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Lands owned by state: Civ. Code, secs. 669, 670.

Escheated estates: See Code Civ. Proc., secs. 1269-1272. Unclaimed realty of aliens escheats to state: Civ. Code, secs. 672, 1404-1405. Duty of controller as to: Post, sec. 437. Duty of attorney-general as to: Post, sec. 474.

$ 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. En. March 12, 1872.

Sheriff may call to his aid the power of the county; Post, sec. 4176, subd. 5.

$ 43. Acquisition by taxation and assessment, The state may acquire property by taxation in the modes authorized by law. En. March 12, 1872.

Revenue and taxation: Const. Cal., art. XIII, secs. 1-13; post, secs., 3607-3900.

$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 VII, part III, of the Code of Civil Procedure. En. March 12, 1872.

Eminent domain: See Code Civ. Proc., secs. 1237-1263. Corporations subject to: Const. Cal., art. XII, sec. 8. Water-frontages, subject to: Const. Cal., art. XV, 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. Who are the people. The people, as a political body, consist:

1. Of citizens who are electors;

2. Of citizens not electors. En. March 12, 1872.
Cal.Rep.Cit. 66, 44.
Sovereignty resides in the people: Ante, sec. 30.

$ 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. En. March 12, 1872.

Cal.Rep.Cit. 66, 44.

Citizens-allegiance of: Post, secs. 55, 56. When quallfied electors: Post, secs. 1083, 1084.

Persons not citizens: Post, secs. 54, 57, 60.
Allegiance defined: Post, secs. 55, 56.

$ 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 uf act and intent. En. March 12, 1872. Cal.Rep.Cit. 82, 634; 104, 625; 120, 638; 137, 427. Subd. 4

92, 198; 131, 182. Residence for purposes of voting--rules for determining: Post, sec. 1239; Const. Cal., art. II, sec. 4.

Absence from state-on official business, does not affect question of residence: Const. Cal., art. XX, sec. 12,

Same residence for wife as for husband. Divorce, rules inapplicable to actions for: See Civ, Code, sec. 129. Right of husband to select wife's residence: Civ. Code, secs. 103, 104, 156.

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.


TO THE JURISDICTION OF THE STATE. $ 54. All persons within the state subject to its jurisdiction, 55. Allegiance. 56. Allegiance may be renounced. $57. Persons not citizens. 58. Eligibility to office. 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. En. March 12, 1872.

Rights of the state over persons within its limits: Ante, sec. 37.

$ 55. Allegiance. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state. En. March 12, 1872.

$ 56. Allegiance may be renounced. Allegiance may be renounced by a change of residence. En. March 12, 1872.

Residence-rules for determining place of: Ante, sec. 52.

$57. Persons not citizens. Persons in the state not its citizens are either: 1. Citizens of other states; or, 2. Aliens. En. March 12, 1872. Subd. 1. Citizens of other states: See post, sec. 60.

Subd. 2. Aliens-resident, control of property by; Const. Cal., art. I, sec. 17. With respect to the rights of resident aliens: See ante, sec. 54; Civ. Code, secs. 671, 1404. Non-resident, general rights and unclaimed realty of: See under escheated estates, ante, sec. 41.

$58. Eligibility to office. Every elector is eligible to the office for which he is an elector, except where otherwise specially provided; and no person eligible who is not such an elector, except when otherwise specially provided. En. March 12, 1872. Am'd. 1891, 29.

Qualified elector—who is: Post, sec. 1083.

Ineligible to office-persons who are: Post, secs. 841, 842.

$ 59. Rights and duties of citizens not electors. An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding and electing to office. En. March 12, 1872.

$ 60. Rights and duties of citizens of other states. 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. En. March 12, 1872.

Cal.Rep.cit. 66, 44.




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