As to settlements with the controller and payments into state treasury, see Kerr's Cyc. Pol. C. §§ 3865-3880. Property defined.-See Kerr's Cyc. Pol. C. § 3617; also Kerr's Cyc. C. C. §§ 14, 607 and notes. § 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. History: Enacted March 12, 1872. As to eminent domain, its purposes, the rights of, and procedure relative thereto, see Kerr's Cyc. C. C. P. §§ 1237-1260 and notes. All frontages on navigable waters of the state are subject to right of eminent domain.-See Const. 1879, art. XV, §1; Hen. G. L. p. ci. Property and franchises of corporations subject to right of eminent domain. See Const. 1879, art. XII, § 8; Hen. G. L. p. XCV. $ 52. Residence, rules for determining. § 50. WHO ARE THE PEOPLE. The people, as a political body, consist: 1. Of citizens who are electors; 2. Of citizens not electors. See Kerr's Cyc. Pol. C. for 6 pars. annotation. 66 C. 42, 44, 4 P. 938 (cited). As to elections, see Kerr's Cyc. Pol. C. §§ 1041 et seq. and notes. As to elector's eligibility to office, see post § 58; also Const. 1879, art. IV, §§ 20, 21; Hen. G. L. p. lxxii. As to elector's qualifications, see Kerr's Cyc. Pol. C. §§ 1083, 1084 and notes; also Const. 1879, art. I, § 24; art. II, §§ 1, 4, 5; Hen. G. L. pp. lxvii, lxviii. As to elector's rights and duties, see Kerr's Cyc. Pol. C. § 59; Const. 1879, art. II; Hen. G. L. pp. xvii-lxix. As to registration of electors, see Kerr's Cyc. Pol. C. §§ 1094 et seq. As to rights and duties of citizens of the United States who are not citizens of the state, see Kerr's Cyc. Pol. C. § 60 and note. As to rights and duties of citizens other than electors, see Kerr's Cyc. Pol. C. § 59 and note. As to sovereign rights of people, see Kerr's Cyc. Pol. C. § 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. See Kerr's Cyc. Pol. C. for 5 pars. annotation. 66 C. 42, 44, 4 P. 938 (construed). As to citizens of the United States being citizens of state in which they reside, see 1 L. 56; 12 L. 364. As to constitutional provisions: Fourteenth amendment to constitution of United States; treaty of Guadalupe Hidalgo, articles VIII and IX, see Hen. G. L. pp. xxv, xxviii.⚫ As to corporations as citizens, see 62 A. S. 166; note 85 A. S. 907. As to Indians in tribal relations as citizens of state within which they reside, see 7 L. 126. As to naturalization, see Kerr's Cyc. Pol. C. § 57 and note. As to special privileges and immunities of citizens, see Const. 1879, art. I, § 21; Hen. G. L. p. lxvii. § 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. See Kerr's Cyc. Pol. C. for 22 pars. annotation. 82 C. 631, 634, 23 P. 56, 57, 7 L. 127 (construed with C. C. P. $537); 92 C. 195, 198, 28 P. 229, 231 (applied); 104 C. 623, 625, 38 P. 456 (construed); 120 C. 634, 638, 53 P. 30 (construed); 131 C. 180, 182, 63 P. 345 (construed with § 228 C. C. and § 1747 C. C. P.); 137 C. 420, 427, 70 P. 299 (referred to); 145 C. 320, 328, 78 P. 626 (construed with § 1239); 145 C. 684, 690, 79 P. 350 (construed with § 1239). As to absence on official business of state or United States, see Const. 1879, art. XX, § 12; Hen. G. L. p. civ. As to an insane person, under guardianship, changing his residence, see brief 3 L. 254. As to change of residence by student, see brief 63 L. 275. As to homestead, and requisite residence, see Kerr's Cyc. C. C. § 1237 and note. As to legal residence, in general, see 59 A. D. 111, 115; 48 A. S. 711-717; 32 A. D. 427; 56 A. D. 532; 2 L. 203; brief in 32 L. 82. As to residence of electors, see Kerr's Cyc. Pol. C. § 1239 and note. See Kerr's Cyc. C. C. § 213. As to residence of minor child, in general, see 54 A. D. 58; 13 L. 163; briefs 38 L. 472; 50 L. 663. As to residence of wife, in general, see 59 A. D. 112; briefs 52 L. 420; 56 L. 866. As to separate residence of married woman, exceptions to rule, see 84 A. S. 27. 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. $55. Allegiance. $59. Rights and duties of citizens not electors. $60. Rights and duties of citizens of other states. § 54. ALL PERSONS WITHIN THE STATE SUBJECT TO ITS JURISDICTION. Every person while within this state is subject to its jurisdiction and entitled to its protection. History: Enacted March 12, 1872. See Kerr's Cyc. Pol. C. for 2 pars. annotation. As to general personal rights, see Kerr's Cyc. C. C. § 43 and note. As to general rights of state over persons within its limits, see Kerr's Cyc. Pol. C. § 37 and note. As to jurisdiction of state over tribal Indians, see 21 L. 169; briefs 37 L. 636; 41 L. 419. As to jurisdiction over absent citizens, see 53 A. S. 179. As to rights of persons within state, constitutional declaration of rights, see Const. 1879, art. I. §§ 1-24; Hen, G. L. pp. lxv-lxvii. § 55. ALLEGIANCE. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state. History: Enacted March 12, 1872. Citizens may renounce country.-See Kerr's Cyc. Pol. C. § 55. note. § 56. ALLEGIANCE MAY BE RENOUNCED. may be renounced by a change of residence. History: Enacted March 12, 1872. Allegiance Citizen may expatriate himself.-See Kerr's Cyc. Pol. C. § 56, note. |