Japan and the California ProblemIyenaga, T. (Toyokichi)
History
Japan and the California Problem
Iyenaga, T. (Toyokichi)
Japan -- Emigration and immigration; Japanese -- California
=Section 9.=--Every transfer of real property, or of an interest therein,
though colorable in form, shall be void as to the state and the interest
thereby conveyed or sought to be conveyed shall escheat to the State if
the property interest involved is of such a character that an alien
mentioned in section two hereof is inhibited from acquiring, possessing,
enjoying or transferring it, and if the conveyance is made with intent to
prevent, evade or avoid escheat as provided for herein.
A _prima facie_ presumption that the conveyance is made with such intent
shall arise upon proof of any of the following groups of facts:
(_a_) The taking of the property in the name of a person other than the
persons mentioned in section two hereof if the consideration is paid or
agreed or understood to be paid by an alien mentioned in section two
hereof;
(_b_) The taking of the property in the name of a company, association or
corporation, if the membership or shares of stock therein held by aliens
mentioned in section two hereof, together with the memberships or shares
of stock held by others but paid for or agreed or understood to be paid
for by such aliens, would amount to a majority of the membership or the
issued capital stock of such company, association or corporation;
(_c_) The execution of a mortgage in favor of an alien mentioned in
section two hereof if said mortgagee is given possession, control or
management of the property.
The enumeration in this section of certain presumptions shall not be so
construed as to preclude other presumptions or inferences that reasonably
may be made as to the existence of intent to prevent, evade or avoid
escheat as provided for herein.
=Section 10.=--If two or more persons conspire to effect a transfer of real
property, or of an interest therein, in violation of the provisions
hereof, they are punishable by imprisonment in the county jail or State
penitentiary not exceeding two years, or by a fine not exceeding five
thousand dollars, or both.
=Section 11.=--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.
=Section 12.=--All acts and parts of acts inconsistent or in conflict with
the provisions hereof are hereby repealed; _provided_, that--
(_a_) This act shall not affect pending actions or proceedings, but the
same may be prosecuted and defended with the same effect as if this act
had not been adopted;
(_b_) No cause of action arising under any law of this State shall be
affected by reason of the adoption of this act whether an action or
proceeding has been instituted thereon at the time of the taking effect of
this act or not and actions may be brought upon such causes in the same
manner, under the same terms and conditions, and with the same effect as
if this act had not been adopted.
Public-domain text, read in full here on John Shaqi.
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