Lapas attēli
PDF
ePub

(b) The findings of any such designated examiner or officer upon any such preliminary hearing shall be submitted to the court at the final hearing upon the petition required by section 9, with a recommendation that the petition be granted or denied or continued, with the reasons therefor. Such findings and recommendations shall be accompanied by duplicate lists containing the names of the petitioners, classified according to the character of the recommendations, and signed by the designated examiner or officer. The judge to whom such findings and recommendations are submitted shall by written order approve such recommendations with such exceptions as he may deem proper, by subscribing his name to each such list when corrected to conform to his conclusions upon such recommendations. One of such lists shall thereafter be filed permanently of record in such court and the duplicate list shall be sent by the clerk of such court to the Commissioner of Immigration and Naturalization."

(c) The provisions of section 9 requiring the examination of the petitioner and witnesses under oath before the court and in the presence of the court shall not apply in any case where a designated examiner or officer has conducted the preliminary hearing authorized by this subdivision; except that the court may, in its discretion, and shall, upon demand of the petitioner, require the examination of the petitioner and the witnesses under oath before the court and in the presence of the court. (44 Stat. 709-710; 8 U. S. C. 399a.)

WITNESSES SUBPOENA FOR-SUBSTITUTION OF

SEC. 5. The clerk of the court shall, if the petitioner requests it at the time of filing the petition for citizenship, issue a subpoena for the witnesses named by such petitioner to appear upon the day set for the final hearing, but in case such witnesses cannot be produced upon the final hearing other witnesses may be summoned upon notice to the Immigration and Naturalization Service in such manner and at such time as the Commissioner of Immigratition and Naturalization, with the approval of the Attorney General, may by regulation prescribe. (46 Stat. 1511; 8 U. S. Č. 397.) 93

92

TIME FOR FILING AND HEARING PETITIONS-ELECTIONS CHANGE OF PETITIONER'S NAME

SEO. 6. That petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated

See footnote 69, p. 476.
See footnote 61, p. 474.
See footnote 53, p. 470.

Sec. 1, Act of March 3, 1931, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 904), but for provisions upon the same subject see sec, 309 (d) of the latter Act, p. 364.

Prior to its amendment by the Act of March 8, 1931, this section read as follows in the Act of June 29, 1906 (84 Stat. 598):

"SEC. 5. That the clerk of the court shall, immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading, the name, nativity, and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his petition, and the names of the witnesses whom the applicant expects to summon in his behalf; and the clerk shall if the applicant requests it, issue a subpoena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other witnesses may be summoned."

days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing of such petition (46 Stat. 1511; 8 U. S. C. 396): Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith. (46 Stat. 1511; 8 U. S. C. 396.) 95

ANARCHISTS AND POLYGAMISTS INELIGIBLE TO NATURALIZATION OR

96

CITIZENSHIP

SEC. 7. That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other organized government, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. (34 Stat. 598-599; 8 U. S. C. 364.)

ALIENS UNABLE TO SPEAK ENGLISH INELIGIBLE TO NATURALIZATION OR CITIZENSHIP; EXCEPTIONS

SEC. 8.97 That no alien shall hereafter be naturalized or admitted as a citizen of the United States who cannot speak the English language: Provided, That this requirement shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States: And provided further, That the requirements of this section shall not apply to any alien who has prior to the passage of this Act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration : Provided further, That the requirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and

The provision was waived in the case of certain petitions. For examples, see the seventh subdivision of sec. 4, Act of June 29, 1906 as amended. See p. 472.

Sec. 2, Act of March 3, 1931, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941, but see sec. 332 (d) at p. 382 for provisions on same subject in that Act. This section, prior to its amendment, originally read as follows in the Act of June 29, 1906 (34 Stat. 598):

"SEC. 6. That petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least, ninety days have elapsed after filing and posting the notice of such petition: Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith."

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See secs. 305 and 346 of that Act, pp. 359 and 394. See Act of March 3, 1903, p. 461, for law on this subject prior to June 30, 1906.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941, but see sec. 304 of that Act at p. 359 for provisions on the same subject.

who shall make homestead entries upon the public lands of the United States and comply in all respects with the laws providing for homestead entries on such lands. (34 Stat. 599; 8 U. S. C. 365.)

FINAL HEARINGS IN OPEN COURT-FINAL ORDERS—EXAMINATION OF APPLICANT AND WITNESSES

SEC. 9. That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court." (34 Stat. 599; 8 U. S. C. 898.)

SEC. 10. That in case the petitioner has not resided in the State, Territory, or district for a period of five years continuously and immediately preceding the filing of his petition he may establish by two witnesses, both in his petition and at the hearing, the time of his residence within the State, provided that it has been for more than one year, and the remaining portion of his five years' residence within the United States required by law to be established may be proved by the depositions of two or more witnesses who are citizens of the United States, upon notice to the Immigration and Naturalization Service 2 and the United States attorney for the district in which said witnesses may reside. (34 Stat. 599; 8 U. S. C. 383.)

APPEARANCE BY UNITED STATES IN NATURALIZATION PROCEEDINGS

SEC. 11. That the United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of his petition concerning any matter touching or in any way affecting his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. (34 Stat. 599; 8 U. S. C. 399.)

DUTIES OF CLERKS OF COURTS AS TO RECORDS-DUPLICATES OF NATURALIZATION PAPERS-RESPONSIBILITY FOR BLANK CERTIFICATES OF CITIZEN

SHIP-PENALTIES

SEC. 12. That it is hereby made the duty of the clerk of each and every court exercising jurisdiction in naturalization matters under

25 Repealed by sec. 504, Nationality Act of 1940 (54 Stat, 1172; 8 U. S. C. 904), effective January 13, 1941.

The provisions of this section requiring the examination of the petitioner and witnesses under oath and in the presence of the court in general did not apply in any case where a designated naturalization examiner or officer conducted the preliminary hearing under the fourteenth subdivision of sec. 4, Act of June 29, 1906 (44 Stat. 709710), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941.

