§607-8  Sheriff's or serving or levying
officer's fees in circuit court, intermediate appellate court, or supreme
court.  (a)  For all necessary travel in making the service, per mile for
every mile more than one...40 cents provided that:



(1)  No allowance shall be made where the serving
officer uses a conveyance furnished the serving officer by the State, or any
political or municipal subdivision thereof;



(2)  Where the serving officer serves more than one
person in the course of one trip, the serving officer shall not charge, in the
aggregate for all services more than the mileage for the entire trip; and



(3)  As far as practicable, in order to minimize the
mileage fees for the service, the sheriff or other chief of the serving
officers, where service of process is to be made upon an island other than that
upon which is situated the court issuing the process, shall cause the process
to be transmitted to a deputy, the chief of police, or other serving officer
upon the island of service who shall make the service upon receipt of the
process; and the service shall be valid, notwithstanding that the process may
not be addressed to the officer actually making the service or to the officer's
superior.



For serving
criminal summons or any other criminal process except a subpoena, for each
person served therewith $30 effective July 1, 2001.



For serving civil
summons or any other civil process,



except a subpoena or a
garnishee summons, for each person served therewith......................... $25
effective July 1, 2001.



For serving: subpoena,
for each person, $25; and



subpoena duces tecum or
garnishee summons, for each



person............................ $15
effective July 1, 2001.



For returning as
unserved after due and diligent search any process when it has been found that
the person to be served has left the State.......................... $5
effective July 1, 2001.



For serving any
execution or other process for the collection of money, for every dollar
collected up



to $1,000............................................ 5
cents.



And for every
dollar over $1,000............. 2-1/2 cents.



All fees paid to any printer for publishing an
advertisement of the sale of any property.



For every bill of
sale................................ $2.



For executing and
acknowledging a deed pursuant to a sale of real estate to be paid by the
grantee in the deed......... $8.



For drawing any
bond required by law.................. $2.



For serving writ of
possession or restitution, putting any person entitled into the possession of
premises, and removing a tenant pursuant to order of court........................ $25.



Together with all necessary expenses incurred
by the officer serving the writ, incident to the eviction.



For selling any property on an order from the
court other than an execution, the same allowance as for service and sales by
execution.



The fees for service of executions,
attachments, and collection of judgments, together with all costs incurred
after judgment rendered, not included in the judgment, in all courts of the
State, shall be collected in addition to the sum directed to be levied and
collected in the writ.



In lieu of any fee under this subsection, the
fee may be an  hourly rate of not less than $50 per hour agreed upon in advance
between the party requesting the service and the sheriff or police officer
performing the service.



(b)  Anything in this section or any other law
to the contrary notwithstanding, when any process or subpoena is served by a
subordinate of the sheriff or chief of police, it shall be illegal for the
sheriff or chief of police (1) if and so long as the sheriff or chief of police
is being paid a salary by the State or the county to receive or collect from
the subordinate any portion of the fees, mileage, or other expenses collected
by the subordinate, or (2) if and so long as the sheriff or chief of police is
not being paid any salary, to collect or receive from the subordinate more than
ten per cent of the fees accruing from the service, or any portion of the
mileage or other expenses collected by the subordinate.  Where a subpoena is
served in behalf of the State or any county by a nonsalaried subordinate of the
sheriff or chief of police, the regular fee for the service shall be payable to
the subordinate.  Nothing in this section shall be deemed to prohibit the
police commission of any county from requiring all fees, mileage, and expenses
be paid into a police benefit fund. [RL 1935, pt of §3791; am L 1939, c 19, pt
of §1; RL 1945, §9748; am L 1949, c 387, §2; RL 1955, §219-8; am L 1963, c 85,
§3; HRS §607-8; am L 1968, c 61, §3; am L 1969, c 23, §2; am L 1972, c 88,
§5(m); am L 1973, c 55, §2; am L 1974, c 149, §2; am L 1975, c 112, §2; am L
1978, c 127, §2; am L 1979, c 111, §5(4); am L 1980, c 96, §2; am L 1984, c 52,
§2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 58, §2 and c 281, §11; am
L 2001, c 214, §3]



 



Cross References



 



  Sheriff, etc., see §26-14.6.



 



Case Notes



 



  Cited:  34 H. 363, 375.