CHAPTER IV.

GENERAL RIGHTS OF THE STATE OVER PROPERTY.

§ 40. Original and ultimate title.

41. Property escheats, when.

§ 42. Intruders on public lands of the State.
43. Acquisition by taxation and assessment.
$44. By right of eminent domain.

40. The original and ultimate right to all property, real and personal, within the limits of this State, is in the people thereof.

Ownership of property-by State: Civ. Code, secs. 669, 670.

Property escheats, when: Sec. 41.

Eminent domain: See post, sec. 44.

41. All property, real and personal, within the limits of this State, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people.

Lands owned by State-Civ. Code, sec. 670.

Waste or ungranted lands of State-removal of intruder upon: Sec. 42.

Escheated estates: See Code Civ. Proc., secs. 1269-1272; unclaimed realty of aliens escheats to State, Civ. Code, secs. 672, 1404-5; duty of controller as to, sec. 437; duty of attorney general as to, sec. 474.

42. If any person, under any pretense of any elaim inconsistent with the sovereignty and jurisdiction of the State, intrudes upon any of the waste or ungranted lands of the State, the district attorney of the county must immediately report the same to the Governor, who must thereupon, by a written order, direct the sheriff of the County to remove the intruder; and if resistance to the execution of the order is made or threatFred, the sheriff may call to his aid the power of the county, as in cases of resistance to the writs of the people.

Sovereignty and jurisdiction of State: Sec. 33. Sheriff of the county--duties, liabilities, etc.: Secs. 4175-4193; may call to his aid the power of the county; see sec. 4176, subd. 5.

§ 43. The State may acquire property by taxa tion in the modes authorized by law.

Revenue and taxation: Const. Cal., art. 13, secs. 1-13; also this Code, secs. 3607-3900.

§ 44. It may acquire or authorize others to acquire title to property, real or personal, for public use, in the cases and in the mode provided in Title VII., Part III., of The Code of Civil Procedure.

Eminent domain: See Code Civ. Proc., secs. 12371263; generally, Civ. Code, sec. 1001; corporations subject to, Const. Cal., art. 12, sec. 8; water frontages, subject to, Const. Cal., art. 15, sec. 1.

TITLE II.

PERSONS COMPOSING THE PEOPLE OF THE STATE

§ 50. Who are the people.

$51. Who are citizens.

$ 52. Residence, rules for determining.

§ 50. The people, as a political body, consist: 1. Of citizens who are electors;

2. Of citizens not electors.

People possess sovereignty: See ante, sec. 30. Electors' eligibility to office: See post, sec. 58. Electors' rights and duties: See post, sec. 59: Const. Cal., art. 2, secs. 1, 2.

Electors' qualifications and disabilities: See post, sec. 1083, 1084; Const. Cal., art. 1, sec. 24. Registration of electors: See post, secs. 1094 et

seq.

Elections: See secs. 1041 et seq.

§ 51. The citizens of the State are:

1. All persons born in this State and residing within it, except the children of transient aliens and of alien public ministers, and consuls;

2. All persons born out of this State who are citizens of the United States and residing within this State.

Residence-rules for determining: Sec. 52. Citizens-allegiance of: Secs. 55, 56; when qual ified electors, secs. 1083, 1084.

Persons not citizens: Secs. 57, 60; also sec. 54. Subdivision 2. Citizens of the United Statesnaturalization laws: See Revised Stats. U. S., secs. 2165-2174; naturalization papers, where procured, see Const. Cal., art. 6, sec. 5; declaration of intention may be made before clerk as well as court, see 19 U. S. Stats., p. 2; amdt. approved Feb. 1, 1876.

Citizenship defined: Fourteenth

amendment United States constitution. See sec. 363, Civ. Code. Allegiance defined: See post, secs. 55, 56. Naturalization: See sec. 1097, post.

