The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-12-12
THE PACIFIC
Commercial Advertiser.
N~4TERNAY. D~ECEAIBER l2.
Have F.uci=ucr> Thr same Ei=Lt-H- Natives
10 hold Real E-ntc iu che United Smtc-!

~ SATURDAY,. DECEMBER l..
Have F"Iri=ucr> tbr -nmc Ri=ht-H- Native
90 hold Real Estate q" che Unirrd states!
Some time since, This question was a subject OF
Discussion among a few gentlemen in this city,
wh, held different views on it. The editor o
this PAPER addressed q gentleman residing in san
Fulnoi-co, on tLc subject, and We suhjoin his It.
ply and the legal opinion obtained. As it is 4
matter Or interest T. MI, NC publish it in full;
SAN FRANCISCO. October 27th. leUS.
N.vv " Wi,1,y ESl- Hoaoidu:
DEAR ur-YUur esteemed favor IF August Sl>t
was received some three or four weeks ago, just rs |
was starting for southern California As the impor-
taut inquiry contained III II required careful eonsid-
Grafton. l dill not ~ once reply. For the better salts
faction ii your readers | have decided to send you
the opinion Of a lawyer Of this city whose professional
standing gives weight to his sound conclusions on the
poiats presented.
l remain very respectfully yours,
JAcoB HARDY, Of Mclean X Hardy,
Real Estate Agents, Oakland and 5. Francisco.
"b there gay legal inpsfimeqit 10 Rytoreirasr re-
siding "a q foreign e~0rrtry, buvirg, holding, dgf
"a case y sale, StriTg q raid title 10 real estate,
thus held and sold, IA the State ef Californian"
l. rs 10 Cuiici States LGr.-" Under the laws
Of the United States, aliens are entitled 10 purchase
the public lands. subject only. rs 10 their tenure, TO
1900 So $500 -NN~1 @Hf 49,"
Opinion OF Caleb Cushing, July -, 1850. Opinions
u attorney Generals, Vol. :, page SOL.
The United States have never passed any laws pro
hihiting aliens, either resident or nonresident from
acquiring, holding and selling government lands.
But On the other hand, the government has encour-
aged the purchase of Lands by foreigners. For
eiguers can hold property in all the Territories, and
may inherit, IN the absence If legislation upon this
sutject. People IS. Folsom, D Cal. 3T9.
= is 10 the Lar Of Ca!yoTHid.-By the Act of
April Is, 1880, the common law Of England was
made . the rule Of decision in all the Courts of this
State, 50 far as ii is not repugnant TO or inconsistent
with the Constitution of the United States, or the
Constitution or laws Of California"
by the common law, aliens, resident or non-rcsi-
dent, could acquire, hold and transmit movable or
personal property, and could sue for the recovery of
the same, rs other citizens. In regard to real estate,
such aliens could acquire by purchase, but not by in
h~erItance; could hold against every one, until a judg-
mcnt WAS had in a proceeding instituted by the gov
eminent or rUwn-tcrmed - Office found"-livest-
ing the alien of the title by cOnfscation. The gov
eminent had the same right TO coniiScate after con-
Neyaucc by the alien; but no one else could attack
the sale, or the right Of the alien 10 hold. e Kent
Com, 6l, 62)
Our State legislation and State Constitution have
modified these rules in two particulars. BY Art. l.,
Sc. Il Of the Constitution, ali bona ffc resident
aliens shall have - the same rights in respect TO the
possession, enjoyment and inheritance of property,
~ natiye-born citizens BY the 3ith Section OF the
Act Of April 10, 1850, Statutes 1850, page 249,)
any person claiming title TO real estate, and not in
possession, may sell and convey his interest therein,
IN the same manner and with the same effect, as if
lie was in the actual possession thereof.
The Act Of April 10, 1856, provides that 'aliens
shall hereafter inherit and hold by inheritance, real
and personal estate, in as full = manner as though
they were natiye-born citizens Of this or the United
States with a proyisO that nonresident foreigners
shall apply for real estate So inherited within five
years.
The question Of the rights of nonresident foreign
es relating 10 the acquisition, possession and alieEa-
ton Of real estate has been frequently passed upon
uE our Supreme Court. and these doctrines establish
81, NEUTRALITY-SUSPICIOUS. foreigners-" can ac-
quire title 10 real property by purchase, or other act
Of the party, and hold the same until office found
that Is. until an official determination Of the mat
ter by the Government upon an inquisition had for
that purposes until then 10 individual can question
the rights or title Of the claimant, on the ground Of
his alienage and non-resilence, either collaterally or
IN IN action Of ejectment, or directly in any other
way. y NONRESIDENT alien may inherit, and the IL
tie : as perfect a. that Of any citizen. \ nonresident
alien may convey by deed, the same rs . citizen.
He may lease, and maintain suit for the rent. lie
may maintain electmeut against treSpaSSerS- In
fact, and briefly, until the State brings an action,
and il i judicialy determined that he Is I'd disqualified
from holding real estate, the rights Of a nonresident
alien az 90 the acquisition, possession, and alienation
OF real estate, are the same as those Of a citizen.
The State never has objected TO aliens holding prop
erty by purchase; she undoubtedly never will; she
cannot object 10 the purchase and sale by them; and
no ether party can raise any question. Ramires rs.
Kent, . Cal. JJS; People Is. Folsom, > Cal. 373;
Norris Is. Hoyt, IS Cal 2l7; Merle IS, Matthews, %
Cal. Az; RacOnillat rs. Sausevain, 80 Cal. SO.
There being a clear legal right in the nonresident
alien 10 purchase and sell, the right to hold follows
a. q necessary corOllIry.
1 conclude, therefore, that there is not . any legal
impairment 10 any foreigner, residing in a foreign
country, buying, holding, and in case of sale, giving
a valid title 10 real estate thus held and sold, il the
State Of California /
J. n HAVEN, Attorney at Law,
No. 10 Montgomery Block, J
/San Francisco, October, 1858. +