§653-1  Government beneficiary defined. 
Any officer or employee, or other person in the service of the government of
the State, or of any political or municipal subdivision thereof, or in receipt
of, or entitled to a salary, stipend, or wages, from the State, or any
department, board, or bureau thereof, or from any political or municipal
subdivision of the State, shall for the purposes of this chapter, and of any
proceedings hereunder, be known and described as a government beneficiary,
hereinafter denominated such beneficiary. [L 1890, c 50, §1; am L 1903, c 53,
§1; am L 1921, c 66, §1; RL 1925, §2845; RL 1935, §4290; RL 1945, §10321; RL
1955, §238-1; HRS §653-1]



 



Cross References



 



  Garnishment proceedings against the retirement system, see
§88-92.



 



Attorney General Opinions



 



  Monies owed by State to vendor under public contract not
garnishable.  Att. Gen. Op. 72-12.



 



Case Notes



 



  But for this statute, garnishment would not lie, as there is
no privity of contract between disbursing officer and beneficiary.  2 H. 80.



  Contractor to whom government owes balance for building
bridge is not government beneficiary.  9 H. 195.  Lessees of Hawaiian Homes
Commission, which holds proceeds of pineapple sales, are not government
beneficiaries within meaning of this section, but the proceeds may be reached
by a creditor's bill.  37 H. 8, 12.



  No garnishee process against Territory, except as provided by
this chapter.  16 H. 106, 109.  Municipal corporation like private corporation
subject to process of garnishment.  23 H. 564, 570.



  Every government official, legislative, judicial, or
executive included if entitled to salary.  19 H. 428, 429; 31 H. 1014.



  Not violative of 14th amendment of U.S. Constitution.  19 H.
428, 430.