Page:United States Statutes at Large Volume 70.djvu/270

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PUBLIC LAW 642-MAY 28, 1966

Public Law 542 May 28, 1956 [H. R. 7186]

HawaU. Claims, War II.

World

P u b l i c a t i o n of notice.

Circuit courts. Applicability of rules, etc.

Procedures claimants.

for

CTO S T A T.

CHAPTER 329

AN ACT To provide for the review and determination of claims for the return of lands, in the Territory of Hawaii, conveyed to the Government during World War II by organizations composed of persons of Japanese ancestry.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any organization or group made up of persons of Japanese ancestry, which, prior to World W a r II, held lands, with or without improvements, in the Territory of Hawaii for eleemosynary purposes and which lands were conveyed by such organization or group during World War II to the Territory of Hawaii or any political subdivision thereof, may, notwithstanding any other provision of law pertaining to statutory limitations of actions or laches, make a claim for the return thereof. Such claim shall be made within two years after the date of approval of this Act by filing a verified petition in the circuit court of the Territory in which the property was situated at the time the same was originally conveyed to the Territory or its political subdivision. SEC. 2. The Governor of the Territory shall, within sixty days after the date of approval of this Act, cause to be published at least once a week for a period of three weeks in a newspaper of general circulation in the Territory a notice stating in general terms the purpose of this Act, the period in which claims may be filed, and where such claims may be filed. SEC. 3. The rules of the circuit court of the Territory of Hawaii ertaining to civil procedure, including rules relating to appeals, shall e applicable to the proceedings authorized by this Act. All court costs and fees, both in the circuit and appellate courts, shall be assessed and paid in the same manner as in civil cases. The courts shall advance on their dockets and expedite the disposition of all claims filed therein pursuant to this Act. The Attorney General of Hawaii may intervene in any proceeding instituted under the provisions of this Act. SEC. 4. The petition shall allege and it shall be shown— (a) that during World W a r II a conveyance of lands, with or without improvements, was made to the Territory of Hawaii, or a political subdivision thereof, by an organization or group made up of persons of Japanese ancestry theretofore holding such property for eleemosynary purposes; (b) that such conveyance was made without monetary consideration other than the assumption of mortgages or other encumbrances, or was made upon a nominal consideration; (c) that such conveyance was not lawfully.authorized under the laws, constitution, bylaws or the like governing the same, or alternatively that such conveyance was made or procured in such a manner as to cause such conveyance to be voidable; (d) that the petitioner is, or the petitioners are, the real parties in interest, and that ho assignment or transfer of the claim, or of any part thereof or interest therein, has been made except as stated in the petition; (e) that the return of the property is sought for the purpose of resuming the eleemosynary use for which the property was held prior to the conveyance to the Territory or a political subdivision thereof, or alternatively, if the petitioner does not intend to resume the eleemosynary use of the property for which it was held prior to the conveyance to the Territory or political subdivision thereof, the petitioner shall indicate in its petition

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