Chapter 363. To better define and regulate the rights of aliens to hold and own real estate in the Territories
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CHAP. 363.— An Act To better define and regulate the rights of aliens to hold and own real estate in the Territories. March 2, 1897. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Territories.Alien ownership of lands amended.Vol. 24. p. 476. That an Act entitled “An Act to restrict the ownership of real estate in the Territories to American citizens, and so forth,” approved March third, eighteen hundred and eighty-seven, except so far as it affects real estate in the District of Columbia, be, and the same is hereby, amended so as to read as follows:
Alien ownership of lands forbidden.“That no alien or person who is not a citizen of the United States, or who has not declared his intention to become a citizen of the United States in the manner provided by law shall acquire title to or own any laud in any of the Territories of the United States except as hereinafter *Proviso*.Treaty rights.provided: *Provided*, That the prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties to citizens or subjects of foreign countries, which rights, so far as they may exist by force of any such treaty, shall continue to exist so long as such treaties are in force, and no longer.
" “Sec. 2. Exception as to land owned March 3, 1887.That this Act shall not apply to land now owned in any of the Territories of the United States by aliens, which was acquired on or before March third, eighteen hundred and eighty-seven, so long as it is held by the then owners, their heirs or legal representatives, nor to any alien who shall become a bona fide resident of the United States, Rights of bona fide residents, etc.and any alien who shall become a bona fide resident of the United States, or shall have declared his intention to become a citizen of the United States in the manner provided by law, shall have the right to acquire and hold lands in either of the Territories of the United States *Proviso*.Alienation on residence ceasing.upon the same terms as citizens of the United States: *Provided*, That if any such resident alien shall cease to be a bona fide resident of the United States then such alien shall have ten years from the time he ceases to be such bona fide resident in which to alienate such lauds.
Town lots or mining claims may be acquired.This Act shall not be construed to prevent any persons not citizens of the United States from acquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mine or mining claim, in any of the Territories of the United States. “Sec. 3. Lands acquired by inheritance or to secure debts.That this Act shall not prevent aliens from acquiring lands or any interests therein by inheritance or in the ordinary course of justice in the collection of debts, nor from acquiring Henson real estate or any interest therein, nor from lending money and securing the same upon real estate or any interest therein; nor from enforcing any such lien, nor from acquiring and holding title to such real estate, or any interest therein, upon which a lien may have heretofore or may hereafter be fixed, or upon which a loan of money may have been heretofore *Proviso*.Sale by aliens.or hereafter may be made and secured: *Provided, however*, That all lands so acquired shall be sold within ten years after title shall be perfected in him under said sale or the same shall escheat to the United States and be forfeited as hereinafter provided.
“Sec. 4. Conveyance by aliens.That any alien who shall hereafter hold lands in any of the Territories of the United States in contravention of the provisions of this Act may nevertheless convey his title thereto at any time before *Proviso*.Conveyances in trust void.the institution of escheat proceedings as hereinafter provided: *Provided, however*, That if any such conveyance shall be made by such alien,619FIFTY-FOURTH CONGRESS. Sess. II. Chs. 363, 364. 1897. either to an alien or to a citizen of the United States, in trust and for the purpose and with the intention of evading the provisions of this Act, such conveyance shall be null and void, and any such lands so conveyed shall be forfeited and escheat to the United States.
“Sec. 5. That it shall be the duty of the Attorney-General of theProceedings for escheat of lands illegally held. United States, when he shall be informed or have reason to believe that land in any of the Territories of the United States are being held contrary to the provisions of this Act, to institute or cause to be instituted suit in behalf of the United States in the district court of the Territory in the district where such land or a part thereof maybe situated, praying for the escheat of the same on behalf of the United States to the United States: *Provided*, That before any such suit is instituted the*Proviso*.Notice.
Attorney-General shall give or cause to be given ninety days’ notice by registered letter of his intention to sue, or by personal notice directed to or delivered to the owner of said land, or the person who last rendered the same for taxation, or his agent, and to all other persons having an interest in such lands of which he may have actual or constructive notice. In the event personal notice can not be obtained in some oneAdvertisement. of the modes above provided, then said notice shall be given by publication in some newspaper published in the county where the land is situate, and if no newspaper is published in said county then the said notice shall be published in some newspaper nearest said county.
“Sec. 6. That if it shall be determined upon the trial of any suchSales. escheat proceedings that the lands are held contrary to the provisions of this Act, the court trying said cause shall render judgment condemning such lands and shall order the same to be sold as under execution ; and the proceeds of such sale, after deducting costs of such suit,Proceeds. shall be paid to the clerk of such court so rendering judgment, and said fund shall remain in the hands of such clerk for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal representatives; and if not claimedUnclaimed proceeds for school funds. within the period of one year, such clerk shall pay the same into the treasury of the Territory in which the lands may be situated, for the benefit of the available school fund of said Territory: *Provided*, That*Proviso*.Defense. the defendant in any such escheat proceedings may, at any time before final judgment, suggest and show to the court that he has conformed with the law, either becoming a bona fide resident of the United States, or by declaring his intention of becoming a citizen of the United States, or by the doing or happening of any other act which, under the provisions of this Act, would entitle him to hold or own real estate, which being admitted or proved, such suit shall be dismissed on payment of costs and a reasonable attorney fee to be fixed by the court.
“Sec. 7. That this Act shall not in any manner be construed to referNot applicable to District of Columbia. to the District of Columbia, nor to authorize aliens to acquire title from the United States to any of the public lands of the United States orPublic land laws not affected. to in any manner affect or change the laws regulating the disposal of the public lands of the United States. And the Act of which this ActFormer act in force as to District of Columbia. is an amendment shall remain in force and unchanged by this Act so far as it refers to or affects real estate in the District of Columbia.
“Sec. 8. That all laws and parts of laws so far as they conflict withRepeal. the provisions of this Act are hereby repealed.” " Approved, March 2, 1897.