PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS JURISDICTION. PART I. THE OF THE SOVEREIGNTY AND PEOPLE OF STATE, AND OF THE POLITICAL RIGHTS DUTIES OF ALL PERSONS SUBJECT TO ITS JURISDICTION. Title I. Sovereignty of the State. II. Persons Composing the People State. AND of the III. Political Rights and Duties of all Persons TITLE I. SOVEREIGNTY OF THE STATE. Chapter I. Residence of Sovereignty. II. III. Territorial Jurisdiction of the State. sons. IV. General rights of the State over Property. CHAPTER I. RESIDENCE OF SOVEREIGNTY. § 30. Sovereignty resides in the people. $30. The sovereignty of the State resides in the people thereof, and all writs and processes must issue in their name. People of State--political supremacy of: See Const. Cal., art. 1, sec. 2; rights of, see Const. Cal., art. 1, secs. 10, 19, 23. Style of process: See Const. Cal., art. 6. sec. 20; prosecutions in name of people, see Const. Cal., art. 6, sec. 20. State sovereignty: State inseparable part of Union, Const. Cal., art. 1. sec. 3; Federal Constitution supreme law of land, Ib. TERRITORIAL CHAPTER II. JURISDICTION OF THE STATE. 33. Territorial jurisdiction; limitations on. 34. Purchase, etc., of lands by United States for public use. 33. The sovereignty and jurisdiction of this State extends to all places within its boundaries as established by the Constitution; but the extent of such jurisdiction over places that have been or may be ceded to, purchased or condemned by the United States, is qualified by the terms of such cession, or the laws under which such purchase or condemnation has been or may be made. Boundary of State: Const. Cal., art. 21, sec. 1; admission of States, Const. U. S., art. 4, sec. 3. Purchase or condemnation by United States: See sec. 34. $ 34. The legislature consents to the purchase or condemnation by the United States of any tract of land within this State for the purpose of erecting forts, magazines, arsenals, dockyards, and other needful buildings, upon the express condition that all civil process issued from the courts of this State, and such criminal process as may issue under the authority of this State, against any person charged with crime, may be served and executed thereon in the same mode and manner and by the same officers as if the purchase or condemnation had not been made. Basis_of_section: Stats. 1852, p. 149. Compare Const. U. S., art. 1, sec. 8. Lighthouses-and other aids to navigation, submarine sites for: See Stats. 1874, p. 621. Jurisdiction over places acquired by the United States. Section 34 makes provision for the service of the State's process in places ceded to the United States; with respect to which provision, article 1, section 9, of the constitution of the United States must be read. That section declares that Congress shall have power "to exercise exclusive legislation in all cases whatsoever, over such district, not exceeding ten miles square, as may by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like author ity over all places purchased by the consent of the legislature of the State in which the same shall be for the erection of forts, magazines. arsenals dockyards, and other needful buildings." CHAPTER III. GENERAL RIGHTS OF THE STATE OVER PERSONS, § 37. Rights over persons enumerated. § 37. The State has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law: 1. To punish for crime; 2. To imprison or confine for the protection of the public peace or health, or of individual life or safety; 3. To imprison or confine for the purpose of enforcing civil remedies; 4. To establish custody and restraint for the persons of idiots, lunatics, drunkards, and other persons of unsound mind; 5. To establish custody and restraint of paupers for the purpose of their maintenance. 6. To establish custody and restraint of minors unprovided for by natural guardians, for the purposes of their education, reformation and maintenance; 7. To require services of persons, with or without compensation: In military duty; in jury duty; as witnesses; as town or village officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck and flood; and in such other cases as are provided by statute. Declaration of rights of people: Const. Cal., art. 1, secs. 1-24. Police powers of State: See secs. 2949-3387; exclusion of paupers, see sec. 2949, post. |