ยง651-62 - Indemnity bond if exemption claimed.
ยง651-62ย Indemnity bond if exemption
claimed.ย If any officer levies or is about to levy an attachment or
execution on any property claimed as exempt under subpart C, and a doubt arises
as to the liability of the property to be seized or sold, the officer may
demand of the plaintiff a bond with sufficient sureties, payable to the
officer, in a sufficient penalty, conditioned to indemnify and save harmless
the officer against all damages, costs, and expenses which the officer may
sustain in consequence of the seizure or sale of the property.ย If the bond is
not given after twenty-four hours' notice in writing from the officer to the
plaintiff, the plaintiff's agent, or attorney, if it is required, the officer
may refuse to levy, or, having levied, may dismiss the levy.ย If the required
bond is given, the officer shall seize and sell or dispose of the property
according to the command of the process in the officer's hands. [L 1901, c 9,
ยง12; RL 1925, ยง2456; RL 1935, ยง4157; RL 1945, ยง10184; RL 1955, ยง233-61; HRS
ยง651-62; am L 1976, c 136, pt of ยง4; am L 1978, c 46, ยง2; gen ch 1985]