§501-41  Notice of application.  If, in the opinion of the examiner, the applicant has a good title as alleged, and proper for registration, or, if the applicant after an adverse opinion of the examiner, elects to proceed further, the registrar shall, immediately upon the filing of the examiner's opinion, or the applicant's election, cause notice of the filing of the application to be published in some newspaper of general circulation.  The notice shall be issued by the order of the court, attested by the registrar, and shall be in form substantially as follows:


     Registration of Title.  Land Court.  No....

     State of Hawaii.

     To (insert and classify the names of all persons known to have an adverse interest, and the adjoining owners and occupants, so far as known), and to all whom it may concern:

     Whereas, an application has been presented to the court by (name or names and address in full) to register and confirm title in the following described land (insert description):

     You are hereby cited to appear at the land court to be held the Island of........on of......A.D..... at....o'clock....M., to show cause, if any you have, why the prayer of the application should not be granted.  And unless you appear at the court at the time and place aforesaid your default will be recorded, and the application will be taken as confessed, and you will be forever barred from contesting the application or any decree entered thereon.

     Witness, the Presiding Judge of the court.  Dated: .........






     The description included in the notice in addition to the number of award, patent, and grant and name of awardee or original grantee need not be by metes and bounds, but may be a brief general description of the land sufficient to identify the same.  The notice shall contain a statement that the map of the land and the description thereof by metes and bounds are on file in the land court and are open to inspection. [L 1903, c 56, §31; am L 1907, c 43, §3; am L 1913, c 21, §1; RL 1925, §3220; am L 1933, c 22, §1; RL 1935, §5024; RL 1945, §12624; RL 1955, §342-25; HRS §501-41; am L 2006, c 38, §12]


Rules of Court


  Notices, see RLC rule 12.


Case Notes


  Cited:  34 H. 93, 99 (1937).