Japan and the California ProblemIyenaga, T. (Toyokichi)
History
Japan and the California Problem
Iyenaga, T. (Toyokichi)
Japan -- Emigration and immigration; Japanese -- California
=Section 4.=--Whenever it appears to the court in any probate proceeding
that by reason of the provisions of this act any heir or devisee cannot
take real property in this State which, but for said provisions, said heir
or devisee would take as such, the court, instead of ordering a
distribution of such real property to such heir or devisee, shall order a
sale of said real property to be made in the manner provided by law for
probate sales of real property, and the proceeds of such sale shall be
distributed to such heirs or devisee in lieu of such real property.
=Section 5.=--Any real property hereafter acquired in fee in violation of
the provisions of this act by any alien mentioned in section two of this
act, or by any company, association or corporation mentioned in section
three of this act, shall escheat to, and become and remain the property of
the State of California. The attorney general shall institute proceedings
to have the escheat of such real property adjudged and enforced in the
manner provided by section 474 of the Political Code and title eight, part
three of the Code of Civil Procedure. Upon the entry of final judgment in
such proceedings, the title to such real property shall pass to the State
of California. The provisions of this section and of sections two and
three of this act shall not apply to any real property hereafter acquired
in the enforcement or in satisfaction of any lien now existing upon, or
interest in such property, so long as such real property so acquired shall
remain the property of the alien, company, association or corporation
acquiring the same in such manner.
=Section 6.=--Any leasehold or other interest in real property less than
the fee, hereafter acquired in violation of the provisions of this act by
any alien mentioned in section two of this act, or by any company,
association or corporation mentioned in section three of this act, shall
escheat to the State of California. The attorney general shall institute
proceedings to have such escheat adjudged and enforced as provided in
section five of this act. In such proceedings the court shall determine
and adjudge the value of such leasehold, or other interest in such real
property, and enter judgment for the State for the amount thereof together
with costs. Thereupon the court shall order a sale of the real property
covered by such leasehold, or other interest, in the manner provided by
section 1271 of the Code of Civil Procedure. Out of the proceeds arising
from such sale, the amount of the judgment rendered for the State shall be
paid into the State Treasury and the balance shall be deposited with and
distributed by the court in accordance with the interest of the parties
therein.
=Section 7.=--Nothing in this act shall be construed as a limitation upon
the power of the State to enact laws with respect to the acquisition,
holding or disposal by aliens of real property in this State.
Public-domain text, read in full here on John Shaqi.
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