§651-40 Stay by judge; effect. Any judge of a court of record may, by order at chambers, in any cause in which an execution has been issued, grant a stay thereof in the officer's hands, for equitable reasons, when no appeal or writ of error is granted, upon the defendant giving bond and security for its payment with costs up to the stay. The property levied upon shall not be released from the levy by the stay of execution, and in case at the end of the time accorded the condition of the bond be not complied with, the plaintiff in execution may elect whether to proceed to the sale of the levied property, or to enforce the bond; provided that if the levied property is not sufficient to pay the judgment, with all costs, expenses, and commissions, the stay inclusive, the sureties in the bond shall be answerable for the deficiency. And when justice may require the renewal of any execution, or an extension of the time for making return to any execution, any judge of a court of record shall have power so to order. [CC 1859, §1033; RL 1925, §2444; RL 1935, §4143; RL 1945, §10170; RL 1955, §233-39; HRS §651-40]
Rules of Court
As to powers at chambers, see HRCP rule 77(b).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
651-4 Bond; amount and conditions.
651-10 Indemnity for police officer.
651-11 Execution in order of receipt.
651-12 Examination of defendant; where no property known.
651-13 Attached property; sale of.
651-14 Appointment of receiver.
651-15 Officer's return; how made.
651-17 Discharge by bond of defendant.
651-18 Discharge of writ when improperly issued.
651-20 Judgment satisfied out of attached property.
651-32 Execution, district court; form.
651-33 Bond for expenses on execution.
651-34 Time within which execution shall be returnable.
651-35 When property in circuit insufficient.
651-36 Execution, courts of record; form.
651-39 Available in all circuits.
651-42 How levy made, inventory.
651-43 Advertisement for sale.
651-44 Sale; proceeds; return.
651-49 Only defendant's interest sold.
651-50 Liability for exceeding powers.
651-52 Indemnity, how collected.
651-61 Exemption, how claimed.
651-62 Indemnity bond if exemption claimed.
651-63 Liability for selling exempt property.
651-64 Seizure of exempt property.
651-68 Proceedings on execution; appraisers; expiration of lien, result.
651-69 Application form contents.
651-93 Effect of separation, divorce, reconciliation.
651-94 Proceedings where real property can be divided without material injury.
651-95 Sale where real property cannot be divided; application of proceeds.
651-96 After sale, money equal to real property exemption protected.
651-121 Certain personal property and insurance thereon, exempt.
651-122 Personal property not exempt.