§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]
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