§96.  Proceedings for opening fisheries to citizens.  That any person who claims a private right to any such fishery shall, within two years after the taking effect of this Act, file his petition in a circuit court of the Territory of Hawaii, setting forth his claim to such fishing right, service of which petition shall be made upon the attorney-general, who shall conduct the case for the Territory, and such case shall be conducted as an ordinary action at law.

     That if such fishing right be established the attorney-general of the Territory of Hawaii may proceed, in such manner as may be provided by law for the condemnation of property for public use, to condemn such private right of fishing to the use of the citizens of the United States upon making just compensation, which compensation, when lawfully ascertained, shall be paid out of any money in the treasury of the Territory of Hawaii not otherwise appropriated.


  Action provided for is not an action to quiet title to real property; may be brought in circuit different from that in which fishery is:  18 H. 460.  Referred to in 21 H. 632; 205 U.S. 353; 39 H. 129; 41 H. 597.

  Jurisdiction of court does not include power to adjudicate title to submerged land.  48 H. 152, 397 P.2d 593.

  See note to §95.