§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 (1894).

Appointment of commissioner to subdivide land and set off to parties according to their interests, interlocutory. 34 H. 686, 693 (1938). Compare 9 H. 389 (1894), order of sale in partition final.

Order appointing commissioner and directing appraisal and sale is an interlocutory order. 43 H. 243 (1959).