The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-05-02

Of the building would slvsys hsve
the prior right even If he wss the
lsst 70 tls his notice because he wss
the first 10 furnish msteriSl.
Ii seems eleSr 10 Us thSt under our
statute the hen does not attach, / e,
does not exist unless the notice Is
fled The hen shall have force only
from the date OF fling; It Is called
I into existence by the fling Of the no
tee. before this II bsd 10 force or
effect snd wss not binding upon any
one.
As 10 priority our statute seems 20
+ be peculiar II itself. Many of the
lzws IL other countries relating 70
liens provide that certain classes
shall have priority over others, s
7 that OF the labOrer over the material
man. snd the mstsrial man over the
. sub-contract0-. but our statute makes
/ the time Of fling the test Of priority.
1t shall have priority N the order OF
fling over other liens OF any nature. =
that Is, every lien fled IN compliance
with this Act shall hsve priority over
every other ike lien lied suisse
Cuently. and sll liens so fled shsl
haye priority over all other liens OF
sny nature, subject 10 any recorded
lien OF judgment.
This we take TO mean that the lien
in the order Of its fling Is to be pre-
tsrred above other classes Of liens
unless the same shall have been pre-
viously recorded, and in this csse the
plaintiff clsims under 5 judgment
against the gsrnishee who Is the
same person who Is sought 70 be
made liable 10 pay the lien
Was the Judgment recorded st the /
time OF OF previous 10 the fling OF .
the lien by Allen
In the absence Of spy statute law
requiring any ministerial act 10 be I
done On the part Of the clerk, our 4
practice must be regulated by the I
rules Of Court. 1t Is cortended By 1
the pLsintiff that upon the fling Of 6 .
decision with the clerk the Judgment (
must be deemed recorded. /
The rule OF this Court prumul
gated al the January term, 1889, pro
viies that from and after the hrst
day OF the January term, 1889. the /.
attorneys Of the party II whose favor
G verdict OF decision shall be reuC
cred. shall II n vacation
within fourteen days after the reno
eriCg OF such decision provided no .
exceptions have been allowed. 1le
record Of the proceedings II the
form hereuut0 annexed or 2s near
thereto IS the circumstances Of the
case viii permit, which susll be the
record Of the case. The clerk Of the
Court shall state the actual date OF
the entry Of judgment in the margin
Of the record and shall afiI the seal
OF the Court thereto"
Upon examination Of the files N
the Clerks Office, 1t sppssrs that no
record as required by the rule has
been made, and we are Of the opin-
ion that the Judgment relied upon
6y the plaintiff Is not q recorded |
Judgment, until the entry OF Iudg
nent has been made IN compliance /
with the rule.
The cause Is therefore re opened +
and sent back to the Circuit Judge
Of the First Circuit for hearing for
the purpose Of determining whether /
the alleged lien exists, and If 50 found I
such further proceedings may be had |
as are necessary; If It Is found that
the lien does not exist then the order .
to the garuishee to stand
c. W Ashford for plaintiff: J i.
IsgOou for the geruIshee-
Honolulu, April 19, 1888