§88-92  Garnishment in certain cases;
procedure.  Whenever the comptroller or attorney general of the State, or
any county finance director or attorney, or the head of any department, bureau,
board or other agency of the State or any county finds, or has reason to
believe, that any person entitled to any moneys mentioned in section 88-91
(such person being hereinafter in this section designated as the defendant) has
embezzled, stolen or otherwise unlawfully taken, received, retained or failed
properly to account for, any property or funds belonging, and which have not
been returned or repaid, to the State or any county or any department, bureau,
board, or other agency thereof, he shall promptly notify the board of trustees
thereof in writing requesting the board to withhold payment of such moneys to
the defendant pending the investigation hereinafter provided for and shall
proceed promptly to make such investigation as he deems necessary to ascertain
the facts.



If after the investigation he finds insufficient
evidence in his judgment to warrant the action hereinafter provided for, or if
the investigation exonerates the defendant, he shall promptly notify the board
in writing of such finding and shall withdraw the notice to withhold.



If, however, in his judgment, the evidence
warrants the action, he shall forthwith bring an action in the name of the
State or county, or the department, bureau, board or other agency concerned (if
it is authorized by law to sue in its own name), as the case may be, against
the defendant in a court having jurisdiction of the amount of the judgment
prayed for in any district or circuit, as the case may be, in which the
defendant can be found or resides, or in the circuit court of the first
judicial circuit, setting forth of his own knowledge or on information and
belief, as the case may be, the facts of the case, including the amount of
funds or the value and description of the property alleged to have been
embezzled, stolen or otherwise unlawfully taken, received or retained, or not
properly accounted for, naming the board as garnishee, and praying for judgment
against the defendant and for the issuance of garnishment process against the
board.  All such courts are hereby given jurisdiction of these actions.



The form of the complaint and summons shall be
similar, as nearly as may be, to that used in proceedings against government
beneficiaries under chapter 653, and the action authorized by this section
shall lie notwithstanding the fact that the claim in certain cases may be for an
unliquidated amount or may sound in tort.  Upon receipt of the notice, the
board shall withhold the payment of the moneys to the defendant for the period
and in the manner hereinafter provided.  If the garnishment process hereinabove
mentioned is not served upon the board within the period of sixty days after
receipt by the board of the notice to withhold, or if before the expiration of
the period the notice to withhold shall be withdrawn, the board shall thereupon
pay such moneys to the defendant.



If, however, the garnishment process is served
upon the board within the period, it shall be unlawful for the board to pay any
such moneys to the defendant or his order until the garnishment proceedings
shall have been withdrawn or dismissed, or the judgment, if any, obtained
against the defendant shall have been fully paid, any of which events, as the
case may be, shall be certified by the court, in or before which such
proceedings has been pending.  The moneys so withheld from the defendant shall
be deemed sequestered in the custody of the board from the time of service on
the board.  At any time after service upon the board, the court, upon the
consent of the plaintiff or upon motion of the defendant or of the board and
notice to the plaintiff, may determine whether the amount so withheld is
excessive in comparison with the judgment that the plaintiff might obtain in
the action, and, if so, what part thereof is a reasonable amount to be so
sequestered, and may thereupon release the remainder thereof from being so
sequestered.



The provisions of chapter 653 shall be
applicable, as nearly as may be, to garnishment proceedings authorized by this
section, as to certification of the judgment to the garnishee, payment of
judgment, and other matters not specifically provided for in this section. [L
1933, c 81, §2; RL 1935, §7931; RL 1945, §716; RL 1955, §6-59; am L 1957, c
152, §1; HRS §88-83; am L 1969, c 110, pt of §1]