Page:United States Statutes at Large Volume 49 Part 1.djvu/1011

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966 Wai ver of fi ling when statement deemed im- practical. United sta tes as a creditor . Authority to accept or reject plan . Proviso . Presumption of ap- proval . [CHAPTER 810 .1

AN ACT A ugust 29, 1935 .

[H. R. 7974.1 To withdraw and restore to their previous status under the control of the Terri- [Public, No. 397.]

to r y of Hawai i certai n Hawaii an homes lands now in u se as an airplan e landin g field . 7 4TH CONGRESS . SESS . I. CHS. 809, 810. AUGUST 29, 1935 . shares of stock have been purchased or transferred by those accept- ing the plan after the commencement or i n contemplation of the proceeding, and the circumstances of such purchase or transfer Provided, however, That if the judge is satisfied that by reason of the number of securities outstanding and the extent of the public dealing therein the preparation of such a statement would be imprac- tical, he may direct that it be not filed . If the United States of America is a creditor or stockholder, the interests or claims thereof shall be deemed to be affected by the plan, and the Secretary of the Treasury is hereby authorized to accept or reject a plan in respect of the interests or claims of the United States . If, in any reorganiza- tion proceeding under this section, the United States is a creditor on claims for taxes or customs duties (whether or not the United States has any other interest in, or claim against, the debtor, as creditor or stockholder), no plan which does not provide for the payment thereof shall be confirmed by the judge except upon the acceptance of a lesser amount by the Secretary of the Treasury certified to the court : Provided, That if the Secretary of the Treasury shall fail to accept or reject a plan for more than ninety days after receipt of written notice so to do from the court to which the plan has been proposed, accompanied by a certified copy of the plan, his consent shall be conclusively presumed . Approved, August 29, 1935 . Be it enacted by the Senate and House o f Representatives o f the H awai ian H omes United States of America in Congress assembled, That so much of Commission Act, 1920. Vol. 42, p. 109; u. 8. section 203 of title 2 of the Act ent itled " Hawaiia n Homes Commis- C .,p. 2157.

sion Act, 1920 ", approved July 9, 1921 (42 Stat . 108), as designates Restoration of cars the land hereinafter described as " available l taro lands to previous

ands 11 with in the sta tus .

meaning of that Act, is hereby repealed and the land restored to its previou s statu s under the con trol of the Ter ritory of Hawai i . of On the Island of Molokai : Those portions of Hoolehua, apana 2, and Pal aau, ap ana 2, c omprisi ng the M olokai airplan e landin g field as set aside for public purposes by Executive Order Numbered 307 of the Governor of the Territory of Hawaii, dated December 15, 1927, consisting of two hundred four and nine-tenths acres, more or less, and particularly described as follows Beginning at a point on the southeast corner of the said land, from which the azimuth (measured clockwise from true south) and distance to United States Coast and Geodetic Survey Triangulation Station Middle Hill (Kaulapuu) is two hu ndred and seventy-two degrees twenty-three minutes thirty-nine seconds, twelve thousand seven hundred twenty and nine-tenths feet, thence from said point of beginning by metes and bounds ; eighty-five degrees ten minutes thirt y secon ds, thre e thous and four hundre d and tw enty-se ven feet ; one hundred and eighty degrees fifty-six minutes thirty seconds, two thousand six hundred thirty and two-tenths feet ; two hundred and seventy-nine degrees fifty-five minutes thirty seconds, four thousand nine hundred seven and three-tenths feet ; three hundred and forty-six degrees twenty minutes, three hundred forty-two and three-tenths feet near west edge of Kakainapahao Gulch ; three degrees twenty-six minutes, four hundred twenty-seven and one- te nt h f ee t ; eigh ty-thre e degree s twent y-four m inutes, one th ousand On the Molokai. Description . Isl and