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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 law all escheats are declared to be strictly feudal, and to import the extinction of tenure: Wright Ten. 115; 1 W. Black. 123. In this country, however, the state steps in in the place of the feudal lord by virtue of its sovereignty as
This is the explanation given by the commissioners: "This section provides for the removal of persons intruding themselves upon property of the state without title, or claiming to enter
the original and ultimate proprietor of all the lands within its jurisdiction: 4 Kent's Com. 424; 1 Washb. Real Prop. 24; 2 Id. 443." Escheated estates: See the note to section 1272 of the Code of Civil Procedure.
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.
or to hold under a contract with the state. The state would have no greater rights in this respect than individuals."
43. Acquisition by taxation and assessment.
SEC. 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.
SEC. 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. 30, and note.
Electors' eligibility to office: See post, sec.
Electors' rights and duties: See post, sec. 59; Const. Cal., art. 2., secs. 1, 2.
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.
Electors' qualifications and disabilities: See post, sec. 1083, 1084; Const. Cal., art. 1,
Registration of electors: See post, secs. 1094 et seq.
Elections: See secs. 1041 et seq.
Citizenship defined: Fourteenth amend ment United States constitution.
Person born in the United States of Chinese parents residing therein, and not engaged in any diplomatic or official capacity under the citizen of the United emperor of China, is States: In the Matter of Look Tin Sing, 4 West Coast Rep. 71; sec. 363, Civ. Code.
Allegiance defined: See post, secs. 55, 56. Naturalization: See sec. 1097, post. Expatriation.-Citizen of the United States has the right to renounce his allegiance to the country of his birth, and may become a citizen of another state: Brown Dexter, 4 West Coast Rep. 275.
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
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.
Residence. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this state or of the United States, or of the high seas; nor while a student at any seminary of learning, nor while kept at any alms-house or other asylum, at public expense; nor while confined in any public prison: Const. Cal., art. 2, sec. 4; Pol. Code, sec. 1239; nor while absent on official business: Const. Cal., art. 20, sec. 12. The rules of section 52 for determining the residence of a person are expanded in section 1239 of this code, and the two sections shed light on each other. Residence depends upon intention as well as fact, and mere inhabitancy for a short period against the intention of acquiring a residence would not make a resident within the meaning of the law, so as to constitute an elector: People v. Peralta, 4 Cal. 175; Develin v. Anderson, 38 Id. 92; Hayes v. Hayes, 74 Ill. 42; Harris v. Firth, 4 Cranch C. C. 710; Ewing v. Blight, 3 Wall. jun. 134; Case v. Clarke, 5 Mason, 70; Gilman v. Gilman, 52 Me. 165.
But one residence. The statement in subdivision 2, that "there can only be one residence," clearly indicates that the codifiers here use the word residence" in the sense in which "domicile" is understood by the writers: See Dicey on Domicile, rule 1; Morse on Citizenship, sec. 67. The latter author quotes Phillimore's definition: "Domicile corresponds nearly to the signification of our word home;' and when a person has two residences, the phrase 'where he has made his home' indicates which is his domicile;" and says on the authority of Ortolan: It is important to distinguish between domicile and residence; there might be domicile without residence, or residence without domicile." The reason of the use of the word "residence" as synonomous with "domicile," by the code, is apparent from the following ex
planation found in the code commissioners' note to this section: "Article 2, section 1, of the state constitution of California [of 1863], fixing the right of suffrage, uses the word 'resident instead of 'domiciled,' and in article 1, section 17, foreigners who are or may become 'bona fide residents of this state' are secured their rights of property equally with citizens. Again, in article 11, section 19, it is declared that ab
sence from the state in certain cases shall not
affect the question of 'residence.' And again, in connection with holding office and voting, the term 'residence' is used in the schedule, sections 4, 5. So also in the proclamation of General Riley, provisional or military governor, issued June 3, 1849, calling a constitutional convention, in specifying those entitled to exercise the right of suffrage the word 'resident' is used. All these provisions clearly indicate that the terms 'residence' and 'domicile,' so far as our constitution is concerned, are convertible." The constitution of 1879, of California, confirms this idea: See art. 2, secs. 1, 4; art. 20,
Residence springing from domestic relations. The residence of the husband is the residence of the wife: Dow v. Gould & Curry M. Co., 31 Cal. 629; Moffat v. Moffat, 5 Id. 280; Hicks v. Skinner, 71 N. C. 539; Lacey v. Clement, 26 Tex. 665; Hick v. Hick, 5 Bush, 670; Hackettstown Bank v. Mitchell, 4 Dutch. 516; McAfee v. Kentucky University, 7 Bush, 135; Hariston v. Hariston, 27 Miss. 704; Harrison v. Harrison, 20 Ala. 629, 647; and see Civ. Code, secs. 103, 156. In actions for divorce, the presumption that the residence of the husband is the residence of the wife does not apply: Sec. 129, Civ. Code, where it is noticeable that the word "domicile" is used, and not "residence." Upon this precise question, see a curious
case and comments thereon in 23 Alb. L. J. 86.
