the said summons may have issued, and the magistrate or justice, having caused reasonable notice to be given to the plaintiff in the action, shall proceed to take the deposition of the person thus summoned, and make such order as may be proper in the premises, at any time previous to the day appointed for hearing the cause, and the person so summoned as agent, factor, trustee, or debtor of the party defendant shall be taken to have obeyed the summons. § 1721. If upon disclosure made on oath by such debtor it appears that such garnishee is indebted to the defendant, but that such debt is not payable and become due until some future time, then such judgment as the plaintiff may recover shall constitute a lien upon such debt until at the time it shall fall due and payable. § 1722. The provisions of this chapter and the powers conferred therein shall extend to all the common-law courts of this Territory, according to their jurisdiction, as at present or in future organized. § 1723. The foregoing section 1720 shall be printed or written conspicuously on every summons issuing out of any court of this Territory which may be intended to be served on any alleged attorney, factor, trustee, or debtor of a defendant in any suit. NOTE TO CHAPTER 109. SS 1710-1723 are S. L. 1876, ch. 35, C. L., p. 279. Cases in Hawaiian Reports: Frag v. Adams, 5 Haw., 665; Lee Ah Sue v. Chu Kee, 6 Haw., 624; Hackfeld v. Kavanagh, 6 Haw., 660; Byrne v. Allen, 10 Haw., 327; Lai Say v. Kaaahu, 10 Haw., 499. CHAPTER 110. GARNISHEE OF GOVERNMENT BENEFICIARIES. § 1724. Any officer or employee or other person in the service of the government of Hawaii, or in receipt of or entitled to a salary, stipend, wages, annuity, or pension from the said government, or any department, board, or bureau thereof, shall, for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government beneficiary, hereinafter denominated such beneficiary. § 1725. The salary, stipend, wages, annuity, or pension of such beneficiary may be attached for, and applied in the payment of, his debts in the manner prescribed in this chapter. § 1726. The creditor of such beneficiary may bring his suit against his debtor and in his petition or declaration allege, to the best of his knowledge, (1) the office or employment held or pursued by such beneficiary, in or under what department, board, or bureau of government, where he is resident, and where chiefly so employed; (2) the amount of the monthly salary, wages, or stipend, or the annual salary or pension or annuity of such beneficiary; (3) the name and location of the officer of government through whom such beneficiary is accustomed or entitled to draw his salary, stipend, wages, annuity, or pension. 1727. In his prayer for process such creditor may include a request to the court or magistrate issuing the same to insert therein a direction to the officer serving the same to leave a true copy thereof (which shall be attested by the chief sheriff, his deputy, some sheriff, deputy sheriff, or captain of police) with the officer in whose hands the salary, stipend, wages, annuity, or pension of such debtor are sought to be attached, as provided in section 1731, such officer being hereinafter named the garnishee. § 1728. Service of such copy upon such garnishee may be made in any of the manners here described, namely: If he live or have an office in the district in which such process is issued, by the officer handing such copy to him in person or by leaving it in his office in charge of some deputy or clerk or other employee or attachee of such office; if he live in a district other than that in which such process was issued, by handing such copy to him in person or by depositing it in the nearest post-office in a sealed envelope, post paid, and addressed to such officer at his accustomed post-office. § 1729. In case of service upon such garnishee, if served by an officer, his certificate of such service, specifying the particulars thereof, shall be prima facie proof of such service, and shall be ample for the purposes of section 1731, from the time when such copy shall be handed to or be left in the office of such garnishee, or shall reach him or his office by mail. § 1730. Service of process upon such beneficiary may be made as has been usual or shall be provided in case of civil suits in general. § 1731. It shall not be incumbent upon such garnishee to appear in any court or file any answer to such process, but the trial of such suit may proceed in all respects as though such garnishee had not been included in the suit. But from the time of the service of such copy upon such garnishee it shall be unlawful for him to pay or cause or permit to be paid to such beneficiary as shall be named in such copy more than seventy-five per cent of the salary, stipend, wages, annuity, or pension which shall then be or shall thereafter become due, owing, or payable to such beneficiary until the suit against him shall have been withdrawn or dismissed or the judgment obtained against him therein, if any, shall have been fully paid, with legal interest theron, either of which events, as the case may be, shall be certified by the court in or before which suit or proceeding has been pending. The amount or amounts withheld from such beneficiary in pursuance hereof shall be deemed sequestered in the hands of the government from the time of such service on such garnishee: Provided, That no more shall be thus sequestered in advance of final judgment than shall be sufficient to meet the demand of the plaintiff or plaintiffs in such suit or suits. § 1732. The obligations and inhibitions hereby imposed upon such garnishee shall be