Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-05-04


ton for his trouble and expenses keeping the shall
be reasonable and Just.
SECTION o. The sheriff to whom the writ is directed and
delivered must execute the without delay follows
l. Real property interest therein shall be attached
by filing the office in which of the real property
attached should be recorded copy of the writ of attachment
with the officers certificate Endorsed affixed that by virtue of
the original writ of which such copy copy he has
aced such real estate all of the interest of the defendant
therein describing the with convenient certainty the
property of the defendant, naming him, in such writ
Personal property capable of manual delivery, shall be
attached by taking the same into custody.
Stock in corporation shall be attached by notifying tho
president secretary treasurer managing agent the copo
aon and also the defendant if within the Territory that tho
stock has been attached.
SECTION TO- If the sheriff has any reasonable doubt
the ownership of the property its liability be taken
the writ nc may require sufficient security to indemnify him
for attaching it.
SECTION H. When there several attachments against
the defendant they shall be executed in the order which
they are received by the sheriff.
EXAMINATION OF DEFENDANT
SECTION H. Whenever it appears by the affidavit of the
plaintiff or by the return of the attachment that property
known to the plaintiff officer which the attachment bJ
executed, not enough to satisfy the plaintiffs claim, the de-
PENDANT be required by the judge attend before
it him, and give information oath respecting the
SECTION 49, If any of the property attached be pershabe
in danger of serious and immediate waste decay the er
M shall sell the in the in which such property is
sold execution Whenever shall be made appear salts
facory to the judge that the interest of the parties
the action will be subservd by sale Of any attached property
the court judge order such property be sold the
same manner as like property sold under execution Such order
shall be made only upon notice the adverse party his
ney in such party shall have been personally served with
in the action.
SECTION a. Tho before which the action pending
the Judge thereof time appoint receiver whose
pay shall be taken out of the fees of the sheriff take
sion of property attached under the provisions of this Act and
to collect the thereof and control the
and the proceeds according the nature of the prop
erty and the exigency of the case
smERIFFs RETURN.
SSorIoN 15 The sheriff shall make out full inventory of
the property attached and return the with the writ OF
attachment lie shall return the writ with the if is
sued the tmc otherwise within such time after its
ceipt allowed for of summons with certificate
Of his proceedings Endorsed thereon attached thereto
SECTION 49, If the defendant judgment if the
plaintiff be nonsuited if the action be discontinued dis
missed all the proceeds of the sale and money collected by the
sheriff. and all the property attached remaining the shes
hands, shall be delivered to the defendant his agent and
the order of attachment shall be discharged and the property
released therefrom.
SECTION H. If the defendant at time before judg
ment bond to be executed to the plaintiff with sufficient
surees approved by the officer having the attachment
after the thereof by the clerk the effect that he will
perform the judgment of the court the attachment shall DO
discharged and restitution made of the property taken tho
proceeds thereof The execution of such bond shall be deemed
appearance of such defendant the action Such bond shall
be part of the record and if judgment 60 against the defendant
the shall be entered against him and the suetes
SECTION 49, The defendant any time after he has
appeared the action either before after the release of the
attached property before attachment shall have been
actually levied apply notion upon reasonable notice to the
plaintiff to the in which the action is brought to the
judge thereof that the writ of attachment be discharged tho
ground that the improperly issued If upon such ap
pcaton satisfactorily appears that the writ of attachment
improperly issued, it shall be discharged
SECTION 49, Whenever order has been made dschargng
releasing attachment upon real property certified copy
of such order may be fled in the Office in which copy of the
writ has been filed under Section of this Act and be ndexed
in like and all expenses relating to such attachment
shall be paid by the plaintiff
SECTION 90 If judgment be recovered by the plaintiff the
sheriff shall satisfy the out of the property attached by
him which has been delivered the defendant claimant
in this Act provided execution another
judgment recovered before the issuing of the attachment if it
be sufficient for that purpose.
BY applying the execution issued said judgment
the proceeds of all sales of pershabe other property sold by
him. much shall be necessary to satisfy the judgment
If any balance remain due he shall sell under the
ton much of the property real personal be