§668-13  Commissioners in partition. 
The court shall have power in its discretion to appoint a commissioner or
commissioners to act under the directions and subject to the approval of the
court, and may invest them with power to investigate and report to the court as
to the practicability of partition of the property in whole or in part, and
where partition is deemed practicable to prepare a plan for division of the
property into lots or parcels, including provision for any necessary roads or
rights-of-way, and making of maps and surveys, and for appraisements, or any
other matters, referred to them by the court, with their recommendations as to
the division or allotment of the parcels among the parties interested.  The
commissioners shall have power, as and when directed by the court, to make
deeds of partition or of sale of the property.  Before making any sale the
commissioners shall each give security approved by the court conditioned for
the faithful discharge of their duties.  Upon the filing of any report by
commissioners in partition the parties may have such time as the court may
allow to file any objections thereto or to any part thereof, and if any
objections are filed the court shall upon notice hear and determine the same.
[L 1923, c 178, §13; RL 1925, §2773; RL 1935, §4752; RL 1945, §12462; RL 1955,
§337-13; HRS §668-13; am L 1972, c 90, §11(o)]



 



Case Notes



 



  Report of commissioners on partition of lands is in nature of
decision of judge without a jury and should not be set aside unless evidence
clearly shows error.  9 H. 417.



  Order appointing commissioner and directing appraisal and
sale is an interlocutory order.  43 H. 243.  Appointment of commissioner to
subdivide land and set off to parties according to their interests,
interlocutory.  34 H. 686, 693.  Compare 9 H. 389, order of sale in partition
final.