equally binding upon his official superiors and successors to whose notice the fact shall come of such service upon such garnishee. § 1733. After trial or hearing of such suit, either in the original or any appellate court, the party prevailing in such trial or hearing shall obtain from the court in or before which the trial or hearing was had a certificate which shall sufficiently describe the action to apprise the garnishee of its identity, and shall state the nature of the judgment, if any, rendered therein, whether any appeal from or exceptions to such judgment were noted at the time of rendering such judgment, or whether the suit had been voluntarily withdrawn or discontinued, and such certificate shall be immediately furnished to the garnishee. § 1734. In case of the withdrawal or discontinuance of such suit, or of the rendition of judgment therein wholly favorable to such beneficiary, from or to which judgment no appeal or exceptions shall have been noted at the time when it was rendered, and the certification thereof to such garnishee, the inhibitions placed upon such garnishee by the service of such copy shall be void and of no further effect. But in case of judgment being rendered for either party in such suit from or to which an appeal or exceptions shall have been noted at the ime, the garnishee shall continue bound by such service until the result of such appeal or exceptions shall have been duly certified to him as hereinbefore provided. § 1735. In case there shall be certified to such garnishee a judgment for the plaintiff from or to which no appeal or exceptions shall, at the time of its rendition, have been noted, it shall be incumbent upon such garnishee and his official superiors to pay or cause to be paid to such plaintiff such sum or sums as shall theretofore have been sequestered in pursuance of such suit, if such judgment shall equal or exceed such sum or sums. If the amount as sequestered shall not suffice to extinguish such judgment, then such sequestration and payment to such plaintiff by such garnishee and his official superiors shall continue from week to week, or from month to month, until such judgment, with legal interest thereon, shall be fully paid, or until such beneficiary shall quit the service and dissolve his relation to the government upon which such sequestration is founded. § 1736. For the purposes of this chapter it shall be sufficient to serve such copy of process as aforesaid upon the officers hereinafter respectively named, that is to say: 1. In suits against any judge or justice of a court of record, any person drawing or entitled to a pension or annuity, or to a salary provided for in the civil list, the auditor or any other officer, pensioner, or person usually drawing or entitled to draw for his salary, stipend, wages, annuity, or pension, upon the treasurer direct, without obtaining a draft therefor-the treasurer. 2. In suits against any officer or employee of the judiciary department, except those above named, and district magistrates-the chief justice, or in his absence the senior of the justices of the supreme court who shall be present and accessible in his office. 3. In suits against police or district justices-the circuit judge of the circuit in which such justices reside, except that in case of such suits against police or district justices on the island of Oahu, such service shall be made on a justice of the supreme court, as provided in paragraph 2 of this section. 4. In suits against any officer, teacher, or employee of the department of public instruction, except teachers on the islands other than the island of Oahu-the superintendent of public instruction. 5. In suits against any teacher employed by the department of public instruction on an island other than Oahu-the school agent for the district where such teacher is employed. [6. 8. In suits against any officer or employee of any such board or bureau as mentioned in paragraph 6 hereof, except as therein provided-the chief or executive officer thereof; as, for instance, in the case of an officer or employee of the bureau of public works, such service shall be made upon the superintendent of public works; and in the case of an officer or employee of the board of health, such service shall be made upon the president of said board. 9. In suits against any officer or employee of the treasury department (except as provided in paragraphs 11, 12, 13, and 14 hereof), and including the assessors and collectors of taxes for the respective divisions-the treasurer. [10.] 11. In suits against any deputy assessor and collector of taxes, or other official subordinate of any assessor and collector of taxes-the assessor and collector of taxes for the division in which such deputy or other subordinate shall be employed. [12.] [13.1 [14.] 15. In suits against any officer, noncommissioned officer, private, or member of the Hawaiian band, or of any military or naval force-the officer who shall be by law charged with the disbursement of the salaries or pay of such band or force, as the case may be. 16. In suits against any officer in the department of the attorneygeneral, for whom a specific salary is appropriated by the legislaturethe attorney-general. 17. In suits against any police officer or other subordinate of the chief sheriff on the island of Oahu, except as provided in paragraph 16 of this section-the chief sheriff of the Territory. 18. In suits against any police officer or other subordinate of the sheriff of any island or group of islands other than Oahu, except as provided in paragraph 16 of this section-the sheriff or deputy sheriff of the island or group of islands where such officer or subordinate shall be employed. 