$52. Every person has, in law, a residence. In determining the place of residence the following rules are to be observed:

1. It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose;

2. There can only be one residence;

3. A residence cannot be lost until another is gained;

4. The residence of the father during his life, and after his death the residence of the mother, while she remains unmarried, is the residence of the unmarried minor child;

5. The residence of the husband is the residence of the wife:

6. The residence of an unmarried minor who has a parent living cannot be changed by either his own act or that of his guardian;

7. The residence can be changed only by the union of act and intent.

Residence for purposes of voting-rules for determining: Sec. 1239, Const. Cal., art. 2, sec. 4. Absence from State-on official business, does not affect question of residence: Const. Cal., art. 20, sec. 12.

Resident foreigners-if eligible to citizenship, etc., property rights of: Const. Cal., art. 1, sec. 17.

All these provisions clearly indicate that the terms "residence" and "domicile," so far as our constitution is concerned, are convertible. The constitution of 1879, of California, confirms this idea: See art. 2, secs. 1, 4, art. 20, sec. 12.

Permanent abode-homestead, residence site for: Civ. Code, sec. 1237.

requi

Residence of unmarried minor: Compare subd. 6. Same residence for wife-as for husband. Divorce rule inapplicable to actions for: See Civ. Code, sec. 129; right of husband to select wife's residence, Civ. Code, secs. 103, 104, 156; length of residence required for divorce, Civ. Code, sec. 128. Residence of unmarried minor-power of guardian to fix residence of ward: Civ. Code, sec. 248; when parent may change residence of child, Civ. Code, sec. 213.

TITLE III.

POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO THE JURISDICTION OF THE STATE.

§ 54. All persons within the State subject to its jurisdiction.

§ 58.

Eligibility to office.

§ 59. Rights and duties of citizens not electors. § 60. Rights and duties of citizens of other States.

$ 54. Every person while within this State is subject to its jurisdiction and entitled to its protection.

Rights of the State over Persons-within its limits: Sec. 37.

Popular rights: See declaration of rights, Const. Cal., art. 1, secs. 1-24; Desty's Const. Cal. 177-217; general personal rights, Civ. Code, sec. 43. This is the correlative of section 37, ante. What the protection is that a person is hereby entitled to is indicated in the declaration of rights of the State constitution. The Civil Code, sections 43-50, recites certain personal rights which persons can claim. And consult the fourteenth amendment to the Constitution of the United States. Aliens' rights with respect to real estate: See Civ. Code, sec. 671, Const. 1879, art. I, § 17; and to their power to take by succession: See Id., sec. 1404.

$55. Allegiance is the obligation of fidelity and obedience which every citizen owes to the State.

§ 56. Allegiance may be renounced by a change of residence.

32.

Residence-rules for determining place of: Sec.

$57. Persons in the State not its citizens are either:

1. Citizens of other States; or,

2. Aliens.

Subdivision 1. Citizens of other States: See sec. 60.

Subdivision 2. Aliens-resident, control of property by: Const. Cal., art. 1, sec. 17; non-resident, general rights and unclaimed realty of, see under Escheated estates, sec. 41 n.; naturalization of, see under Citizens of the United States, note to subd. 2. sec. 51; children of transient, etc., born in this State, sec. 51, subd. 1.

Rights of citizens of other States.-Section 1 of the fourteenth amendment to the Constitution of the United States declares: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Seetion 2 of article 4 of the same instrument, provides: "The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." And see Const. Cal., art. 1, sec. 13; see sec. 59, post.

Aliens. With respect to the rights of resident aliens, see ante, sec. 54; and secs. 671, 1404, Civ. Code; also Const. 1879, art. I, § 17.

$58. Every elector is eligible to the office for which he is an elector, except where otherwise specially provided; and no person is eligible who is not such an elector, except when otherwise specially provided. [Amendment approved March 10, 1891; Stats. 1891, p. 29.]

Qualified elector-who is: Sec. 1083.

Ineligible to office-persons who are: Secs. 841,