The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1876-10-04
AN ACT

Be IT ENACTED by the King and the LegislR-
tive Assembly of the Hawaiian Islands in the
Legislature of the Kingdom assembled.
SEC Whenever the goods or effects Of IA
debtor are concealed IN the hands OF his attorney,
agent factor or trustee, 50 that they cannot he
Sound 10 be attached or levied upon or when
debts are due from any person TO a debtor, any
creditor maEbring hsaction against such debturand
in his petition for process. may request the court
to insert therein direction 10 the officer serving
the same to leave a true and attested copy thereof
with such attorney, agent, factor or trustee or at
the place of his their usual place of abode, aud
to summon such attorney, agent, factor or trustee
to appear personally upon the day or term men
toned and appointed 10 said process Tor hearing
tue said cause. and then and there on OATH to
disclose whether be mas. or at the time said copy
was served, had any OF the goods or effects Of
the defendant in bis hands, aud if so. the nature,
amount aud value Of the same, Is indebted 10
hun, and the nature and amount OF such debt (;
which summons and direction shall be signed and is
sued 10 he same manner IA sunimOnses are usual y
issued 10 civil aclonSa aud shall be served by the oil
fcer according 10 such drectOn, aud from The time
Vi leaving such copy all the goods and etec sin lie
hnuds Of such attorney, agent factor or trustee,
aud every debt due from such debtor 10 the de-
fsudaut, shull he secured in his hand TO pay such
Judgment us The plaintiff shall recover, aud may
not he otherwise disposed of by such attorney.
agent, factor or trustee, and such notice shall be
sufficient notice to the defendant TO enable the
plaintiff TO enable his action to trial, unless the
defendant be an lnhabitant OF this kingdom, or
has sometime resided therein, and then like
copy shall be served personally upon him, or left
at hls last ard usual place Of abode
SEC. Such attorney, agent, factor or trus-
tee upou bis desire, shall be admitted TO defend
his principal in snch suit aud i judgment be rem
dered IN favor OF the plaintiff. all the goods and
effects in the hands of such attorney, agent fac
tor or trustee, and the debt due from such debtor
or such part thereof as may be sufficient for that
purpose, shall be liable to pay the same, and the
plaintiff on praying out execution may direct the
officer serving the same to make demand of such
attorney agent factor or trustee OF the goods and
effects OF the defendant 10 his hands. whose duiy
1t will be to expose the same to be taken OH the
execution, aud also TO make demand OF such
debtor for any debt or such purt thereof as may
satisfy sold judgment as may be due 10 the de-
feEdnnt, and it shall be the duty Of the said debt
or 10 pay the same, and if such attorney, Hgent,
factor or trustee shall have IN any manuer dis
poesd Of tile goods and effects of his principal
which were 10 bis hands wins: the copy Of the
writ was left with him. aud shall not expose and
subject them 10 be taken on execution. or if such
debtorsssh not pay to the officer when deman-
ded, the debt due to the defendant at the time
the copy Of the writ was lett with him, such at
torney, agent. factor. trustee or debtor shall be
liable 10 satisfy such judgment out of his es
tale, bis proper debt If the goods. or effects or
debts be Of sufficient value or amount If not then
to the value Of such goods effects or to the
amount of such debt.
SEC all the said attorney, agent, lactor or
trustee or debtor. fail to appear upon the day
and hour of hearing named in the summons or
writ above mentioned, or IT, having appeared, he
refuse TO disclose upon oath whether lie has goods
effects OF the defendant in his hands, and their
nature and value, or whether debt is due from
him to the debtor and its amount, the case shall
proceed to trial and if the plaintiff recover
judgment, exeGuton shall Issue at his request,
against the estate of such contumacious attorney,
agent. factor, trustee or debtor, for the amOInt
of such judgment bis Own proper debt and
the la, ful costs provided that if II appear ON the
trial lba, the goods and effects OF less value
aud the debt of less amount than the judgment
recovered against the debtor, judgment shall be /
rendered against garnrshees to the value oil he |
goods or the amount Of the debt, aud II il appears
that the garni-hee has 10 goods or effects of such
debtor IN his hands, or IS not indebted to him |
hen he shall recover his lawful costs. But if he
appear aud on oath disclose fully whether he has
in his hands the goods effects Of or is indebted
to the defendant aud it appears To the court that
be- has no such goods or effects or is no, So Indebted
then Judgment shall be given for him, and he shall
recover his lawful costs.
SEC. All shall he lawful for any creditor who
has obtained judgment IN ANY court to apply
to the court or Judge thereof for a rule. order
Or summons. that the Judgment debtor shall be
orally examined before judge Of such court, or
such other person as such court or judge. if of a
Court Of Record, shall appoint as To any and " hat
iebts are owing to him. and the court or Judge
nav make such rule or 0rer for the examination
II such judgment debtor, and Tor the production
If any books or documents. and the examination
shall Ue conducted in the same manner as in The
.ase OF oral examination OF witnesses under the
Act in that case made and provided
SEC. 5.-lt shall be lawful for judge of any
,ourt upon the ex parte application of such iudg-
nent creditor either before or alter such oral ex-
animation and upon affidavit by the Judgment
,re6itor his attorney stating that judgment has
leen recovered and that it is still unsatisfied and
o what amount, and that any other person is in.
iebied to the Judgment debtor. and is within the
jurisdiction, 10 order that all debts owing or ac.
ruling from such ihiid person Hereinafter called
he garnishee y TO the judgment debtor. shall
,e attached TO answer The judgment debt and by
he same OF any subsequent order it may be or.
erred that the garnishee shall appe,r before the
ldge oshow cause why he should not pay the iudg-
hent creditor the debt due from hun TO the ju,g.
nent debtor or so much thereof as may be suffi.
lent to satisfy the judgment debt Provided
hat If the judge may 10 his discretion. refuse TO
Interfere when from the smallness OF the amount
0 be recovered or Of the debt sought TO I've at
ached or otherwise. the remedy sought would be
worthless or vexaiiOus
SEC. 6.-Service Of an order that debts due or
ccrung TO the judgment debtor shall be atiached
r notice thereof to the glrnishee in snch manner
: the judge shall direct shall bind such debts in
Is hands,
SIC. III the garnishee does not forthwith
az into court the nmount due from him to tie
Augment debtor. or an amount equal 10 he iudg. Z
leat debt, and does not dispute the debt due or G
aimed TO be due from him to the Judgment 5
ebiOr, or if be does not appear upon summons 5
hen the Judge may order execution TO issue and Il
may be sued forth accordingly wiiboutauy pre-
lous writ or process to levy the amount due from
UGH garnishee towards satisfaction of the iuJg l
lent debt. :
SEC S.--lf The garuishee disputes his liability u
be Judge instead Of making an order that execn. :
on shall issue. may order that the Judgment 1
-editor shall be at liberty to proceed against the f
arusbee by writ calling upon him to show cause {
by there should not be execution against bin a
Il the alleged debt or for The amount due to the a
dgment debtor. If less than the judgment debt b
ID for costs Of suit. and the proceedings upon Il
leh suit shall be the same az nearly as may be Il