19. În suits against any official subordinate or employee of any road board or road supervisor-the chairman of such road board or such road supervisor, as the case may be. § 1737. In case of successive suits being brought against any such beneficiary, in which any portion of his salary, stipend, wages, annuity, or pension shall be sought to be sequestered, as provided herein, precedence shall be given by the garnishee to him whose process is first served upon such garnishee; and if two or more such processes be simultaneously served upon him they shall be entitled to precedence in the order of the priority of their issue by the court or courts from which they respectively emanated, subject to the provisions of the following section. § 1738. The order of precedence established by the last preceding section shall not be disturbed by the fact of a posterior suit being carried to final judgment earlier than its anterior in point of such service upon the garnishee, but in such case the garnishee shall pay or cause to be paid on account of such earlier judgment only such sums as shall be payable upon such judgment from the amounts which shall thereafter become due and payable to such beneficiary. All amounts sequestered on account of such anterior suit shall be held to await the result thereof, when, if final judgment shall pass against such beneficiary, the amount so sequestered and held shall be applied in payment of such judgment. In case such amounts shall not suffice to satisfy such judgment, then all judgments obtained in posterior suits shall be again postponed to that in the anterior suit, until it is satisfied. 8 1739. All payments made on account of any such judgment, as herein before provided, shall be noted and charged against such beneficiary in like manner as if they had been paid to him personally on account of such salary, stipend, wages, annuity, or pension. 8 1740. There shall be printed upon the face of the process issued in any suit brought under the provisions of this chapter a literal copy of section 1731, together with the date of the approval thereof. NOTE TO CHAPTER 110. SS 1724-1740 are S. L. 1890, ch. 50. Cases in Hawaiian Reports: Morse v. Robertson, 9 Haw., 195; Sun Hop Sing v. Wright, 10 Haw., 260. CHAPTER 111. LIENS. PART I.-MECHANICS AND MATERIAL MEN. § 1741. Any person or association of persons furnishing labor or material to be used in the construction or repair of any building, structure, railroad, or other undertaking shall have a lien for the price agreed to be paid for such labor or material (if it shall not exceed the value thereof) upon such building, structure, railroad, or other undertaking, as well as upon the interest of the owner of such building, structure, railroad, or other undertaking in the land upon which the same is situated. § 1742. The lien provided in the first section hereof shall not attach unless a notice thereof shall be filed in writing in the office of the clerk of the circuit court, as the case may be, where the property is situated, and a copy of the notice be served upon the owner of the property. Such notice shall set forth the amount of the claim, the labor or material furnished, a description of the property sufficient to identify the same, and any other matter necessary to a clear understanding of the same. The lien shall continue for three months, and no longer, after the completion of the construction or repair of the building, structure, railroad, or other undertaking against which it shall have been filed, unless the same shall have been satisfied, or proceedings commenced to collect the amount due thereon by enforcing the same. § 1743. The clerks of the circuit courts shall keep in each office a book called "Mechanics' Lien Record," in which shall be entered a memorandum of each lien filed. The record shall be arranged alphabetically in the name of the owner of the property, and shall state in addition to such name the amount of the lien or claim, by whom filed, the date of filing, a brief description or identification of the property against which it is filed, the date of proceeding to enforce, the date of discharge, and any other matter deemed necessary. § 1744. The lien herein provided shall have force only from the date of filing. It shall have priority in the order of filing over other liens of any nature, and shall be subject to any prior recorded lien or judgment. Whenever the lien hereby provided shall be satisfied (other than by the limitations expressed in section 1742), a written notice thereof shall be filed with the clerk of the circuit court, as the case may be, which shall be noted in the mechanics' lien record. § 1745. The liens hereby provided may, after demand and refusal of the amount due, or upon neglect to pay the same upon demand, be enforced by proceedings in any court of competent jurisdiction, by service of summons, as now practiced. Such summons shall set forth the ordinary allegations in assumpsit, and, in addition thereto, note that a lien has been filed. Before proceeding to trial the defendant shall be served with a detailed specification of the claim, provided that no such specification shall have been furnished before proceedings were commenced. Judgment upon such proceedings shall be as in ordinary cases, and may be enforced by execution as now allowed. In case the contract for services or material upon which the lien has accrued shall have been directly with the owner of the property, an attachment may issue in connection with the suit upon the filing of a bond of indemnity to the said owner in such sum as the magistrate or |