§651-9 Writ; how executed.

311 words·~1 min read·/hi/chapter-651/651-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§651-9 Writ; how executed. The police officer to whom the writ is directed and delivered shall execute the writ without delay as follows:

(1)Real property or any interest therein shall be attached by recording in the office in which conveyances of the real property attached is recorded, a copy of the writ of attachment, with the officer's certificate endorsed or affixed, that by virtue of the original writ of which such copy is a true copy, the officer has attached the real estate, or all of the interest of the defendant therein, describing the same with convenient certainty as the property of the defendant, naming the defendant, in such writ;

(2)Personal property, capable of manual delivery, shall be attached by taking the same into custody;

(3)A security or any share or any interest evidenced thereby shall be attached in the same manner as is provided for the levy of an execution thereon. [L 1905, c 84, §9; RL 1925, §2813; RL 1935, §4198; RL 1945, §10149; RL 1955, §233-9; am L 1966, c 18, §6 and c 33, §7; HRS §651-9; gen ch 1985]

Revision Note

Pursuant to §23G-15, in:

(1)The prefatory language, comma deleted after "delivered"; and

(2)Paragraph (1), "indorsed" changed to "endorsed".

Law Journals and Reviews

Attachment or Levy of a Security Under the Uniform Commercial Code. 4 HBJ, no. 3, at 16 (1966).

Case Notes

Marshal had no power to enjoin persons not to pay over money to defendant. 1 H. 44 (1851).

Attachment complete when. 26 H. 342 (1922).

Attachment of motor vehicle registered with the city and county under the motor vehicle law. 38 H. 298 (1949).

Where levy of attachment not performed by police officer, attachment not properly levied and should not have been noted on transfer certificate of title to subject property. 81 H. 270, 916 P.2d 680 (1996).