§651-33  Bond for expenses on execution. 
Upon the petition of the sheriff, deputy sheriff, or police officer to whom an
execution has been directed, showing that the levy and sale required by the
execution will involve unusual expense to the officer and that the officer may
be unable to collect such expense from the proceeds of the sale or from the
defendant, the judge of the court issuing the execution may upon a hearing of
the petition direct the person beneficially interested in the execution to tender
to the officer a cash or surety bond in an amount determined as proper by the
judge, conditioned that, if the levying officer is unable to collect the
levying officer's reasonable charges and expenses from the proceeds of the
property levied upon or from the defendant, the person beneficially interested
in the execution will pay the same.  The petition shall be heard upon citation
and order to show cause duly served upon the interested person.  In the event
the order is not complied with, such officer may decline to levy upon or sell
the property of any person against whose property the execution has been
issued. [L 1945, c 132, §1; RL 1955, §233-32; am L 1963, c 85, §3; HRS §651-33;
am L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281,
§11]



 



Cross References



 



  Sheriff, etc., see §26-14.6.