United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 79 of 150)
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The clerk of any court collecting sudi fees is hereby authorized to
retain one-half of the fees collected by him in such naturalization pro-
ceeding ; the remaining one-half of the naturalization fees in each case
collected by such clerks, respectively, shall be accounted for in their
quarterly accounts, which they are hereby required to render the Bu-
reau of [Immigration and] Naturalization, and paid over to such
Bureau within thirty days from the close of each quarter in each
and every fiscal year, and the moneys so received shall be paid over
to the disbursing clerk of the Department of [Commerce and] La-
bor, who shall thereupon deposit them in the Treasury of the
United States, rendering an account therefor quarterly to the Au-
ditor for the State and other Departments, and the said disbursing
clerk shall be held responsible under his bond for said fees so re-
ceived.

In addition to the fees herein required, the petitioner shall, upon the
filing of his petition to become a citizen of the United States, deposit
with and pay to the clerk of the court a sum of money sufficient to
cover the expenses of subpoenaing and paying the legal fees of any
witnesses for whom he may request a subpoena, and upon the final dis-
charge of such witnesses they shall receive, if they demand the same
from the clerk, the customary and usual witness fees from the moneys
which the petitioner shall have paid to such clerk for such purpose,
and the residue, if any, shall be returned by the clerk to the peti-
tioner: Provided, That the clerks of courts exercising jurisdiction in
naturalization proceedings shall be permitted to retain one-half of
(1782)



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Tit. 30) NATURALIZATION § 4372

the fees in any fiscal year up to the sum of three thousand dollars,
and that all fees received by such clerks in naturalization proceed-
ings in excess of such amount shall be accounted for and paid over
to said Bureau as in case of other fees to which the United States
may be entitled under the provisions of this Act. The clerks of the
various courts exercising jurisdiction in naturalization proceedings
shall pay all additional clerical force that may be required in perform-
ing the duties imposed by this Act upon the clerks of courts from fees
received by such clerks in naturalization proceedings. And in case the
clerk of any court exercising naturalization jurisdiction collects fees
in excess of the sum of six thousand dollars in any fiscal year the
Secretary of [Commerce and] Labor may allow salaries, for nat-
uralization purposes only, to pay for clerical assistance, to be se-
lected and employed by that clerk, additional to the clerical force,
for which clerks of courts are required by this section to pay from
fees received by such clerks in naturalization proceedings, if in the
opinion of said Secretary the naturalization business of such clerk
warrants further additional assistance : Provided, That in no event
shall the whole amount allowed the clerk of a court and his as-
sistants exceed the one-half of the gross receipts of the office o^
said clerk from naturalization fees during such fiscal year: Pro-
vided further. That when, at the close of any fiscal year, the busi-
ness of such clerk of court indicates in the opinion of the Secretary
of [Commerce and] Labor that the naturalization fees for the suc-
ceeding fiscal year will exceed six thousand dollars the Secretary
of [Commerce and] Labor may authorize the continuance of the
allowance of salaries for the additional clerical assistance herein
provided for and employed on the last day of the fiscal year until
such time as the remittances indicate in the opinion of said Sec-
retary that the fees for the then current fiscal year will not be suffi-
cient to allow the additional clerical assistance authorized by this Act.
That payment for the additional clerical assistance herein authorized
shall be in the manner and under such regulations as the Secretary of
[Commerce and] Labor may prescribe. (34 Stat. 600. 36 Stat.
829.)

See notes to section 8 of this act, ante» § 4351.

The words "Immigration and/' inclosed in brackets in this section, were
superseded by the division of the Bureau of Immigration and Naturalization,
theretofore in the Department of Commerce and Labor, into two bureaus to
be known as the Bureau of Immigration and the Bureau of Naturalization in
the Department of Labor by the act creating the latter department, Act March
4, 1913, c. 141, f 3, ante, { 934. The words "Commerce and," also inclosed
in brackets in the several places where they occur in this section, were super-
seded by the transfer to and conferring upon the head of the Department of
Labor of all duties and powers possessed or exercised by the head of any de-
partment from which a bureau was transferred to the Department of Labor,
by Act March 4, 1913, c. 141, { 8, ante, I 940.

