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41. Property escheats, when.
Sec. 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.
Say the commissioners: “Under the English the original and ultimate proprietor of all the law all escheats are declared to be strictly lands within its jurisdiction: 4 Kent's Com. feudal, and to import the extinction of tenure: 424; 1 Washb. Real Prop. 24; 2 11. 443." Wrighit Ten. 115; 1 W. Black. 123. In this coun Escheated estates: See the note to section try, however, the state steps in in the place of 1272 of the Code of Civil Procedure. the feudal lord by virtue of its sovereignty as 42. Intruders on public lands of state.
Sec. 42. 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.
This is the explanation given by the commis or to hold under a contract with the state. The sioners: “This section provides for the removal state would have no greater rights in this reof persons intruding themselves upon property spect than individuals.” of the state without title, or claiming to enter 43. Acquisition by taxation and assessment.
Seo. 43. The state may acquire property by taxation in the modes authorized by law.
Revenue: See Const. Cal., art. 13, secs. 1-13; and post, secs. 3609–3900. 44. By right of eminent domain.
SEO. 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 the note to sec. 1237, Code Civ. Proc.
PERSONS COMPOSING THE PEOPLE OF THE STATE.
50. Who are the people.
Sec. 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. Electors' qualifications and disabilities: 30, and note.
See post, sec. 1083, 1084; Const. Cal., art. 1, Electors' eligibility to office: See post, sec. sec. 24. 58.
Registration of electors: See post, secs, Electors' rights and duties: See post, sec. 59; Const. Cal., art. 2., secs. 1, 2.
Elections: See secs. 1041 et seq. 51. Who are citizens.
Sec. 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.
1094 et seq.
Citizenship defined: Fourteenth amend. Allegiance defined: See post, secs. 55, 56. ment United States constitution.
Naturalization: See sec. 1097, post. Person born in the United States of Chinese Expatriation.—Citizen of the United States parents residing therein, and not engaged in has the right to renounce his allegiance to the any diplomatic or official capacity under the country of his birth, and may become a citizen emperor of China, is a citizen of the United of another state: Brown v. Dexter, 4 West States: In the Matter of Look Tin Sing, 4 West Coast Rep. 275. Coast Rep. 71; sec. 363, Civ. Code. 52. Residence, rules for determining.
Sec. 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;
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 the purpose of voting, no planation found in the code commissioners' note person shall be deemed to have gained or lost a to this section: “Article 2, section 1, of the residence by reason of his presence or absence state constitution of California (of 1863), fixing while employed in the service of the United the right of suffrage, uses the word 'resident States, nor while engaged in the navigation of instead of 'domiciled,' and in article 1, section the waters of this state or of the United States, 17, foreigners who are or may become 'bona or of the high seas; nor while a student at any fide residents of this state' are secured their seminary of learning, nor while kept at any rights of property equally with citizens. Again, alms-house or other asylumn, at public expense; in article 11, section 19, it is declared that abnor while confined in any public prison: Const.
sence from the state in certain cases shall not Cal., art. 2, sec. 4; Pol. Code, sec. 1239; affect the question of residence.' And again, nor while absent on official business: Const. in connection with holding office and voting, Cal., art. 20, sec. 12. The rules of section the term 'residence' is used in the schedule, 52 for determining the residence of a person are sections 4, 5. So also in the proclamation of expanded in section 1239 of this code, and the General Riley, provisional or military governor, two sections shed light on each other. Resi- issued June 3, 1849, calling a constitutional dence depends upon intention as well as fact, convention, in specifying those entitled to and mere inhabitancy for a short period against exercise the right of suffrage the word • resident' the intention of acquiring a residence would is used. All these provisions clearly indicate not make a resident within the meaning of the that the terms ‘residence' and 'domicile,' so far law, 80 as to constitute an elector: People v. as our constitution is concerned, are convertPeralta, 4 Cal. 175; Develin v. Anderson, 38 Id. ible.” The constitution of 1879, of California, 92; Hayes v. Hayes, 74 III. 42; Harris v. Firth, confirms this idea: See art. 2, secs. 1, 4; art. 20, 4 Cranch C. C. 710; Ewing v. Blight, 3 Wall. jun. 134; Case v.Clarke, 5 Mason, 70; Gilman v. Residence springing from domestic reGilman, 52 Me. 165.
