§664-34  Same; decision.  The court
shall hear the evidence offered relative to the right in controversy, and may,
if deemed desirable to the rendering of a correct decision, visit the locality
where the controversy arose.  It shall give such decision as may in each
particular case appear to be in conformity with vested rights and shall be just
and equitable between the parties.



The decision shall state expressly the findings
of fact on the evidence, and shall in cases of right of way clearly indicate
the location (if possible) and nature of the way; if on a water right, it shall
state the proportion of time for use, and any other things necessary to the
right.  It may also regulate the methods by which water may be obtained, and by
which its supply can be controlled.  As far as possible, the rights of parties
served by publication who have not appeared in the action shall be
ascertained.  Judgment shall be entered in accordance with the decision. [L
1886, c 69, §4; am L 1888, c 26, §4; am L 1907, c 56, §4;  RL 1925, §2939; RL
1935, §3680; RL 1945, §10221; RL 1955, §234-33; HRS §664-34; am L 1972, c 90,
§6(o)]



 



Cross References



 



  Return of service as prima facie evidence, see §634-22.



 



Case Notes



 



  Authority is limited to ascertaining, determining, and enforcing
proven rights.  24 H. 47.