified BY such justice shall have been dock
eted in the Office Superior Court Such
justices Judgment shall be lien upon the movable
Of the defen ecuton exempted by Law
ron levy from the time and according to the priority
: of the evy''-Laws Is47, vol. .. p. %. The judg
ments Of the Superior Courts, by the last named Act
Shall be lien upon the defendants real property
hroug hout the kingdom and The execution issued
upon such Judgment, shall be lien upon the per;
sonAl property '-Ib. p. 30. The officer was require
post and also publish in the Polynesian newspaper
notice Of the property attached with the day and
{ hour Of attachment.
Act Of SIS gives the clerk Of the Superior Couri
q power to issue attachments any other process
sxhieh be issued out Of any inferior Court
s Laws Is4s, p. IL. 1t held in sbilabsr vs.
Swaldo. Haw. 90, that this power existed under
he original law Of Is4l. The Act Of ls47 andi
also the Constitution of 1852 organizing the pres
sent Supreme and Circuit Courts and continuing
the previous Police and District Courts. do not re
peal the foregoing laws concerning attachments and
judgments. The Civil Code approved in 1889. repeas
athe of ls47. but does expressly repeal the
Act Of IS4I and Is49 The present Law reouires ex