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§ 50. WHO ARE THE PEOPLE. The people, as a political body, consist: 1. Of citizens who are electors;

2. Of citizens not electors.

Enacted March 12, 1872.

As to election, see, post, § 1041 et seq.

As to elector's eligibility to office, see, post, § 58; also Const. 1879, art. IV, §§ 20, 21. As to elector's qualifications, see, post, §§ 1083, 1084 and notes; also Const. 1879, art. I, § 24; art. II, §§ 1, 4, 5.

As to elector's rights and duties, see, post, § 59: Const. 1879, art. II.

As to registration of electors, see, post, § 1094 et seq.

As to rights and duties of citizens other than electors, see, post, § 59 and note.

As to rights and duties of citizens of the United States who are not citizens of the state, see, post, § 60 and note.

As to sovereign rights of people, see, ante, § 30 and note.

As to citizenship of persons who are not electors, generally, see note, 8 L. R. A. 337; 14 L. R. A. 580-586.

Construction of section-Tuition for non-resident students attending University of California, provided for in the act of May 20, 1921', defining a non-resident student as any person who has not for more than one year immediately preceding his entrance into the university been a bona fide resident of the State of California, is constitutional and valid. Same-Same-Reason for the classification which is founded upon the Constitution itself, which denies to citizens of the state a right to vote until after he has resided in the state one year, such residence being required to establish evidence of a bona fide intent to remain in the state permanently, the object of the provisions of the new section added to the code being to restrict the university advantages without a payment of tuition to such people as are bona fide residents of the state'.

'See, post, § 1394.

'Bryan v. Regents of University of California, 188 Cal. 559, 205 Pac. 1071. * See Const. 1879, art. II, § 1.

'Bryan v. Regents of University of California, 188 Cal. 559, 205 Pac. 1071.

§ 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.

Enacted March 12, 1872.

As to constitutional provisions: Fourteenth amendement to constitution of United States, 11 Fed. Stats. Ann. (2d. ed.), pp. 657-1102; Treaty of Guadalupe Hidalgo, articles VIII and IX, see Henning's General Laws (1st ed.), p. xxviii.

As to naturalization, see, post, § 57 and note.

As to special privileges and immunities of citizens, see Const. 1879, art. I, § 21. As to public moneys-Restraining payment, being in those persons who are designated citizens in above section that are entitled, when residents of the county, to bring an action to restrain illegal payment of public moneys under section 526a of the Code of Civil Procedure.-Thomas v. Joplin, 14 Cal. App. 662, 112 Pac. 729.

§ 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;

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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.

Enacted March 12, 1872.

As to an insane person, under guardianship, changing his residence, see brief in

3 L. R. A. 254.

As to homestead, and requisite residence, see Kerr's Small Civ. Code (1923 edition), § 1237 and note.

As to residence of electors, see, post, § 1239 and note.

As to "residence"-Definition of as "the place where one remains when not called elsewhere for labor or other special or temporary purposes, and to which he returns in seasons of repose."-Marston v. Watson, 20 Cal. App. 465, 129 Pac. 611, 612.

Domicile of person-Question of intent, and where a person has two dwellings in different places, residing a part of the time in one place and a part of the time in another place, alternately, the question which of the two places is his legal residence, is altogether a question of the party's intent. Thus, in a proceeding for the collection of inheritance-tax in a case in which a decedent had established a home in Wisconsin, where he resided and transacted business for many years and thereafter acquired a home in Pasadena, California, in which he resided a part of the year, and a part of the year returned to and resided in his Wisconsin home, usually spending the time from October or November to May or June of each year in his Pasadena home, and the balance of the year in his Wisconsin home, in the latter of which homes he maintained at all times three or more servants, all his furniture, and a large number of curios and other articles collected during numerous travels, and died during the period of residence in his Pasadena home, the court held that he was domiciled in his Wisconsin home and his estate not subject to the inheritance-tax law of California. Elector-Residence for purposes of voting controlled by the provisions of above section and of § 1239, post, under the provisions of which section, where a man has for a number of years resided in a hotel in a town, making such hotel his home when not employed elsewhere in his work, and returning to such hotel when his work elsewhere ceased, proof of these facts show that such person is a resident and entitled to vote at an election in that precinct, notwithstanding the fact he had therein no room or house in which to dwell.

1 Chambers v. Hathaway, 187 Cal. 104, 200 Pac. 931.

2 Id.

People v. English, 54 Cal. App. 90, 201 Pac. 145, fol. Stewart v. Kyser, 105 Cal. 459, 39 Pac. 19, Smith v. Thomas, 121 Cal. 533, 51 Pac. 71, Huston v. Anderson, 145 Cal. 320, 328, 78 Pac. 626, 635; Sheehan v. Scott, 145 Cal. 684, 79 Pac. 350.