The amendment of this section by Act June 25, 1910, c 401, | 1, cited
above, consisted in striking out the last sentence of the section as originally
enacted, which read as follows: VAnd in case the clerk of any court collects
fees in excess of the sum of six thousand dollars in any one year, the Secre-
tary of Commerce and Labor may allow to such clerk from the money which
the United States shall receive additional compensation for the employment

(1783)



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§ 4372 NATDEALIZATION (Tit 30

of addidonal clerical assistance, but for no other purpose, if in the opinion of
the said Secretary the business of such cleric warrants such allowance/* and
inserting in lieu thereof the provision beginning *'And In case the d^rk of snjr
court exercising naturalization jurisdiction," etc, to and including the two
provisos following, to the end of the section as set forth here.

A provision of Act March 4, 1909, c 29&, | 1, 85 Stat 983, limiting the
compensation for additional clerical assistance and providing for r^^ulAtion uf
expenditures therefor, was superseded by said amendment of this section.

Provisions for payment for such additional clerical assistance employed dar-
ing the period from Sept 27, 1006, to June 30, 1907, were contained in sec-
tion 2 of said amendatory act. Act June 25, 1910, c 401, I 2, 86 Sut 8.10.

Any clerk oi' other officer willfully neglecting to account for moneys received
by him for naturalization proceedings, or to pay over any balance thereof due,
was to be deemed guilty of embezzlement, and punishable therefor, by section
20 of this act, post, { 4376.

The demand, etc., or receipt by a clerk, etc., of other or additional fees or
moneys in naturalization proceedings save those specified herein was made
a misdemeanor and punishable by section 21 of thii act, post, i 4377.

§ 4373. (Act June 29, 1906, c. 3592, § 14.) Binding declaration of

intention and petitions for naturalization as records of court;

reference in certificate of naturalization to record of petition

and stub of certificate.
The declarations of intention and the petitions for naturaliza-
tion shall be bound in chronological order in separate volumes,
indexed, consecutively numbered, and made part of the records of
the court. Each certificate of naturalization issued shall bear upon
its face, in a place prepared therefor, the volume number and page
number of the petition whereon such certificate was issued, and the
-volume number and page number of the stub of such certificate.
(34 Stat. 601.)

See notes to section 3 of this act, ante, § 4851.

§ 4374. (Act June 29, 1906, c. 3592, § 15.) Cancellation 61 certifi-
cates fraudulently or illegally procured, or of certificates of
persons taking permanent residence in foreign country; pro-
ceedings, order and judgment, records, etc.; certificates issued
under prior laws.
It shall be the duty of the United States district attorneys for
the respective districts, upon affidavit showing good cause there-
for, to institute proceedings in any court having jurisdiction to
naturalize aliens in the judicial district in which the naturalized citizen
may reside at the time of bringing the suit, for the purpose of setting
aside and canceling the certificate of citizenship on the ground of fraud
or on the ground that such certificate of citizenship was illegally pro-
cured. In any such proceedings the party holding the certificate of
citizenship alleged to have been fraudulently or illegally procured shall
have sixty days personal notice in which to make answer to the petition
of the United States ; and if the holder of such certificate be absent from
the United States or from the district in which he last had his resi-
dence, such notice shall be given by publication in the manner provided
for the service of summons by publication or upon absentees by the
laws of the State or the place where such suit is brought.

If any alien who shall have secured a certificate of citizenship under
the provisions of this Act shall, within five years after the issuance of
(1784)



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Tit. 30) NATURALIZATION § 4375

such certificate, return to the country of his nativity, or go to any
other foreign country, and take permanent residence therein, it shall
be considered prima facie evidence of a lack of intention on the part
of such alien to become a permanent citizen of the United States at
the time of filing his application for citizenship, and, in the absence
of countervailing evidence, it shall be sufficient in the proper proceed-
ing to authorize the cancellation of his certificate of citizenship as
fraudulent, and the diplomatic and consular officers of the United
States in foreign countries shall from time to time, through the De-
partment of State, furnish the Department of Justice with the names
ot those within their respective jurisdictions who have such certificates
of citizenship and who have taken permanent residence in the country
of their nativity, or in any other foreign country, and such statements,
duly certified, shall be admissible in evidence in all courts in proceed-
ings to cancel certificates of citizenship.

