§§ 34-37

(26)

RIGHTS OF STATE OVER PERSONS.

[Pt. I.

§ 34. LEGISLATIVE CONSENT TO PURCHASE, ETC., OF LANDS BY UNITED STATES FOR PUBLIC USE; JURISDICTION OVER. 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.

History: Enacted March 12, 1872.

Sovereignty of state is not ousted by mere purchase by United States for public purposes of land within territorial limits of state.-United States vs. Cornell, 2

Mas. C. C. 60, 25 Fed. Cas. 646. See People
vs. Collins, 105 Cal. 504, 509, 39 Pac. Rep. 16.
See U. S. Const. art. I §8; HENNING'S
GENERAL LAWS p. xix.

CHAPTER III.

GENERAL RIGHTS OF THE STATE OVER PERSONS.

§ 37. Rights over persons enumerated.

§ 37. RIGHTS OVER PERSONS ENUMERATED. 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 purposes 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.

History: Enacted March 12, 1872.

1. Applied, cited, construed, referred to. 2. Exclusive authority and jurisdiction.

1. Applied, cited, construed, referred to, etc., in: People vs. Collins, 105 Cal. 504, 508, 39 Pac. Rep. 16 (applied as to punishment for crime).

2. Exclusive authority and jurisdiction resides in state to punish for crime committed within its boundaries, except

on

lands acquired by the United States by purchase and with consent of state legislature.-People vs. Collins, 105 Cal. 504, 508. 509. 39 Pac. Rep. 16.

See U. S. Const. art. I § 8.

As to declaration of rights of people, see Const. 1879, art. I §§ 1-24; HENNING'S GENERAL LAWS pp. lxv-lxvii.

As to police powers of state, see post S$ 2949-3387 and notes.

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 assess

ment.

§ 44. By right of eminent domain.

§ 40. ORIGINAL AND ULTIMATE TITLE. The original and ultimate right to all property, real and personal, within the limits of this state, is in the people thereof.

History: Enacted March 12, 1872.

As to ownership of property by state, see KERR'S CYC. CIV. CODE §§ 669, 670 and notes.

As to who may own property, see KERR'S CYC. CIV. CODE § 671 and note.

§ 41. PROPERTY ESCHEATS, WHEN. 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.

History: Enacted

As to ownership of property by state, see KERR'S CYC. CIV. CODE §§ 669, 670 and notes.

As to escheated estates, see KERR'S CYC.
CODE CIV. PROC. §§ 1269-1272 and notes.
As to who may own property, see KERR'S
CYC. CIV. CODE § 671 and notes.

As to proceedings relative to escheated estates, see KERR'S CYC. CODE CIV. PROC. 1269-1272 and notes.

As to proceedings by attorney-general when succession not claimed, see KERR'S CYC. CIV. CODE §1405 and note.

March 12, 1872.

As to when property escheats to state, see KERR'S CYC. CIV. CODE 1406 and notes.

As to duty of controller in reference to escheated property, see post § 437.

As to duty of attorney-general in reference to escheated property, and actions relating thereto, see post § 474.

Non-resident aliens taking property by succession must appear and claim same within five years or be barred.-See KERR'S CYC. CIV. CODE §§ 672, 1404 and notes.

§ 42. INTRUDERS ON PUBLIC LANDS OF THE STATE. If any person, under any pretense of any claim 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 threatened, the sheriff may call to his aid the power of the county, as in cases of resistance to the writs of the people.

History: Enacted March 12, 1872.

As to duty of sheriff to command aid of male inhabitants of county, see post § 4176 subd. 5.

§ 43. ACQUISITION BY TAXATION AND ASSESSMENT. The state may acquire property by taxation in the modes authorized by law.

History: Enacted March 12, 1872.

Property defined. See post § 3617; also KERR'S CYC. CIV. CODE §§ 14, 607 and notes.

As to revenue and taxation, see Const. 1979, art. XIII §§ 1-13; HENNING'S GENERAL LAWS pp. xcviii-c.

As to property liable to taxation, see post 3607-3611 and notes.

As to assessment of property, see post §§ 3627-3671.

As to equalization of taxes, see post §§ 3672-3705.

As to levy of taxes and assessments, see post §§ 3713-3719.

As to duties of auditor in relation to revenue, see post §§ 3727-3739.

§ 44. BY RIGHT OF EMINENT DOMAIN. 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 seven, part three of the Code of Civil Procedure.

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

History: Enacted March 12, 1872.

$59; Const. 1879 art. II; HENNING'S GENERAL LAWS pp. 1xvii-lxix.

As to registration of electors, see post $1094 et seq.

As to rights and duties of citizens other than electors, see post § 59 and note.

As to rights and duties of citizens of the United States who are not citizens of the state, see post § 60 and note.

As to sovereign rights of people, see ante 30 and note.

§ 51. WHO ARE CITIZENS. 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.

History: Enacted March 12, 1872.

1. Applied, cited, construed, referred to. 2. Chinese born in the United States.

3. "Citizen" nearly synonymous with "sub-
ject."

4. Mexicans "established" in California.
5. Political rights are not essential to citi-
zenship.

1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Lyons vs. Cunningham, 66 Cal. 42, 44, 4 Pac. Rep. 938 (construed).

2. CHINESE BORN IN UNITED STATES, of parents who were subject of emperor of China, but residents of this state, are citizens. In re Look Tin Sing, 21 Fed. Rep. 905.

3. "CITIZEN" NEARLY SYNONYMOUS WITH "SUBJECT" as used at common law. -People vs. Washington, 36 Cal. 658, 663. As to citizens of United States being citizens of state in which they reside, see notes by Robert Desty, 1 L. R. A. 56; 12 L. R. A. 364.

As to corporations as citizens, see note 62 Am. St. Rep. 166; monographic note 85 Am. St. Rep. 907.

As to Indians in tribal relations as citizens of state within which they reside, see note by Robert Desty, 7 L. R. A. 126.

4. THE MEXICANS "ESTABLISHED" IN CALIFORNIA on the 30th day of May, 1848, and who had not, on or before 30th day of May, 1849, declared their intentions to continue Mexican citizens, are to be deemed American citizens under the treaty of Guadalupe Hidalgo.-People ex rel. Attorney-General vs. Naglee, 1 Cal. 232, 52 Am. Dec. 312; In re Rodriguez, 81 Fed. Rep. 337, 351.

5. POLITICAL RIGHTS ARE NOT ESSENTIAL to citizenship.-Lyons vs. Cunningham, 66 Cal. 42, 44, 4 Pac. Rep. 938. As to Fourconstitutional provisions: teenth amendment to constitution of United States; treaty of Guadalupe Hidalgo, articles VIII and IX, see HENNING'S GENERAL LAWS pp. xxv, xxviii.

As to naturalization, see post §57 and note.

As to special privileges and immunities of citizens, see Const. 1879 art. I § 21.

§ 52. RESIDENCE, RULES FOR DETERMINING. 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.

History: Enacted March 12, 1872.

1. Applied, cited, construed, referred to.
2. Construed in relation to attachment laws.
3. Absence for temporary purpose.

4. Same-Living on American yacht.
5. "Address" equivalent to "residence."
6. Bona fide residence in state.

RESIDENCE-RULES FOR DETERMINING.