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

allegations of such third person urder such order
and Of any other person whom by the same or
any subsequent order the judge may think dt to
call before him, or 10 Gaze Of such third person
not appearing before him upon such summons
the judge may order execution TO issue to levy
the amount due from such garnishee, or the judg-
ment creditor to proceed against the garnishee as
herein provided, and he may bar the claim OF such
third person or mske such other order as be shall
think Ct, upon such terms in all cases with res
pect to the lien or charge (fany) Of such third
person and TO costs as be shall think Just and
reasonable.
SIC. 9,-Tbe taking Of any goods or effects of
any debtor, OF the payment Of any debt due hin
as aforesaid. or payment made by, or execution
levied upon the garnishee under any such pro-
ceeding as aforesaid shall be valid discharge to
him as against the judgment debtor to the amount
paid or levied, although such proceeding may be
set aside or the judgment may be reversed.
SEC. l0.-Every such attorney, agent factor
or trustee shall be paid his travelling fees aud ex
peuses for his attendance before any court under
the provisions OF this Act, on the same scale and
at the same rate as witnesses required by subpoena
to attend on the tria Of any civil suit IN said
courts.
SEc. 1l.-Whensoever any person summoned
as an attorney. agent factor or debtor Of any de-
PENDANT. may be DESTROYS OF so doing, be may ap
ply to the magistrate or any Justice OF the court
from whom or which the said summons may have
issued, and the magistrate or Justice having
caused reasonable notice 10 De given to the plaiu
tiff in the action, shall proceed 10 take the depo-
stion Of the person thus summoned. aud nuke
such order as may he proper in the premises, at
any time previous to the day appointed for hear
ing the and the person 50 summoned as agent
factor, trustee or debtor Of the party defeHdunt,
shall be taken TO have obeyed the summons.
SEC. l2.-lf upon disclosure made on oath by
such debtor il appear that such garEishee is To-
debted to the defendant but that such debt is
not payable. aud becOme due until some future
time, then such Judgment as the plaintiff may
cover shall constitute lien upon such debt, I'M
ill., and at the time it shall fall due and payable
SEC. 13--The provisions OF this Act and the
powers conferred therein shall extend to all the
common law courts OF this kingdom, according to
their jurisdiction, at present 10 future organ
lied.
Sec l4-The foregoing section IL shall be
printed or written, cousplcuOusly on every sum-
nous issuing out of any court Of this Kingdom
which may he intended to be served on any aleg-
ed attorney factor, trustee or debtor Of defend
ant 10 any suit.
SIC. l5.-Ihe following laws and parts or laws
shall be and the same are hereby repealed. Sec
tons numbered $50 to 96l Of the Civil Code both
inclusive, an Act approved on the 18th day of
June, a. d. 1862 entitled An Act to amend
article AZ Of he Civil Code of the garnshee pro-
cess to facilitate the collection of debts an Act
approved on the 30 day of January, A. D. 1863,
entitled An Act 10 amend section $50 of the
Civil Code
Approved this 18th day of September, A. d.
S76 KATAk All II