Japan and the California ProblemIyenaga, T. (Toyokichi)
History
Japan and the California Problem
Iyenaga, T. (Toyokichi)
Japan -- Emigration and immigration; Japanese -- California
=Section 7.=--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 or district attorney of the
proper county shall institute proceedings to have the escheat of such real
property adjudged and enforced in the manner provided by section four
hundred seventy-four 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. No alien, company, association or corporation
mentioned in section two or section three hereof shall hold for a longer
period than two years the possession of any agricultural land acquired in
the enforcement of or in satisfaction of a mortgage or other lien
hereafter made or acquired in good faith to secure a debt.
=Section 8.=--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 or district
attorney of the proper county shall institute proceedings to have such
escheat adjudged and enforced as provided in section seven 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 twelve hundred
seventy-one 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. Any share of stock or the interest of any member in a company,
association or corporation hereafter acquired in violation of the
provisions of section three of this act shall escheat to the State of
California. Such escheat shall be adjudged and enforced in the same manner
as provided in this section for the escheat of a leasehold or other
interest in real property less than the fee.
Public-domain text, read in full here on John Shaqi.
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