Whenever any certificate of citizenship shall be set aside or can-
celed, as herein provided, the court in which such judgment or decree
is rendered shall make an order canceling such certificate of citizenship
and shall send a certified copy of such order to the Bureau of [Im-
migration and] Naturalization ; and in case such certificate was not
originally issued by the court making such order it shall direct
the clerk of the court to transmit a copy of such order and judg-
ment to the court out of which such certificate of citizenship shall
have been originally issued. And it shall thereupon be the duty
of the clerk of the court receiving such certified copy of the order
and judgment of the court to enter the same of record and to can-
cel such original certificate of citizenship upon the records and to no-
tify the [Bureau of Immigration] and Naturalization of such cancella-
tion.

The provisions of this section shall apply not only to certificates of
citizenship issued under the provisions of this Act, but to all certificates
of citizenship which may have been issued heretofore by any court
exercising jurisdiction in naturalization proceedings under prior laws.
(34 Stat. 601.)

See notes to section 3 of this' act, ante, f 4351.

The words "Inunigration and,*' inclosed in brackets where they occur twice in
this section, were superseded by the division of the Bureau of Immigration
and Naturalization, theretofore ^n the Department of Commerce and Labor,
into two Bureaus to be known as the Bureau of Immigration and the Bureau
of Naturalization in the Department of Labor, by the act creating the latter
department, Act March 4, 1913, c. 141, § 3, ante, f 934.

On conviction of any person of knowingly procuring naturalization in
violation of the provisions of this act, the order admitting such person to
citizenship is to be adjudged void, by section 23 of this act, post, § 4378.

A naturalized citizen who resides for two years in the foreign state from
which he came, or for five years in any other foreign state, is to be pre-
sumed to have ceased to be an American citizen, by Act March 2, 1907, c
2534, f 2, ante, § 3959.

§ 4375. (Act June 29, 1906, c. 3592, § 18.) Issuance of certificate
of citizenship contrary to provisions of act, a felony; punish-
ment.
It is hereby made a felony for any clerk or other person to issue

(1785)



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A



§ 4876 NATURALIZATION (Tit. 30

or be a party to the issuance of a certificate of citizenship contrary
to the provisions of this Act, except upon a final order under the
hand of a court having jurisdiction to make such order, and tip^^
conviction thereof such clerk or other person shall be punished by ^'^^
prisonment for not more than five years and by a fine of not more tt^^ j
five thousand dollars, in the discretion of the court (34 Stat 6C?^' ^
See notes to tection 8 of thi« act, ante, S 4351.

§ 4376. (Act June 29, 1906, c 3592, § 20.) Neglect of clerk or <y^Z
er officer to account for or pay over balance of moneyi ^^1^
ceived for naturalization proceedings, embezzlement; puni^'^^
ment -^

Any clerk or other officer of a court having power under tt^*^
Act to naturalize aliens, who willfully neglects to render true ^^^
counts of moneys received by him for naturalization proceedin^^
or who willfully neglects to pay over any balance of such mone)''^
due to the United States within thirty days after said payment sh^^
become due and demand therefor has been made and refused, shall t>^
deemed guilty of embezzlement of the public moneys, and shall t^
punishable by imprisonment for not more than five years, or by a fine
of not more than five thousand dollars, or both. (34 Stat 602.)
See notes to section 8 of this act, ante, f 4351.

§ 4377. (Act June 29, 1906, c. 3592, § 21.) Demand, etc., or re*

ceipt by clerk, etc., of fees or moneys other than those specj. \

fied in act, a misdemeanor; punishment. \

It shall be unlawful for any clerk of any court or his authorized
deputy or assistant exercising jurisdiction in naturalization pro-
ceedings, or to demand, charge, collect, or receive any other or
additional fees or moneys in naturalization proceedings save the fees
and moneys herein specified ; and a violation of any of the provisions
of this section or any part thereof is hereby declared to be a mis- j

demeanor and shall be punished by imprisonment for not more than
two years, or by a fine of not more than one thousand dollars, or by
both such fine and imprisonment. (34 Stat. 602.)
See notes to section 8 of this act, ante, { 4351.

