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


ton for his trouble and expenses in keeping the shall
be reasonable and just.
SECTION The sheriff whom the writ is directed and
delivered, must execute the without delay follows
Real property any therein shall be attached
by filing the office in which convcynces 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
tached 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 into custody.
Stock in corporation shall be attached by notifying tho
PRESIDENT secretary treasurer managing agent of the copo
aton 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 he may require sufficient security indemnify him
for attaching it.
SECTION H. When there several attachments against
the defendant they shall be executed the order in which
they received by the sheriff
EXAMINATION DEFENDANT
SECTION ~. Whenever appears by the affidavit of the
plaintiff by the return of the attachment that property
known to the plaintiff officer which the attachment b.
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 of the property attached be perishabe
danger of serious and immediate waste decay the her
if shall sell the in the in which such property
sold execution Whenever it shall be made appear salts
facory the court Judge that the interest of the parties
the action will be subercd by sale of any attached property
the court judge order such property to be sold in the
shall be made only upon notice to the adverse party his aor
in such party shall have been personally served with
summons in the action
SECTION H. The court before which the action is pending
the judge thereof time appoint receiver whose
pay shall be taken ont 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 same
and pay the proceeds according the of the prop
erty and the exigency of the case.
snERrFr's
SECTION Is. The sheriff shall make full inventory of
obnI h,
attachment He shall the writ with the if is
sued at the time; otherwise within such time after its
ceipt allowed for of summons with certificate
Of his proceedings Endorsed thereon attached thereto
SECTION 10. If the defendant judgment if the
plaintiff be nonsued 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 in the shes
hands, shall be delivered to the defendant his agent and
the order of attachment shall be discharged and the property
SECTION II. If the defendant any time before judg
men bond to be executed the plaintiff with ucen.
sure to be 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 bc
discharged and restitution made of the property taken the
proceeds thereof The execution of such bond shall be deemed
appearance Of such defendant the action Such bond shall
be part the record and judgment against the defendant
the same shall be entered against him and the surees
SECTION 49, The defendant may at any time after he has
appeared the action either before after the release of the
attached property, before any attachment shall have been
actually levied apply notion reasonable notice the
plaintiff to the court in which the action brought to the
Judge thereof that the writ of attachment be discharged the
ground that the improperly issued If upon such APP
picaon satisfactorily appears that the writ of attachment
improperly issued it shall be discharged
SECTION 49, Whenever order has been made dscharging
releasing attachment upon real property certified copy
of such order be filed in the Office in which copy of the
writ has been filed under Section of this Act and be ndexed
in like and all relating to such attachment
shall be paid by the plaintiff.
SECTION 90 judgment be recovered by the plaintiff the
sheriff shall satisfy the of the property attached by
him which has been delivered the defendant claimant
in this Act provided subjected execution another
judgment recovered before the issuing of the attachment
be sufficient for that purpose.
l. BY applying the execution issued on said judgment
the of all sales of peabe other property sold by
him. much shall bc to satisfy the judgment
O. any balance remain DUE he shall sell under the
ton much of the property real PERSONAL be