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month in which such petition was filed, and to forward to the Commissioner certified copies of such other proceedings and orders instituted in or issued out of said court affecting or relating to the naturalization of persons as may be required from time to time by the Commissioner. (54 Stat. 1158; 8 U. S. C. 737.)

ISSUANCE OF CERTIFICATES OF NATURALIZATION AND DISPOSITION OF

DUPLICATES AND STUBS THEREOF (c) It shall be the duty of the clerk of each and every naturalization court to issue to any person admitted by such court to citizenship a certificate of naturalization and to forward to the Commissioner within thirty days after the close of the month in which such certificate was issued, a duplicate thereof, and to make and keep on file in the clerk's office a stub for each certificate so issued, whereon shall be entered a memorandum of all the essential facts set forth in such certificate, and to forward a duplicate of each such stub to the Commissioner within thirty days after the close of the month in which such certificate was issued. (54 Stat. 1158; 8 U.S. C. 737.)

REPORT OF DENIED PETITIONS FOR NATURALIZATION (d) It shall be the duty of the clerk of each and every naturalization court to report to the Commissioner, within thirty days after the close of the month in which the final hearing and decision of the court was had, the name and number of the petition of each and every person who shall be denied naturalization together with the cause of such denial. (54 Stat. 1158; 8 U. S. C. 737.) RESPONSIBILITY FOR BLANK CERTIFICATES OF NATURALIZATION:

ACCOUNTING FOR CERTIFICATES (e) Clerks of courts shall be responsible for all blank certificates of naturalization received by them from time to time from the Commissioner, and shall account to the Commissioner for them whenever required to do so. No certificate of naturalization received by any clerk of court which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificate shall be returned to the Commissioner. (54 Stat. 1158; 8 U.S. C. 737.)

FILING, INDEXING, AND NUMBERING OF DECLARATION OF INTENTION AND

PETITIONS FOR NATURALIZATION (f) It shall be the duty of the clerk of each and every naturalization court to cause to be filed in chronological order in separate volumes, indexed, consecutively numbered, and made a part of the records of such court, all declarations of intention and petitions for naturalization. (54 Stat. 1158; 8 U.S. C. 737.)

REVOCATION OF NATURALIZATION SUITS BY UNITED STATES DISTRICT ATTORNEYS TO INSTITUTE JUDICIAL

PROCEEDINGS TO REVOKE NATURALIZATION FOR FRAUD OR ILLEGALITY

SEC. 338. (a) It shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to instituto proceedings in any court specified in subsection (a) of section 301 in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground of fraud or on the ground that such order and certificate of naturalization were illegally procured. (54 Stat. 1158–1159; 8 U. S. C. 738.)

SIXTY DAYS' PERSONAL NOTICE TO THE NATURALIZED PERSON TO MAKE

ANSWER; NOTICE BY PUBLICATION (b) The party to whom was granted the naturalization alleged to have been fraudulently or illegally procured shall, in any such proceedings under subsection (a) of this section, have sixty days' personal notice in which to make answer to the petition of the United States; and if such naturalized person be absent from the United States or from the judicial district in which such person last had his residence, 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. (54 Stat. 1159; 8 U.S. C. 738.)

PRESUMPTION OF FRAUD IN OBTAINING NATURALIZATION THROUGH TAKING

UP PERMANENT RESIDENCE ABROAD WITHIN FIVE YEARS AFTER NATURALIZATION: REPORTS FROM DIPLOMATIC AND CONSULAR OFFICERS IN SPECIAL CASES

(c) If a person who shall have been naturalized shall, within five years after such naturalization, return to the country of such person's 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 person to become a permanent citizen of the United States at the time of filing such person's petition for naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancelation of the certificate of naturalization as having been obtained through fraud. The diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those persons within their respective jurisdictions who have been so naturalized 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 proceedings to revoke and set aside the order admitting to citizenship and to cancel the certificate of naturalization. (54 Stat. 1159;

( 8 U.S. C. 738.)

REVOCATION INEFFECTIVE FROM AND AFTER JANUARY 13, 1941, IN RELATION

TO WIFE OR MINOR CHILD, EXCEPT IN CASES OF ACTUAL FRAUD (d) The revocation and setting aside of the order admitting any person to citizenship and canceling his certificate of naturalization under the provisions of subsection (a) of section 338 shall not, where such action takes place after the effective date of this Act, result in the loss of citizenship or any right or privilege of citizenship which would have been derived by or available to a wife or minor child of the naturalized person had such natural. ization not been revoked, but the citizenship and any such right or privilege of such wife or minor child shall be deemed valid to the extent that it shall not be affected by such revocation: Provided, That this subsection shall not apply in any case where the revocation and setting aside of the order was the result of actual fraud. (54 Stat. 1159; 8 U.S. C. 738.)

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NATURALIZATION TO BE JUDICIALLY DECLARED VOID UPON CONVICTION OF

KNOWINGLY PROCURING NATURALIZATION IN VIOLATION OF LAW (e) When a person shall be convicted under this Act of knowingly procuring naturalization in violation of law, the court in which such conviction is had shall thereupon revoke, set aside, and declare void the final order admitting such person to citizenship, and shall declare the certificate of naturalization of such person to be canceled. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. (54 Stat. 1159; 8 U. S. C. 738.) PROCEDURE WHERE NATURALIZATION REVOKED; DUTY OF NATURALIZED

PERSON TO SURRENDER CERTIFICATE TO THE COMMISSIONER (f) Whenever an order admitting an alien to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or both, as provided in this section, the court in which such judgment or decree is rendered shall make an order canceling such certificate and shall send a certified copy of such order to the Commissioner; in case such certificate was not originally is. sued by the court making such order, it shall direct the clerk of the naturalization court in which the order is revoked and set aside to transmit a copy of such order and judgment to the court out of which such certificate of naturalization shall have been originally issued. 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 cancel such original certificate of naturalization, if there be any, upon the records and to notify the Commissioner of the entry of such order and of such cancelation. A person holding a certificate of naturalization or citizenship which has been canceled as provided by this section shall upon notice by the court by which the decree of cancelation was made, or by the Commissioner surrender the same to the Commissioner. (54 Stat. 1159–1160; 8 U. S. C. 738.)