§ 4378. (Act June 29, 1906, c. 3592, § 22.) False certificatioii by
clerk, etc., of appearance, oath, acknowledgment, etc^ punish-
able.
The clerk of any court exercising jurisdiction in naturalization
proceedings, or any person acting under authority of this Act, \

who shall knowingly certify that a petitioner, affiant, or witness I

named in an affidavit, petition, or certificate of citizenship, or other
paper or writing required to be executed under the provisions of this
Act, personally appeared before him and was sworn thereto, or ac-
knowledged the execution thereof or signed the same, when in fact
such petitioner, affiant, or witness did not personally appear before
him, or was not sworn thereto, or did not execute the same, or did
not acknowledge the execution thereof, shall be punished by a fine
(178G)



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Tit 30) NATURALIZATION § 4381

not exceeding five thousand dollars, or by imprisonment not to exceed
five years. (34 Stat. 603.)

See notes to section 8 of this act, ante, { 4851.

§ 4379. (Act June 29, 1906, c. 3592, § 23.) Procuring naturaliza-
tion illegally punishable, and on conviction thereof, order ad-
mitting to citizenship to be adjudged void; aiding, etc., unau-
thoriz^ proceedings for naturaUzaticm, or procuring or giving
false testimony, etc., therein, punishable.
Any person who knowingly procures naturalization in violation
of the provisions of this Act shall be fined not more than five
thousand dollars, or shall be imprisoned not more than five years,
or both, and upon conviction the court in which such conviction
is had shall thereupon adjudge and declare the final order admit-
ting such person to citizenship void. Jurisdiction is hereby con-
ferred on the courts having jurisdiction of the trial of such offense
to make such adjudication. Any person who knowingly aids, ad-
vises, or encourages any person not entitled thereto to apply for
or to secure naturalization, or to file the preliminary papers de-
claring an intent to become a citizen of the United States, or who
in any naturalization proceeding knowingly procures or gfives false
testimony as to any material fact, or who knowingly makes an af-
fidavit false as to any material fact required to be proved in such
proceeding, shall be fined not more than five thousand dollars, or
imprisoned not more than five years, or both. (34 Stat. 603.)
See notes to section 8 of this act, ante, { 4351.

§ 4380. (Act June 29, 1906, c. 3592, § 24.) Limitation of prose-
cutions for crimes arising under provisions of act.
No person shall be prosecuted, tried, or punished for any crime
arising under the provisions of this Act unless the indictment is
found or the information is filed within five years next after the
commission of such crime. (34 Stat. 603.)
See notes to section 8 of this act, ante, { 4351.

§ 4381. (Act June 29, 1906, c. 3592, § 26.) Repeal.

Sections twenty-one hundred and sixty-five, twenty-one hundred
and sixty-seven, twenty-one hundred and sixty-eight, twenty-one
hundred and seventy-three, of the Revised Statutes of the United
States of America, and section thirty-nine of chapter one thousand
and twelve of the Statutes at Large of the United States of America
for the year nineteen hundred and three, and all Acts or parts of
Acts inconsistent with or repugnant to the provisions of this Act
are hereby repealed. (34 Stat. 603.)

See notes to section 8 of this act, ante, { 4351.

Act March 3, 1903, c 1012, { 39, 32 Stat. 1222, repealed by this section,
contained provisions similar to those of sections 7 and 23 of this act, ante, {{
43^3, 4379.

The then existing naturalization laws remained in full force and effect for
th^ purpose of the prosecution of offenses committed prior to the going into
effect of this act, by section 25 of this act, 34 Stat 603, which is omitted
as temporary merely.

(1787)



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g 4382 NATURALIZATION (Xlt, 30

§ 4382. (Act June 29, 1906, c. 3592, § 27.) Forms; dedantion ot
intention; petition ior naturalization; affidavit of witn<fc«;
certificate of naturalization; stub of certificate.
Substantially the following forms shall be used in the proceed-
ings to which they relate:

Declaration of Intention.
(Invalid for all purposes seven years after the date hereof.)

ss:




I, , aged years, occupation

on oath (affirm) that my personal description is: Color

plcxion , height , weight , color of hair

color of eyes , other visible distinctive marks ; I wa^ /^/Jy

in on the day of , anno Domini ; I now

reside at ; I emigrated to the United States of America from

on the vessel ; my last foreign residence was ..