As to disfranchisement of electors at a school bond election, and when such disfranchisement does not invalidate the bonds voted at such election, see, post, § 1083 and note.

TITLE III.

POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO

THE JURISDICTION OF THE STATE.

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$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.

Enacted March 12, 1872.

As to jurisdiction over absent citizens, see note 53 Am. St. Rep. 179.

As to jurisdiction of state over tribal Indians, see note 21 L. R. A. 169; briefs in 37 L. R. A. 636; 41 L. R. A. 419.

As to rights of Indians to sue, see note 13 L. R. A. 542.

As to rights of persons within state, constituitonal declaration of rights, see Const. 1879, art. I, §§ 1-24.

As to general personal rights, see Kerr's Small Civ. Code, (1923 edition), § 43 and note.

§ 55. ALLEGIANCE. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state.

Enacted March 12, 1872.

As to right of citizen to expatriate himself and become a citizen of another county, see Brown v. Dexter, 66 Cal. 39, 4 Pac. 913; see, also, post, § 56 and note.

§ 56. ALLEGIANCE MAY BE RENOUNCED. Allegiance may be renounced by a change of residence.

Enacted March 12, 1872.

As to right of a citizen of United States to renounce his allegiance and become citizen of another country,.see In re Look Tin Sing, 21 Fed. 905; see, also, ante, § 55 and note.

$57. PERSONS NOT CITIZENS. Persons in the state not its citizens are either:

1. Citizens of other states; or,

2. Aliens.

Enacted March 12, 1872.

as an alien, see notes 84 Am. Dec.

As to alien as grand juror, see note by Irwin Taylor, 28 L. R. A. 195.
As to effect of marriage on wife's status

210-213; 22 L. R. A. 148, L. R. A. 1916D, 132.

As to evidence of allegiance, see Walther v. Rabolt, 30 Cal. 185.

As to immigration, see. post, § 2949 et seq.

As to rights of aliens, see note 14 L. R. A. 583.

As to right of alien to inherit, in California, see Kerr's Small Civ. Code (1923 edition), § 1404 and note.

As to right of alien to hold property in California, see Kerr's Small Civ. Code (1923 edition), § 671 and note.

Same-Foreigners who are bona fide residents of state enjoy same rights in respect to possession, enjoyment, and inheritance of property as native-born citizens.-Const. 1879, art I, § 17.

As to right of alien to sue, see notes 54 L. R. A. 934: 3 L. R. A. (N. S.) 473; 21 L. R. A. (N. S.) 267.

As to who are aliens, see note 84 Am. Dec. 210.

As to treaty guaranties to aliens, see note 16 L. R. A. 277.

§ 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 is eligible who is not such an elector, except when otherwise specially provided.

Enacted March 12, 1872; amended March 10, 1891, Stats. and Amdts. 1891, p. 29.
As to qualifications of electors, see, post, §§ 841-843, 1083, 1084.

As to women as matrons of prisons, see, post, § 4226.

Citizens of state-Who are within provisions of Constitution and of § 13941⁄2, post'.

1 See, ante, § 50 and note.

§ 59.

RIGHTS AND DUTIES OF CITIZENS NOT ELECTORS. An elector has no right or duties beyond those of a citizen not an elector, except the right and duty of holding and electing to office.

§ 60.

Enacted March 12, 1872.

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.

Enacted March 12, 1872.

472.

As to discrimination by states, concerning rules of evidence, see note 92 Am. Dec.
As to effect of fourteenth amendment to U. S. Const., see note 62 Am. St. Rep. 167.
As to privileges and immunities of citizens, see 1 L. R. A. 56; 14 L. R. A. 579.

As to rights of corporations as citizens of other states, see notes 62 Am. St. Rep. 165; 85 Am. St. Rep. 906.

As to school privileges, see note 14 L. R. A. 581.

PART II.

OF THE CHIEF POLITICAL DIVISIONS, SEAT OF GOVERNMENT, AND LEGAL DISTANCES OF THE STATE.

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[“Title I of Part II of the Political Code, and each and every chapter and section in said title contained, are hereby repealed.

"Section 2. A new title is hereby added to the Political Code in lieu of the title hereby repealed, to be known as Title I of Part II of said code, and to read as follows:" (Stats. and Amdts. 1907, p. 614, Kerr's Stats. and Amdts. 1906-7, p. 5).]

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§ 75. COUNTIES. The state is divided into counties; the names, boundaries and territorial subdivisions thereof are as declared in Part IV of this code.

Enacted March 12, 1872; former section repealed and enactment of present section approved March 19, 1907, Stats. and Amdts. 1907, p. 614, Kerr's Stats. and Amdts. 1906-7, p. 5.

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