§142-66  On public roads, lands.  If anyanimal mentioned in section 142-63 trespasses or strays on any of thegovernment roads bounded on both sides by legal fence, or upon any governmentland which is not used for animal husbandry situated in the counties of Hawaii,Maui and Kauai and the city and county of Honolulu, any police officer or suchperson as may be thereunto authorized by ordinance of the councils of saidcounties and city and county, may take up the animal and impound the same assaid councils shall provide.  The owner of the animals so taken up or impoundedshall pay to the police officer or such person as may be authorized fees asprovided in section 142-70 hereof.  In addition, if any damage is done by theanimals to a government road or land or improvements thereon, the owner thereofshall further pay such amount as shall be fixed by the directors of finance ofsaid counties or city and county.  In case the charges and pound fees are notpaid, the animals impounded shall be sold at public auction as provided by anyordinance relating thereto. [L 1907, c 125, §15; am L 1919, c 219, §1; RL 1925,§703; RL 1935, §281; RL 1945, §1087; am L 1947, c 15, §1; RL 1955, §20-65; HRS§142-66; am L 1974, c 63, §1]

 

Case Notes

 

  Under prior law itwas held that right to impound animals for trespass is altogether a statutoryright.  8 H. 710.

  Cited:  21 H. 532,536.