§101-25  Payment of judgment, penalties. The plaintiff shall within two years after final judgment pay the amountassessed as compensation or damages and upon failure so to do all rights whichmay have been obtained by the judgment shall be lost to the plaintiff; and ifsuch payment is delayed more than thirty days after final judgment, theninterest shall be added at the rate of five per cent a year.  The payment shallbe made to the clerk of the court rendering the judgment.  The plaintiff shallwithin thirty days after the payment deposit in the mails of the United Statesa written notice addressed to the defendants, who have filed answers orappeared in court in the proceedings, or to their attorneys of record in theproceedings, if so represented, at their last known address, that the paymenthas been made, and the clerk of the court shall distribute the payment to thoseentitled thereto in accordance with the order of the court.  If the plaintifffails to make the payment as aforesaid, the defendant shall be entitled torecover judgment as provided in section 101-27.  If the plaintiff fails to givewritten notice of the payment as aforesaid, interest shall be added on theamount thereof at the rate of five per cent a year until the written notice is placedin the mails or until the defendant receives from the clerk of court the amountto which the defendant is entitled under the terms of the order of court,whichever event shall first occur. [L 1896, c 45, §17; RL 1925, §823; RL 1935,§65; am L 1937, c 184, §3; am L 1941, c 55, §1; RL 1945, §316; am L 1951, c 12,§1(j); RL 1955, §8-23; HRS §101-25; gen ch 1985]

 

Case Notes

 

  Section does not apply to proceeding by U.S. 244 F. 923.Statute is substance and not procedure, therefore not applicable.  Id.

  Interest.  4 U.S.D.C. Haw. 33.  Interest relates back to dateof judgment upon delay in payment of judgment.  45 H. 650, 372 P.2d 348.

  Final judgment means the judgment entered after dispositionof an appeal to the supreme court.  50 H. 237, 437 P.2d 321.

  Payment of post-judgment interest on award of fair marketvalue in leasehold condemnation.  72 H. 383, 819 P.2d 82.

  Cited:  4 U.S.D.C. Haw. 748; 30 H. 1, 6; 31 H. 781, 784; 48H. 349, 353, 402 P.2d 683.