Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-05-21

States and the nation or country Of
WITCH such alien is 4 citizen or sub
/ ject. and not otherwise, land may in
addition thereto lease lands in this
state for agricultural purposes for a
! term not exceeding three years..
Sec. 3.-Any company, association,
or corporation, organized under the
. laws OF this or any other state or na.
ton, Of which a majority of the men-
bers are aliens. other than those spe-
CITED in Section / OF this act, or IN
which i majority Of the issued CAPT,
tai stock is owned by sileh aliens, ma
acquire, possess, enjoy, and convey,
real property or any interest therein,
in this state. in the manner and TO
the extent and for the purposes pre-
scribed BY any treaty noS existing
between the government of tie United
States and the nation or country for
, which such members or stockholders
are citizens or subjects, and not
otherwise. tand may in addition
thereto lease land, III this state, for
agricultural purposes for term not
exceeding three years.
Section 4. Whenever it appears to
the court in any probate proceedings
that by reason of the provisions of
this act any heir or deyisee cannot
take real property in this state which.
but for said provisions. said heir or
deyisee would take IS such, the court.
instead OF ordering a distribution of
such real property TO such heir or
deyisee shall order a sale Of said
real property to be made in the
manner provided by law for pro-
bate sales of real property and the
proceeds of such sale shah be dis
tributed to such heirs or in lieu of
such, real property.
Sec 5. Any real property hereafter
acquired in fee in violation of the
provisions of this act by any alien
mentioned in Section Of this act,
or by any company. association, or
corporation mentioned In Section 8
oil this act shall eseheat to-. and be-
come and remain the property of the
state of California The attorney
general shall institute proceedings to
have the escheat of such real property
bdjudged and enforced in the manner
provided by Section. 474 of the Polit5
ieal Code Title g.. Part 3, of the Code
Of Civil Procedure. Upon the entry
of final Judgment in such proceed
iIgs.. the tile to, such real property
shall pass to. the state OF California.
The provisions of this section and Of
sections. 2 and 3sof 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 ac..
quired shall, remain the property of
the alien company, association or
corporation, acquiring lie. same in
such manner. 80 s
See.s 6. Any leaseholder or, other
interest in real property less than the
fee hereafter acquired in, violation of
the, provisions of this act by any
der a sale of the real property cover
Set. or by. any company association,
or. corporation mentioned in section 3
of this act, shall eseheat to the. state
OF California. The attorney general
shall institute proceedings adjudged
and enforced as, provided in section
5 of this In such proceedings
the court, shall Determine and adj
judge 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 or
dera sale of the real property cover
ed by such leasehold, or other inter
est, in the manner provided by sec
ton 1,271 of the Code Of Civil Pro
cedure. 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 &C
cordance with the interest of the par
ties therein.
Section. Z. Nothing in this act
shall be construed as limitation up
on the power of the state to enact
laws with respect to the acquisition,
holding, or disposal by aliens, of real
property in this state.
Sec. s. All acts and parts of acts
inconsistent or in conflict with the
provisions of this act are hereby re-
poaled.