The residence of the father is the residence of his legitimate child: McCollem v. White, 23 Ind. 43; Guier v. O'Daniel, 1 Binn. 349; Daniel
v. Hill, 52 Ala. 430; Taylor v. Jeter, 33 Ga. 195; and article in 11 Alb. L. J. 421; and see sec. 213, Civ. Code. But the general rule as to the residence of an illegitimate infant is that it follows that of the mother: Potinger v. Wightman, 3 Meriv. 67; Holyoke v. Hoskins, 5 Pick. Forbes v. Forbes, 23 L. J. Ch. 724.
With respect to the power of the guardian over his ward's residence, see section 248, Civil Code of California; Trammell v. Trammell, 20 Tex. 406; Wheeler v. Hollis, 33 Id. 512; Ander. son v. Estate of Anderson, 42 Vt. 350; Hiestand v. Kuns, 8 Blackf. 345; 2 Kent's Com. 227, 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. What the protection is that a person is hereby entitled to is indicated in the declaration of rights of the state constitution. The Civil Code, sections 43-50, recites certain personal 55. Allegiance.
rights which persons can claim. And consult the fourteenth amendment to the constitution of the United States. Aliens' rights with respect to real estate: See Civ. Code, sec. 671; and to their power to take by succession: See Id., sec. 1404.
SEC. 55. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state.
56. Allegiance may be renounced.
SEC. 56. Allegiance may be renounced by a change of residence.
Residence: See note, sec. 52.
Rights of citizens of other states.-Sec
tion 1 of the fourteenth amendment to the stitution of the United States declares: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within 58. Eligibility to office.
57. Persons not citizens.
SEO. 57. Persons in the state not its citizens are either.
1. Citizens of other states; or,
SEC. 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.
59. Rights and duties of citizens not electors.
SEC. 59. 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.
60. Rights and duties of citizens of other states.
SEC. 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.
OF THE CHIEF POLITICAL DIVISIONS, SEAT OF GOVERN-
See sec. 3901, post.
SEC. 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 thereto, the work was most difficult to consolidate the different statutes upon the subject of county boundaries, and to give to each county such boundaries as could be readily traced. The result of this work is embodied in part 4, title 1, chapter 1, of this code."
[Approved March 16, 1874; 1873-4, 366.]
78. Senatorial and assembly districts.
Sections 78 to 106, inclusive, were superseded by the following act:
An Act to define the senatorial and assembly districts of this state, and to apportion the representa
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 assembly.
SEC. 2. The county of Los Angeles shall be the second senatorial district, and shall elect one senator 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 one 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 district, and shall elect one senator; Fresno shall elect one member of the assembly, Tulare and Kern shall elect jointly one member of the assembly, and Mono and Inyo shall elect jointly one member of the assembly.
SEC. 5. The counties of Mariposa, Merced, and Stanislaus shall be the fifth senatorial district, and shall elect one senator; Mariposa and Merced shall jointly elect one member of the assembly, and Stanislaus shall elect one member of the assembly.
SEO. 6. The counties of Santa Cruz, Monterey, and San Benito shall be the sixth senatorial district, and shall elect jointly one senator; and each of said counties shall elect one member of the assembly.
SEC. 7. The county of Santa Clara shall be the seventh senatorial district, and shall elect two senators and three members of the assembly.
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.
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 th the waters 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 four 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 southerly 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.
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.
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 Market street; thence southerly along said Fourth street to the point of its intersection with Channel 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.
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 street 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;