Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-05-04
BY AUTHORITY
ACT "a.
AN ACT
RELATING TO ATTACHMENTS
BE Enacted by the Legislature of the Territory of Hawaii:

Courts judge of of record may make any order
at chambers which by the provisions of this Act be made
by the in time When the proceedings are before
District Magistrate the magistrate shall be regarded the
clerk OF the court for all purposes contemplated herein The
word sheriff used in this Act the High Sheriff of
the Territory his deputy and when the proceedings be-
fore District Magistrate police officers also Nothing in this
Act shall be construed to permit District Magistrate issue
writ OF attachment to be served out of the Circuit in which his
district situated permit attachment of real estate
or any neres therein under writ issued by Magistrate
WRIT
SECTION Q. The plaintiff the time of commencing an
action time afterward before Judgment may have the
property of the defendant that of
defendants, which is not exempt from execution, attached in
the manner hereinafter prescribed security for the saac
ton OF such judgment he but writ of attach
shall be issued against theerrtory any political or
nicipa corporation subdivision thereof.
SECTION B. The writ of attachment shall be issued by the
clerk of the court in which the action pendg but before
any such writ of attachment shall ISSUE the plaintiff
in his behalf, shall make and file with such clerk aft
dav showing that the defendant is indebted the plaintiff
Specifying the Of such Indebtedness and above all
just credits and oe) and that the attachment sought
and the action prosecuted to hinder delay or deraud
any creditor of the defendant; and either,
l. That the defendant conceas himself that the ordinary
process of law cannot he served upon him
g That the defendant has absconded asented about
to abcOnd absent himself from his usual place of abode in
this Territory that the ordinary process Of law cannot be
served upon him; or
That the defendant has to remove
any of his property from this Territory with intent delay
defraud his creditors;
That the defendant has assigned conveyed concealed
his property part thereof with intent delay deaud
his creditors;
s. That the defendant about to convert his property
part thereof into for the purpose Of placing beyond
the reach of his creditors;
g. That the defendant faudueny contracted the debt
incurred the obligation for which the action brought
T. That the defendant is resident Of this Territory
g. That the defendant foreign corporation; if
ated under the laws of this Territory, that all the proper Off
thereof whom to the do not exist
nonresidents of the Territory cannot be found;
o. That the action brought against the defendants
cpa and surety upon official bond money due the
Territory political municipal corporation subd
vision thereof
SECTION Before the writ of attachment shall issue the
plaintiff in his behalf shall execute and file with
the clerk bond undertaking. with two suretes in
at least double the amount for which the plaintiff de.
mands Judgment and in less than fifty dollars in Dis
@ Court three hundred dollars in any other court cond
toned that the plaintiff will prosecute his action without delay
and will pay all that may be adudged to the defendant
and all damages which he may sustain by of the attach
men not exceeding the amount specified in such bond or UNI
derakng the penalty thereof should the be wrongfuy
oppressvey maicousy sued out With said bond
deraking there shall also be filed the adavs of the suree
from which appear that such urees qualified and
they are taken together worth the specified in the
bond undertaking. and above all debts and liabilities
property exempt from execution But such bond shall
be required when the plaintiff is the Territory any officer
agent of the Territory suing for its or benefit
SECTION g. The defendant at any time before Judg
the for additional security the part of the
plaintiff and it, such motion, the court satisfied that
surety the plaintiffs bond has removed from the Territory
that the surety is sufficient the attachment be
Gated and restitution directed of any property taken under it,
unless in reasonable me be fixed by the court further
cury given by the plaintiff in such amount and form shall
be approved by the court.
SECTION In action such bond the plaintiff therein
may recover he shows that the attachment wrongfuy
sued and that there reasonable to believe the
ground upon which the issued be true the actual
damages sustained and reasonable attorneys fees of not
than fifty dollars to be fixed by the court and If
be shown that such attachment sued out malcious no
may exemplary damages but action shall be main
tanned any such bond until after final judgment in the
ton unless the same be discontinued or dismissed
ATTACHMENT.
SECTION T. The writ of attachment shall be issued by tho
clerk with the approval of the court and directed to the sheriff.
and shall require him attach and safely keep much OF tho
property the defendant will be sufficient satisfy the de-
mand of the plaintiff with costs and expenses.
SECTION 8. The sheriff shall attach such sufficient amount
of &c