§651-4  Bond; amount and conditions. 
Before the writ of attachment shall issue, the plaintiff, or someone in the
plaintiff's behalf, shall execute and file with the clerk a bond or undertaking
with two or more sureties, in a sum at least double the amount for which the
plaintiff demands judgment, and in no case less than $50 in a district court,
or $300 in any other court, conditioned that the plaintiff will prosecute the
plaintiff's action without delay, and will pay all costs that may be adjudged
to the defendant, and all damages which the defendant may sustain by reason of
the attachment, not exceeding the amount specified in such bond or undertaking
as the penalty thereof, should the same be wrongfully, oppressively, or
maliciously sued out, and in case the defendant be declared a bankrupt, pay all
charges, damages, and expenses incurred by any police officer by reason of the
attachment.  With the bond or undertaking, there shall also be filed the
affidavits of the sureties, as provided in section 78-20.  But no such bond
shall be required when the plaintiff is the State or any officer or agent of
the State or any municipality suing for its use or benefit.  Subject to section
651-5, in any case where the amount for which the plaintiff demands judgment is
in excess of $50,000, the court may, upon motion of the plaintiff, enter an
order permitting a bond, conditioned as herein provided, in a sum as fixed in
the order of less than the amount hereinabove set forth; provided that the bond
shall in any event be not less than an amount equal to one and one-half times
the value of the property of the defendant proposed to be attached as shown to
the satisfaction of the court entering the order. [L 1905, c 84, §4; am L 1917,
c 18, §1 and am imp c 78, §1; RL 1925, §2808; am imp L 1931, c 163, §1; RL
1935, §4193; RL 1945, §10144; am L 1947, c 190, §1; RL 1955, §233-4; HRS
§651-4; gen ch 1985]



 



Case Notes



 



  Amount of bond is mandatory.  23 H. 702, 704.



  "Amount for which plaintiff demands judgment"
construed.  26 H. 637.



  Sufficiency of affidavit.  30 H. 658.