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
PL 84-542 (H.R.7186), enacted 05/28/1956

214 
PUBLIC LAW 642-MAY 28, 1966 
CTO S T A T . 
May 28, 1956 
[H. R. 7186] 
Public Law 542 
CHAPTER 329 
AN ACT 
To provide for the review and determination of claims for tlie return of lands, 
in the Territory of Hawaii, conveyed to the Government during World War II 
by organizations composed of persons of Japanese ancestry. 
HawaU. 
C l a i m s , 
World 
War II. 
P u b l i cation of 
notice. 
Circuit courts. 
Applicability of 
rules, etc. 
Procedures 
claimants. 
for 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That any organiza-
tion or group made up of persons of Japanese ancestry, which, prior to 
World War II, held lands, with or without improvements, in the 
Territory of Hawaii for eleemosynary purposes and w^hich lands were 
conveyed by such organization or group during World War II to the 
Territory of Hawaii or any political subdivision thereof, may, not-
withstanding 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 circula-
tion 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 Haw^aii 
E
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 War II a conveyance of lands, with 
or w^ithout 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 con-
sideration other than the assumption of mortgages or other en-
cumbrances, or was made upon a nominal consideration; 
(c) that such conveyance w^as 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 Avhich the property was 
held prior to the conveyance to the Territory or a political sub-
division 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 sub-
division thereof, the petitioner shall indicate in its petition 
T
O STAT.] 
PUBLIC LAW 642-MAY 28, 1966 
216 
Aviiether there are some otlier purposes for its seeking the return 
of the property and what disposition it intends to make of the 
property, if the same is returned; and 
(f) that the respondents named in the petition include and 
constitute the grantee or grantees and their successors in title, 
if any, who received the original conveyance and all other persons 
or Government bodies having or claiming any interest therein or 
occupancy thereof; and all such respondents shall be personally 
served with the petition. 
H 
n 
d d 
SEC. 5. If the allegations required by section 4 hereof are contained terttan'ltion'o*? 
in the petition, the circuit court shall hear and determine the claim as claims, 
a court of equity, without a jurj, and may, in the exercise of its sound 
discretion and within the principles hereinafter set fortli, eitlier direct 
the return of the property to the petitioner, if the allegations of the 
petition are sustained, or make such other order as it shall deem 
appropriate. 
SEC. 6. In the disposition and determination of such claims, the eq^ty"*^^^^*' °' 
circuit court shall, in addition to the general principles of equity, be 
governed by the following principles: 
(a) In case of an assignment or transfer of a chiim, or any part 
thereof or interest therein, the claim, or so much thereof as is in-
volved in the assignment or transfer, shall be denied and disallowed 
unless it shall be shown that the assignment or transfer was made for 
a good and sufficient reason without any motive of speculation, 
(b) If the allegations of the petition are proved, and if the prop-
erty is then being used by the Territory or a political subdivision 
thereof, the court may direct that the property be retained for a 
reasonable time so as to allow the Territory or political subdivision 
thereof using the property to obtain other accommodations. 
The 
use of the property during such period of time shall be without charge 
to the Territory or political subdivision thereof, as the case may be. 
(c) If an eminent domain proceeding for the condemnation of the 
property, or any part thereof, for public use is brought by the Terri-
tory or political subdivision within the time so allowed by the court, 
in such eminent domain proceeding, the property shall be valued and 
the proceeding shall be heard and determined in all respects as if filed 
upon the date of the original conveyance and as if an order had been 
made letting the Government into possession on said date: Provided^ 
That at its option, the Territory or political subdivision may bring 
eminent domain proceedings for condemnation of the property or 
pai-t thereof required for public use without invoking the preceding 
provisions of this sentence: Pro aided further^ That in the event the 
Territory or political subdivision shall have discharged encumbrances 
upon the property for which it is entitled to reimbursement as pro-
vided by subsection (e), the same may be made a setoff in any eminent 
domain proceeding brought for condemnation of the property or part 
thereof required for public use. 
(d) Xo vested rights or interest of any person, whether held in 
fee simple or for a term of years or otherwise, shall be impaired by 
the disposition of any such claim. 
If the property has been sold, the 
court may direct payment by the Territory or political subdivision 
thereof to the persons who would have been entitled to the return of 
the property had it not been sold. 
Such payment shall not exceed the 
consideration received for the property, and such payment shall be 
without interest. 
(e) In respect of property which has been improved during the 
tenure of the Territory or political subdivision thereof, either by the 
making of new improvements or by betterment of the property in any 
216 
PXJBLIC LAW 64a-MAY 28, 1956 
[70 ST 
A T . 
Appr<^riationB. 
Exercise of emi-
nent domain. 
form, it shall be a condition to the granting of the claim that the Ter-
ritory or political subdivision thereof be reimbursed, without interest, 
for such improvements. 
(f) In respect of mortgages, tax liens, or other encumbrances upon 
the property at the time of the original conveyance, which by reason 
of the conveyance were assumed or have been discharged, it shall be 
a condition to the granting of the claim that the Territory or political 
subdivision thereof be relieved of the obligations so assumed, and to 
the extent that the same shall have been discharged, that the Territory 
or political subdivision thereof, as the case may be, be reimbursed 
without interest therefor. 
(g) The court shall not make any pecuniary award to any peti-
tioner for rents or damages or for any other cause, and the redress 
of petitioners shall be confined to the return or proper disposition of 
the property according to the principles herein set forth, except as 
stated in paragraph (d) of this subsection. 
SEC. 7. The Territory of Hawaii may appropriate funds for the 
purpose of carrying out the provisions of this Act. 
SEC. 8. Nothing contained in this Act shall preclude the Territory 
of Hawaii from exercising the power of eminent domain. 
Approved May 28, 1966. 
May 28, 1956 
[H. R. 5047] 
Public Law 543 
CHAPTER 330 
AN ACT 
To increase the coiui)ensation of tmstees in bankruptcy. 
Bankruptcy. 
Trustees' c o m -
pensation. 
30 Stat. 557. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That subsection (1) 
of section 48 (c) of the Bankruptcy Act of July 1, 1898, as amended 
(11 U. S. C. 76 (c) (1)), is further amended to read as follows: 
"(1) NORMAL, ADMINISTRATION.—When the trustee does not conduct 
the business of the bankrupt, such sum as the court may allow, but in 
no event to exceed 10 per centum on the first $500 or less, 6 per centum 
on moneys in excess of $500 and not more than $1,500, 3 per centum 
on moneys in excess of $1,500 and not more than $10,000, 2 per centum 
on moneys in excess of $10,000 and not more than $25,000, and 1 per 
centum on moneys in excess of $25,000, ui)on all moneys disbui-sed or 
turned over by them to any persons, including lienliolders: Provided^ 
however^ That in any case, after the trustee has paid all expenses of 
administration and has realized upon all available assets, the maxi-
mum compensation allowable to him hereunder does not exceed $150, 
the court may of its own motion allow the trustee a fee which with the 
commissions, if any, paid or to be paid him shall not exceed $150." 
SEC. 2. The provisions of this Act shall apply to all cases in which 
the petition initiating the proceeding under the Bankruptcy Act is 
filed subsequent to tlie date of the enactment of this Act. 
Approved May 28, 1956. 
May 28. 1956 
[H. R. 9257] 
Public Law 544 
CHAPTER 331 
AN ACT 
To amend title 18 of the Unite<l States Code, so as to provide for the punishment 
of iiersons wiio assist in the attempted escape of persons in Federal custody. 
Be it enacted hy the Senate^ and House of Representatives 
of the 
United States of America in Congress asseinbled^ That section 752