lations. The residence of the husband is the But one residence. The statement in sub- residence of the wife: Dow v. Gould & Curry division 2, that "there can only be one resi- M. Co., 31 Cal. 629; Moffat v. Moffat, 5 Id. 250; dence,” clearly indicates that the codifiers here Hicks v. Skinner, 71 N. C. 539; Lacey v. Clemuse the word "residence" in the sense in which ent, 26 Tex. 665; Hick v. Hick, 5 Bush, 670;
domicile” is understood by the writers: See Hackettstown Bank v. Mitchell, 4 Dutch. 510; Dicey on Domicile, rule 1; Morse on Citizenship, McAjjee v. Kentucky University
, 7 Bush, 135 de 67: The latter author quotes Phillimore's llariston v. Hariston, 27 Miss. 704; Harrison
v. Harrison, 20 Ala. 629, 647; and see Civ. signification of our word "home; and when a Code, secs. 103, 156. In'actions for divorce, person has two residences, the phrase "where the presumption that the residence of the husdomicile;" and says on the authority of Ortolan: Sec. 129, Civ. Code, where it is noticeable that cile and residence; there might be domicile dence." Upon this precise question, see a curious without residence, or residence without domi
case and comments thereon in 23 Alb. L. J. 86. cile.” The reason of the use of the word
The residence of the father is the residence
” of v by the code , is apparent from the following ex Înd. 43; Guier v. O'Daniel, 1 Binn. 349; Daniel
v. Hill, 52 Ala. 430; Taylor v. Jeter, 33 Ga. With respect to the power of the guardian 195; and article in 11 Alb, L. J. 421; and see over his ward's residence, see section 248, Civil sec. 213, Civ. Code. But the general rule as Code of California; Trammell v. 7'rammell, 20 to the residence of an illegitimate infant is that Tex. 406; Wheeler v. Hollis, 33 Id. 512; Ander. it follows that of the mother: Potinger v. Wight. son v. Estate of Anderson, 42 Vt. 330; Iliestand nan, 3 Meriv. 67; Holyoke v. lloskins, 5 Pick. v. Kuns, 8 Blackf. 345; 2 Kent's Com. 2:27, 20; Forbes v. Forbes, 23 L. J. Ch. 724.
note c; Schouler's Dom. Rel., 3d ed., sec. 334.
POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT
TO THE JURISDICTION OF THE STATE.
54. All persons within the state subject to its jurisdiction.
Sec. 54. Every person while within this state is subject to its jurisdiction and entitled to its protection.
This is the correlative of section 37, ante. rights which persons can claim. And consult the What the protection is that a person is hereby fourteenth amendment to the constitution of the entitled to is indicated in the declaration of United States. Aliens' rights with respect to real rights of the state constitution. The Civil estate: See Civ. Code, sec. 671; and to their Code, sections 43–50, recites certain personal power to take by succession: See Id., sec. 1404. 55. Allegiance.
Sec. 55. Allegiance is the obligation of fidelity and obedience which every
Sec. 56. Allegiance may be renounced by a change of residence.
Seo. 57. Persons in the state not its citizens are either.
Rights of citizens of other states.—Sec. its jurisdiction the equal protection of the tion 1 of the fourteenth amendment to the con- laws.” Section 2 of article 4 of the same stitution of the United States declares: “All instrument provides: “The citizens of each persons born or naturalized in the United state shall be entitled to all privileges and im. States, and subject to the jurisdiction thereof, munities of citizens in the several states.” And are citizens of the United States, and of the see Const. Cal., art. 1, sec. 13; see sec. 59, post. state wherein they reside. Nostate shall
make Consult Van Valkenburg v. Brown, 43 Cal. 43, or enforce any law which shall abridge the for a consideration of the fourteenth amend. privileges or immunities of citizens of the ment to United States constitution. United States; nor shall any state deprive any Aliens. — With respect to the rights of resi. persou of life, liberty, or property without due dent aliens, see ante, sec. 54; and secs. 674 process of law; nor deny to any person within 1404, Civ. Code, 58. Eligibility to office.
Seo. 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.
Disqualifications for holding office: See secs. 841, 842, post, and the notes thereto.
Elections: See secs. 1041, post, et seq.
Sec. 59. An elector has no rights or duties beyond those of a citizen not an
Seo. 60. A citizen of the United States who is not a citizen of this state has the same rights and duties as a citizen of this state not an elector.
See note to sec. 57.
district, and shall elect one senator; Fresno shall elect one member of the assembly, Tulare and
OF THE CHIEF POLITICAL DIVISIONS, SEAT OF GOVERN
MENT, AND LEGAL DISTANCES OF THE STATE. True I. CHIEF POLITICAL DIVISIONS OF THE STATE ....
75 II. SEAT OF GOVERNMENT .
145 TIL LEGAL DISTANCES IN THE STATE......
II. SENATORIAL DISTRICTS..
75 78 117 125
See sec. 3901, post.
COUNTIES. 75. Counties.
Seo. 75. The state is divided into counties; the names, boundaries, and territorial subdivisions thereof are as declared in Part IV. of this code.
and great number of the provisions relating Speaking of the labor of describing the bound- thereto, the work was most difficult to consola aries of the counties of this state, the commis. idate the different statutes upon the subject of sioners
, in their note to this section, say: “In county boundaries, and to give to each county New York and Massachusetts no attempt was such boundaries as could be readily traced. made toward a revision of the boundaries of the The result of this work is embodied in part 4, counties, but they were to rest in then existing title 1, chapter 1, of this code.” provisions of law. Because of the uncertainty
SENATORIAL DISTRICTS. 78. Senatorial and assembly districts.