SECTION RETROACTIVE AS TO PREVIOUSLY GRANTED CERTIFICATES (g) The provisions of this section shall apply not only to any naturalization granted and to certificates of naturalization and citizenship issued under the provisions of this Act, but to any naturalization heretofore granted by any court, and to all certificates of naturalization and citizenship which may have been issued heretofore by any court or by the Commissioner based upon naturalization granted by any court. (54 Stat. 1160; 8 U. S. C. 738.)

CERTIFICATES OP DERIVATIVE CITIZENSHIP: PROCEDURE Sec. 339. A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of section 201 (c), (d), (e) and (g) of the Nationality Act of 1940 (54 Stat. 1138; U.S. C., titló 8, sec. 601), may apply to the Commissioner for å certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen, and that the applicant's alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this Act of a petitioner for naturalization, such individual shall be furnished by the Commissioner or a deputy commissioner with a certificate of citizenship, but only if such individual is at the time within the United States.

(54 Stat. 1160, Public Law 221, 78th Congress; Chapter 2, 2d Session; 8 U. S. C. 739.) REVOCATION OF CERTIFICATES ISSUED BY THE COMMISSIONER OR A DEPUTY

COMMISSIONER: ACTION NOT TO AFFECT CITIZENSHIP STATUS Seo. 340. The Commissioner is authorized to cancel any certificate of citizenship or any copy of a declaration of intention or certificate of naturalization heretofore or hereafter issued by the Commissioner or a Deputy Commissioner if it shall appear to the Commissioner's satisfaction that such document was illegally or fraudulently obtained from the Commissioner or a Deputy Commissioner; but the person to whom such document has been issued, shall be given at such person's last known place of address, written notice of the intention to cancel such document with the reasons therefor and shall be given at least sixty days in which to show cause why such document should not be canceled. The cancelation of any such document shall affect only the document and not the citizenship status of the person in whose name the document was issued. "(54 Stat. 1160; 8 U. S. C. 740.)

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11 Prior to its amendment by the Act of Jan. 20. 1944, & 889 read:

SEC. 339. A person who claims to have derlved United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a spouse may apply to the Commissioner for a certificate of citizenship. Upon proof to the satisfac

tion of the Commissioner that the applicant is a citizen, and that tbe applicant's • alleged citizenship was derived as claimed, and upon taking and subscribing before a

meinber of the service within the United States to the oath of allegiance required by this Act of a petitioner for naturalization, such individual shall be furnished by the Commissioner or a Deputy Commissioner with a certificate of citizenship, but only if such individual is at the time within the United States. (54 Stat. 1160; 8 U.S. C. 739.)

DOCUMENTS AND COPIES ISSUED BY THE COMMISSIONER OR A DEPUTY

COMMISSIONER CERTIFICATE OF NATURALIZATION TO VETERAN OF FIRST OR SECOND

WORLD WAR SEC. 341. (a) A person who claims to have been naturalized in the United States under section 323 of this Act may make application to the Commissioner for a certificate of naturalization. Upon proof to the satisfaction of the Commissioner or a Deputy Commissioner that the applicant is a citizen and that he has been naturalized as claimed in the application, such individual shall be furnished a certificate of naturalization by the Commissioner or a Deputy Commissioner, but only if the applicant is at the time within the United States.' (54 Stat. 1160; 8 U. S. C. 741.) ISSUANCE OF NEW DECLARATIONS AND CERTIFICATES IN LIEU OF THOSE LOST, MUTILATED, OR DESTROYED; SURRENDER OF DEFECTIVE DOCUMENTS

(b) If any certificate of naturalization or citizenship issued to any citizen, or any declaration of intention furnished to any declarant, is lost, mutilated, or destroyed, the citizen or declarant may make application to the Commissioner for a new certificate or declaration. If the Commissioner or a Deputy Commissioner finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration. If the certificate or declaration has been mutilated, it shall be surrendered to the Commissioner or a Deputy Commissioner before the applicant may receive such new certificate or declaration. If the certificate or declaration has been lost, the applicant or any other person who may come into possesson of it is hereby required to surrender it to the Commissioner or a Deputy Commissioner. (54 Stat. 1161; 8 U.S. C. 741.)

SPECIAL CERTIFICATES OF NATURALIZATION TO OBTAIN RECOGNITION AS A

CITIZEN BY A FOREIGN STATE (c) The Commissioner or a Deputy Commissioner shall issue for any naturalized citizen, on such citizen's application therefor, a special certificate of naturalization for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by a foreign state. Such certificate when issued shall be furnished to the Secretary of State for transmission to the proper authority in such foreign state. (54 Stat. 1161; 8 U. S. C. 741.)

CERTIFICATE IN NAME CHANGED BY ORDER OF COURT OR MARRIAGE

(d) If the name of any naturalized citzen has, subsequent to naturalization, been changed by order of any court of competent jurisdiction, or by marriage, the citizen may make application for a new certificate of naturalization in the new name of such citizen. If the Commissioner or a Deputy Commissoner finds the name of the applicant to have been changed as claimed, the Commissioner or a Deputy Commissioner shall issue to the applicant a new certificate and shall notify the naturalization court of such action. (54 Stat. 1161; 8 U. S. C. 741.)

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