ยง501-46 - Default; effect.
ยง501-46ย Default; effect.ย If no person
appears and answers within the time allowed, the court may at once, upon motion
of the applicant and no reason to the contrary appearing, order a general
default to be recorded and the application to be taken for confessed.ย By the
description in the notice "to all whom it may concern," all the world
are made parties defendant and shall be concluded by the default and order.ย
After the default and order the court may enter a decree confirming the title
of the applicant and ordering registration of the same.ย The court shall not be
bound by the report of the examiner of title, but may require other or further
proof. [L 1903, c 56, ยง35; RL 1925, ยง3224; RL 1935, ยง5029; RL 1945, ยง12629; RL
1955, ยง342-30; HRS ยง501-46]
Cross References
ย Duty of attorney general when there are grounds for
contesting, see ยง501-44.
Case Notes
ย Cited:ย 35 H. 816, 822.