§668-17  Costs.  All costs of the
proceedings in partition shall be paid by the plaintiff in the first instance,
but eventually by all of the parties in proportion to their interests, except
such costs which may be occasioned by contests as to particular shares or
interests, which shall be charged against the particular shares or interests
involved and be paid as determined by the result of the trial of the particular
issue.  In addition to costs of the proceeding the judge may allow any fee or
fees for legal services rendered by the attorneys for any of the parties, and
apportion the same for costs for payment by and between the parties or any of
them, all as to the judge shall seem equitable in the light of the services
performed and the benefits derived therefrom by the parties, respectively. 
When more than ten defendants are named in a complaint for partition, no
greater payment for costs shall be required of the plaintiff than would be
required if there were but ten defendants. [L 1923, c 178, §17; RL 1925, §2777;
am L 1929, c 179, §1; RL 1935, §4756; RL 1945, §12466; RL 1955, §337-17; HRS
§668-17; am L 1972, c 90, §11(r)]



 



Case Notes



 



  Applies to attorney's fees and costs in a quiet title action
required for a partition.  68 H. 429, 717 P.2d 516.



  Award of fees premature.  4 H. App. 584, 671 P.2d 1025.



  See 34 H. 686; 34 H. 854; 35 H. 262; 35 H. 682; 35 H. 779.