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

Courts Judge of any of record any order
az chambers which by the provisions of this Act may be made
by the court in term time When the proceedings
District Magistrate the magistrate shall be regarded as the
clerk OF the court for all purposes contemplated herein The
word sheriff as used in this Act the High Sheriff of
the Territory his deputy and when the proceedings
fore District Magistrate police officers ALSO Nothing this
Act shall be construed to permit District Magistrate issue
wr OF attachment to be served out of the Circuit in which his
district situated permit attachment Of real estate
any interest therein under writ issued by Magistrate
SECTION Q. The plaintiff at the time of commencing an
action at any time afterward before Judgment may have the
property of the defendant that any several
defendants which is not exempt from execution attached in
the manner hereinafter prescribed security for the safac
ton of such judgment he recover but writ of attach
ment shall be issued against theerritory any political
ncpal corporation o subdivision thereof
SECTION B. The writ of attachment shall be issued by the
clerk of the court in which the action pendng but before
any such writ of attachment shall issue, the plaintiff
one in his behalf, shall make and file with such clerk a
davt showing that the defendant indebted to the plaintiff
Specifying the of such Indebtedness and above all
just credits and ose) and that the attachment sought
and the action not prosecuted to hinder delay defaud
any creditor of the defendant; and either,
l. That the defendant conceas himself that the ordinary
process of law cannot be served upon him
That the defendant has absconded absened about
to acond absent himself from his place of abode in
this Territory that the ordinary process of law cannot be
served upon him;
That the defendant removed or about to remove
any of his property from this Territory with intent delay
defraud his creditors
That the defendant has assigned conveyed concealed
his property thereof with intent delay defraud
his creditors;
That the defendant to convert property or
thereof for the purpose of placing beyond
the reach of his creditors;
That the defendant fraudulenty contracted debt
incurred the obligation which action brought or
That the defendant is resident of this Territory
g. That the defendant foreign corporation; if
aed under the laws of this Territory that all the proper off
thereof whom the do not exist
nonresdents of the Territory cannot be found
That the action brought against the defendants prn
cpa and surety upon official bond money due the
Territory political municipal corporation subdi
vision thereof
SECTION Before the writ of attachment shall issue, tho
plaintiff in his behalf shall and file with
the clerk bond undertaking. with two suree in
least double the amount for which the plaintiff de.
mands Judgment and in case less than fifty dollars in Dis
tc Court three hundred dollars other court condi
toned that the plaintiff will prosecute his action without delay
and will pay all costs that may be adjudgd to the defendant
and all damages which he may sustain by of the attach
men not exceeding the amount specified in such bond
dertakng the penalty thereof should the be wronguy
oppessivey maliciousy sued With said bond
dertakng there shall also be filed the adavits of the suretes
from which appear that such suretes qualified and
that they taken together worth the specified in the
bond undertaking. and above all debts and liabilities
and property exempt execution But such bond shall
be required when the plaintiff the Territory officer
agent of the Territory suing for its use or benefit
SECTION The defendant may, any time before judg
the court for additional security the part Of the
plaintiff and it, such notion the court satisfied that any
surety the plaintiffs bond has removed from the Territory
that surety sufficient the attachment may be
directed of any property taken under it,
unless reasonable me to be fixed by the court further
cury given by the plaintiff in such amount and form as shall
be approved by the court.
Section In action such bond the plaintiff therein
may recover if he shows that the attachment wronguy
sued out and that there reasonable believe the
ground upon which the issued TO be rue the actual
damages and reasonable attorneys fees of not
than fifty dollars any case be fixed by the court and if it
be shown that such attachment sued out macousy no
may exemplary damages but no action shall be main
tanned any such bond until after final judgment 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 the and directed the sheriff.
and shall require him attach and safely keep much Of tho
property of the defendant will be sufficient to satisfy the de-
mand of the plaintiff, with costs and expenses
SECTION g. The sheriff shall attach such sufficient amount