Sections 78 to 106, inclusive, were superseded by the following act:
(Approved March 16, 1874; 1873-4, 366.) SECTION 1. The counties of San Diego and San Bernardino shall be the first senatorial districts, and shall elect one senator; and each of said counties shall elect one member of the
SEC. 2. The county of Los Angeles shall be the second senatorial district, and shall elect one Benator and two members of the assembly.
SEC. 3. The counties of Ventura, Santa Barbara, and San Luis Obispo shall be the third senatorial district, and shall elect one
senator; Ventura and Santa Barbara, jointly, shall elect e member of the assembly, and San Luis Obispo shall elect one member of the assembly.
Sec. 4. The counties of Tulare, Inyo, Fresno, Mono, and Kern shall be the fourth senatorial
member of the assembly.
Sec. 5. The counties of Mariposa, Merced, and Stanislaus shall be the fifth senatorial dis.
Sec. 6. The counties of Santa Cruz, Monterey, and San Benito shall be the sixth senatorial
Sec. 7. The county of Santa Clara shall be the seventh senatorial district, and shall elect two senators and three members of the assembly. Eighth.
Sec. 8. The city and county of San Francisco and the county of San Mateo shall be the eighth senatorial district, and shall elect one senator; the county of San Mateo shall elect one member of the assembly. Ninth.
Sec. 9. That portion of the city and county of San Francisco bounded and described as follows, to wit: commencing at a point where the southerly line of the United States military reservation, known as the “Presidio reservation," intersects with the waters of the Pacific ocean; thence meandering along the waters of said ocean and the waters of the bay of San Francisco, northerly, easterly, and southerly, to the point where Washington street intersects with said bay; thence westerly along said Washington street to its intersection with First avenue; thence northerly along said avenue to its intersection with the southerly boundary line of the said “Presidio reservation;" thence westerly and along the southerly boundary line of said “Presidio reservation ” to its intersection with the Pacific ocean, and the point of beginning-shall be the ninth senatorial district, and shall elect two senators and foui members of the assembly. Tenth.
Sec. 10. That portion of the city and county of San Francisco bounded and described as follows, to wit: commencing at a point where the southerly boundary line of the “Presidio reservation ”intersects with the waters of the Pacific ocean; thence easterly and along the south erly boundary line of said “Presidio reservation” to the point where First avenue intersects with said boundary line; thence southerly along said First avenue to the point where Washington street intersects with said First avenue; thence easterly along said Washington street to its intersection with the waters of the bay of San Francisco; thence southerly along the line of said bay to the point of intersection of Market street with said bay; thence westerly along said Market street to the point where Geary street intersects with said Market street; thence westerly along said Geary street to where it connects with the Point Lobos toll-road; thence along said Point Lobos toll-road, and said toll-road produced, in a direct line to the Pacific ocean; thence northerly along said ocean to the point of beginning-shall be the tenth senatorial district, and shall elect
two senators and four members of the assembly. Eleventh.
Sec. 11. That portion of the city and county of San Francisco bounded and described as follows, to wit: commencing at a point on the line of Market street where Fourth street intersects with said Market street; thence easterly and along said Market street to the waters of the bay of San Francisco; thence southerly and south-westerly along the line of the waters of said bay to a point where Fourth street intersects with said bay; thence northerly along the line of said Fourth street to the point of beginning-shall be the eleventh senatorial district, and shall elect two senators and four members of the assembly. Twelfth.
Sec. 12. That portion of the city and county of San Francisco bounded and described as follows, to wit: commencing at the intersection of Larkin and Geary streets, and running thence easterly along said Geary street to its intersection with Market street; thence south-westerly along the line of said Market street to the point of intersection of Fourth street with said Mar. ket street; thence southerly along said Fourth street to the point of its intersection with Chaq. nel street; thence south-westerly along said Channel street to the point of its intersection with Eighth street; thence northerly along said Eighth street to the point of its intersection with Market street; thence south-westerly along said Market street to the point of the intersection of Larkin street with said Market street; thence northerly along said Larkin street to the point of beginning-shall be the twelfth senatorial district, and shall elect two senators and four members of the assembly. Thirteenth.
Sec. 13. That part of the city and county of San Francisco bounded and described as follows, to wit: commencing at a point where
the Point Lobos toll-road produced in a direct line westerly intersects with the waters of the Pacific ocean, and running thence easterly along said Point Lobos toll-road to the point of its connection with Geary street; thence along said Geary btreet easterly to its intersection with Larkin street; thence southerly along said Larkin street to the point of its intersection with Market street; thence north-easterly along said Market street to the point where Eighth street intersects with said Market street; thence south-easterly along said Eighth street to its intersection with Channel street; thence north-easterly along said Channel street to the point of its intersection with Fourth street; thence south-easterly along said Fourth street to the point of its intersection with the bay of San Francisco; thence southerly along the line of the waters of said bay to the point of intersection of the boundary line between the city and county of San Francisco
and the county of San Mateo with the waters of said bay;