[§634-29]  In case of attachment, etc., of
real property.  In all cases of attachment, sequestration, or injunction of
real property, the officer serving the writ shall, in addition to personal
delivery of a copy thereof to the defendant, post upon the premises a copy of
the process, and a notice of the day and hour when attached, sequestrated, or
enjoined, and shall also give notice thereof in a newspaper or newspapers
suitable for the advertisement of judicial proceedings.  But in all cases where
a writ of attachment is issued in accordance with chapter 651 relating to
attachments, and the defendant in attachment was never a resident of the State
or has departed from the State or secretes oneself so that the writ of
attachment cannot be personally served upon the defendant, personal service of
the writ upon the defendant may be dispensed with.  All after-leases,
mortgages, sales, devises, assignments, trusts, or other conveyances of the
property, until the dissolution of the process, shall be void in law as against
the plaintiff in such cases. [CC 1859, §1124; am L 1903, c 5, §1; am imp L
1917, c 67, §1; RL 1925, §2348; RL 1935, §4084; RL 1945, §10066; RL 1955,
§230-37; HRS §634-64; ren HRS §634-29; gen ch 1985]



 



Rules of Court



 



  See HRCP rules 4(e), (f), 64, 65; DCRCP rule 64.



  Proof of publication, see RCC rule 11.



 



Case Notes



 



  Execution must be postponed to the lien of a prior
attachment.  6 H. 564.



  Compliance with statute while essential to completion of a
title under the lien established by the levy of attachment constitutes no part
of the levy itself.  26 H. 342.



  Valid attachment is dissolved only if defendant puts up bond
or recovers judgment, or action is discontinued or dismissed.  51 H. 164, 454
P.2d 116.



  Section is in pari materia with §§651-44 and 651-49 and a
mortgage made subsequent to attachment is void as against attaching creditor. 
51 H. 164, 454 P.2d 116.