§172-5  Hearing, foreclosure.  If in any
case, an appearance is entered and answer filed, the cause shall be set down
for hearing on the motion of either party, but an order of default may first be
entered against all persons who do not appear and answer in the manner provided
in section 172-4.  If on the trial of the cause it appears that commutation is
due the State on the land in question, or in case of an order of default having
been entered, the judge may make an order that unless the amount of the commutation,
together with all costs accrued, is paid within thirty days, the property or so
much thereof as may be necessary, shall be sold at public auction to the
highest bidder to satisfy the government's lien for commutation, together with
interest, costs of appraisement, the costs of publication of the notice herein
provided for, costs of court and of sale, and that the owner or owners of the
property and their predecessors in title shall be forever foreclosed and barred
from any right to redeem the property so sold. [L 1909, c 90, §5; RL 1925,
§574; RL 1935, §1605; RL 1945, §4635; RL 1955, §100-5; HRS §172-5]



 



Rules of Court



 



  Assignment of cases for trial, see HRCP rule 40.