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40.0517 Reopening judgement.

Cite as [A.S.C.A. § 40.0517]

Any person whose property may have escheated to the Territory as provided herein, or any rightful heir, spouse or next of kin entitled to such property by descent or succession may within 2 years after the filing of the final judgment in the High Court, apply to that Court to reopen the judgment upon proof that the applicant was without actual knowledge of such escheat action, and upon proof of ownership of such property or the right to possession thereof, the Court may in its discretion reopen the judgment. In the event that the aforesaid judgment in part or in whole be revised or amended, the Court may direct the Treasurer to repay such part of the money received by the Treasurer by reason of such judgment, to the party who is entitled to it. Upon the entry of the amended judgment, the Treasurer must repay the said money as provided in such judgment; provided, however, that there shall first be deducted all expenses and charges that may have accrued or been paid out by reason of the entry of the original judgment.

(c) Whenever it appears to the satisfaction of the Attorney General that a person is the lawful owner of any money that has heretofore been received by the Treasurer under the provisions of this chapter, and that such money is less than $1,000, the Attorney General is authorized to request payment by the Treasurer to repay to the lawful owner the money so received less appropriate deductions, without the necessity of reopening the original judgment entered.

History: 1988, PL 20-64.

PERSONAL RIGHTS, DUTIES, AND REMEDIES

TITLE 41

CITIZENSHIP, ALIENAGE AND IMMIGRATION

Chapters:

01 Citizenship (Reserved)

02 General Provisions

03 Immigration-Registration

04 Immigration-Status

05 Entry and departure

06 Deportation

07 General Penalty Provision

08 Foreign investor entry permits.

09 Guest Worker Permit

Case Notes:

American Samoa, unlike the Fifty States and the other Territories of the United States, is specifically excluded from the scope of federal immigration laws and has, pursuant to congressionally-delegated authority, enacted its own immigration laws. 8 U.S.C. § 1101(13), (29), (36), (38); A.S.C.A., Title 41. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

Reviser’s Comments:

Section 1 of PL 18-52, 1984, provides that “this act shall be known and may be cited as The Immigration Act of 1984.”

Amendments: 1984.