§653-1 - Government beneficiary defined. - Hawaii Statutes

     §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.