§142-73  Jurisdiction; appeal.  The judge shall upon receiving the amount claimed, including pound fees, if any, or a good and sufficient bond for the amount, and the costs of the action, issue the required certificate, and at the same time summon the parties to appear before the judge with their witnesses; and after a fair hearing the judge shall decide between them.  No appeal shall be allowed from the judge's decision unless taken and perfected within five days after the decision has been rendered.  In case of appeal the judge shall send up the costs deposited, and the amount claimed or the bond given in lieu of the amount, to the appellate court together with the certificate of appeal.  If it appears on trial that the impounding was illegal, the landowner shall be compelled to pay the pound fees. [L 1907, c 125, §21; RL 1925, §709; RL 1935, §287; RL 1945, §1093; RL 1955, §20-72; HRS §142-73; am L 1970, c 188, §39]

Case Notes

  Party who impounds has burden of showing the right to impound.  21 H. 532 (1913).