It is my bona fide intention to renounce forever all allegiance and
fidelity to any foreign prince, potentate, state, or sovereignty, and

particularly to , of which I am now a citizen (subject) ; I arrived

at the (port) of , in the State (Territory or District) of

on or about the day of anno Domini ; I am not

an anarchist ; I am not a polygamist nor a believer in the practice of
polygamy ; and it is my intention in good faith to become a citizen of
the United States of America and to permanently reside therein. So
help me God.

(Original signature of declarant)

Subscribed and sworn to (affirmed) before me this day

of , anno Domini .



\h. S.]



(Official character of attestor.)

Petition for Naturalization,

Court of .

In the matter of the petition of to be admitted as a

citizen of the United States of America.
To the Court:

The petition of respectfidly shows:

First. My full name is .

Second. My place of residence is number street.

city of , State (Territory or District) of .

Third. My occupation is .

Fourth. I was born on the day of at .

Fifth. I emigrated to the United States from , on or about

the day of , anno Domini , and arrived at the port

of , in the United States, on the vessel .

Sixth. I declared my intention to become a citizen of the Uni\^^
States on the day of at , in the court ^

Seventh. I am — married. My wife's name is . Sh^

was born in and now resides at . I have childreij

(1788)



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Tit 30) NATURALIZATION § 4382

and the name, date, and place of birth and place of residence of each
of said children is as follows: : • — :



Eighth. I am not a disbeliever in or opposed to organized govern-
ment or a member of or affiliated with any organization or body of
persons teaching disbelief in organized government. I am not a
polygamist nor a believer in the practice of polygamy. I am attached
to the principles of the Constitution of the United States, and it is my
intention to become a citizen of the United States and to renounce
absolutely and forever all allegiance and fidelity to any foreign prince,

potentate, state, or sovereignty, and particularly to , of which

at this time I am a citizen (or subject), and it is my intention to reside
permanently in the United States.

Ninth. I am able to speak the English language.

Tenth. I have resided continuously in the United States of America
for a term of five years at least immediately preceding the date of this

petition, to wit, since , anno Domini , and in the State

(Territory or District) of for one year at least next preceding

the date of this petition, to wit, since day of , anno

Domini .

Eleventh. I have not heretofore made petition for citizenship to any

court. (I made petition for citizenship to the court of

at , and the said petition was denied by the said court for the

following reasons and causes, to wit, , and the cause of

such denial has since been cured or removed.)

Attached hereto and made a part of this petition are my declaration
of intention to become a citizen of the United States and the certificate
from the Department of [Commerce and] Labor required by law.
Wherefore your petitioner prays that he may be admitted a citizen of
the United States of America.

Dated .

(Signature of petitioner) .

, ss:

-, being duly sworn, deposes and says that he is the



petitioner in the above-entitled proceeding; that he has read the fore-
going petition and knows the contents thereof; that the same is true
of his own knowledge, except as to matters therein stated to be alleged
upon information and belief, and that as to those matters he believes'
it to be true.

Subscribed and sworn to before me this day of , anno

Domini .



[L. S.]



Clerk of the Court.

Affidavit of Witnesses.
Court of



In the matter of the petition of to be admitted a citizen

of the United States of America.

, ss:

, occupation , residing at , and

, occupation , residing at , each being severally,

(1789)



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I



.t,



§ 4388 NATURALIZATION O^tt.B0

duly, and respectively sworn, deposes and says that he is a dtiscen oi

the United States of America; that he has personally known

, the petitioner above mentioned, to be a resident of the X-Tnilcd

States for a period of at least five years continuously immediately pre-
ceding the date of filing his petition, and of the State (Territory oi
District) in which the above-entitled application is made for a p^rio^

of years immediately preceding the date of filing his pe*ti^io«i*»

and that he has personal knowledge that the said petitioner is a i>«irson
of good moral character, attached to the principles of the Consti^iatioa
of the United States, and that he is in every way qualified, in his opior
ion, to be admitted as a citizen of the Umted States.



Subscribed and sworn to before me this day of ^ oi«*^

teen hundred and .



[L.S.]



Number-



(Official character of attestc::>^'^ ^
Certificate of Naturalization.



Petition, volume , page

Stub, volume , page



(Signature of holder)



Description of holder : Age, ; height, ; color, .^^ .

complexion, ; color of eyes, ; color of hair, ; visi-
ble distinguishing marks, . Name, age, and place of residence



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 79 of 150)