48 U.S.C. § 1506 — Condemnation and sale of lands in escheat proceedings
submitted 139 years ago by ch. 340 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 249 words · no verdicts yet
This section directs the court to condemn and sell land if an escheat trial determines that the land is held contrary to this chapter. It sets how sale proceeds are held and distributed, and allows dismissal if the defendant proves before final judgment that the defendant complied with the law.
If an escheat trial determines that land is held contrary to this chapter, the court must enter judgment condemning it and order it sold as under execution. After lawsuit costs are deducted, the proceeds go to the clerk of that court, who holds them for 1 year from payment, subject to the order of the alien owner or the owner's heirs or legal representatives. If not claimed within 1 year, the clerk must pay them into the treasury of the Territory where the land is located for that Territory's available school fund. Before final judgment, the defendant may show the court compliance with the law by becoming a bona fide United States resident, declaring an intention to become a United States citizen, or doing or experiencing another act that under this chapter would allow the defendant to hold or own real estate. If that is admitted or proved, the suit must be dismissed when the defendant pays costs and a reasonable attorney fee set by the court.
If it shall be determined upon the trial of any such escheat proceedings that the lands are held contrary to the provisions of this chapter, 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, 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 claimed 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. 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 chapter, 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.
Source credit: (Mar. 3, 1887, ch. 340, § 6, as added Mar. 2, 1897, ch. 363, 29 Stat. 619.)
- 1887Enacted · Act of Mar. 3, 1887, ch. 340 · 29 Stat. 619
A history note hasn’t been published yet. The record shows enactment by ch. 340 on 1887-03-03.
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