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PART I

OF THE

SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS

JURISDICTION.

Pol. Code-2

OF THE

PART I.

SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS

JURISDICTION.

Title I.

Sovereignty of the State, §§ 30-44.

II. Persons Composing the People of the State, §§ 50-52.

III. Political Rights and Duties of all Persons Subject to the Jurisdiction of the State, §§ 54-60.

TITLE I.

SOVEREIGNTY OF THE STATE.

Chapter I. Residence of Sovereignty, § 30.

II.

Territorial Jurisdiction of the State, §§ 33, 34. III. General Rights of the State over Persons, § 37. IV. General Rights of the State over Property, $$ 40-44.

CHAPTER I.

RESIDENCE OF SOVEREIGNTY.

§30. Sovereignty resides in the people.

$30. Sovereignty resides in the people. The SOVereignty of the state resides in the people thereof, and all writs and processes must issue in their name. En. March 12, 1872.

People of state-political supremacy of: See Const. Cal., art. I, sec. 2. Rights of: See Const. Cal., art. I, secs. 10, 19, 23.

See Const. Cal., art. VI, sec. 20. Prose-
See Const. Cal., art. VI, sec.

Style of process: cutions in name of people: 20.

State sovereignty; state Const. Cal., art. I, sec. 3. law of land: Ib.

inseparable part of Union; Federal constitution supreme

§ 33. $34.

CHAPTER II.

TERRITORIAL JURISDICTION OF THE STATE.

Territorial jurisdiction; limitations on.

Purchase, etc., of lands by United States for public use.

§ 33. Territorial jurisdiction; limitations on. The sovereignty and jurisdiction of this state extends to all places within its boundaries as established by the constitution, but the extent of such jurisdiction over places that have been or may be ceded to, purchased or condemned by the United States, is qualified by the terms of such cession, or the laws under which such purchase or condemnation has been or may be made. En. March 12, 1872.

Boundary of state: Const. Cal., art. XXI, sec. 1. Purchase or condemnation by United States: Post, sec. 34.

§ 34. Purchase, etc., of lands by United States for public use. The legislature consents to the purchase or condemnation by the United States of any tract of land within the 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. En. March 12, 1872.

Lighthouses-and other aids to navigation, submarine sites for: See Stats. 1874, p. 621.

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. En. March 12, 1872.

Cal.Rep.Cit. 105, 508.

Declaration of rights of people: Const. Cal., art. I, secs.

1-24.

Police powers of state: Post, secs. 2949-3387.

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$ 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. En. March 12, 1872.

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

670.

Property escheats, when: Post, sec. 41.

Eminent domain: post, sec. 44.

§ 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. En. March 12, 1872.

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