This section was amended by the Act of May 9, 1918, to allow the duties performed by the United States attorney to be performed by the Commissioner or Deputy Commissioner of Immigration and Naturalization. It was repealed by sec. 6 (e), Act of March 2, 1929 (45 Stat. 1514) which see at p. 536, but provision for taking depositions was made in sec. 6 (b) of that Act, which see at p. 533. Also see sec. 309 (b) at p. 363 of the Nationality Act of 1940. (54 Stat. 1143; 8 U. S. C. 709.)

See footnote 61, p. 474.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941, but see sec. 334 (d) thereof at p. 384 for similar provision.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C, 904). effective January 13, 1941, but see secs. 337 (e) at p. 386 and 346 (k) thereof at p. 402 for provisions on the same subject.

[ocr errors]

the provisions of this Act to keep and file a duplicate of each declaration of intention made before him and to send to the Immigration and Naturalization Service at Washington, within thirty days after the issuance of a certificate of citizenship, a duplicate of such certificate, and to make and keep on file in his office a stub for each certificate so issued by him, whereon shall be entered a memorandum of all the essential facts set forth in such certificate. It shall also be the duty of the clerk of each of said courts to report to the said Service [Bureau], within thirty days after the final hearing and decision of the court, the name of each and every alien who shall be denied naturalization, and to furnish to said Service [Bureau] duplicates of all petitions within thirty days after the filing of the same, and certified copies of such other proceedings and orders instituted in or issued out of said court affecting or relating to the naturalization of aliens as may be required from time to time by the said Service [Bureau].

In case any such clerk or officer acting under his direction shall refuse or neglect to comply with any of the foregoing provisions he shall forfeit and pay to the United States the sum of twenty-five. dollars in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk.

Clerks of courts having and exercising jurisdiction in naturalization matters shall be responsible for all blank certificates of citizenship received by them from time to time from the Immigration and Naturalization Service, and shall account for the same to the said Service [Bureau] whenever required so to do by such Service [Bureau]. No certificate of citizenship received by any such clerk 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 said Service [Bureau]; and in case any such clerk shall fail to return or properly account for any certificate furnished by the said Service [Bureau], as herein provided, he shall be liable to the United States in the sum of fifty dollars, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. (34 Stat. 599-600; 8 U. S. C. 400-401.)

OFFICIAL MAIL FROM CLERKS OF COURTS FREE OF POSTAGE

That all mail matter, of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Immigration and Naturalization Service by clerks of State or Federal courts, addressed to the Department of Justice, or the Immigration and Naturalization Service," or to any official thereof, and endorsed "Official Business," shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided further, That if any person shall make use of such indorsement to avoid payment of postage or registry fee on his or her private letter, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and

See footnote 61, p. 474.
See footnote 49, p. 468.

subject to a fine of $300, to be prosecuted in any court of competent jurisdiction. (40 Stat. 876; 39 U. S. C. 824.) '

NATURALIZATION FEES AND THEIR DISPOSITION

SEO. 18. That the clerk of each and every court exercising jurisdiction in naturalization cases shall charge, collect, and account for the following fees in each proceeding (34 Stat. 600; 8 U. S. C. 402):

(1) For receiving and filing a declaration of intention and the issuing of a duplicate thereof, $2.50 (48 Stat. 597; 8 U. S. C. 402);'

(2) For making, filing, and docketing a petition for citizenship and issuing a certificate of citizenship if the issuance of such certificate is authorized by the court, and for the final hearing on the petition, $5. (48 Stat. 597; 8 U. S. C. 402.) 10

The clerk of any court collecting such fees is hereby authorized to retain one-half of the fees collected by him in such naturalization proceedings; 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 Immigration and Naturalization Service," and paid over to such Service [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 Justice, who shall thereupon deposit them in the Treasury of the United States, rendering an account therefor quarterly to the [General Accounting Office], and the said disbursing clerk shall be held responsible under his bond for said fees so received. (34 Stat. 600; 8 U. S. C. 402.)

Notwithstanding the provisions of section 9 of the Act entitled "An Act to fix the salaries of the clerks of the United States district courts and to provide for their office expenses, and for other purposes," approved February 26, 1919, as amended, all fees received by the clerks of court to which such section applies for services rendered in naturalization proceedings shall be paid over to the Immi

Sec. 1, Act of October 6, 1917, repealed by sec, 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 18, 1941, but see sec. 343 at p. 393 of that Act for provisions on the same subject. provisions of the seventh subdivision of sec. 4, Act of June 29, 1906, as amended, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172: 8 U. S. C. 904), relative to naturalization fees when the United States is at war, see p. 476.

The fee for receiving and filing a declaration of intention and the issuance of a duplicate thereof was originally $1. It was increased to $5 by sec. 7 (a), Act of March 2, 1929 (45 Stat. 1514-1515; 8 U. S. C. 402), effective July 1, 1929. It was subsequently reduced to $2.50 by sec. 1, Act of April 19, 1984 (48 Stat. 597; 8 U. S. C. 402). Sec. 342 (a) (1), p. 391, Nationality Act of 1940 (54 Stat. 1161; 8 U. S. C. 742 (a)), effective January 13, 1941, made no change in fee.

10 Sec. 7, Act of March 2. 1929, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). This paragraph originally read as follows in the Act of June 29, 1906 (34 Stat. 600): "For making, filing, and docketing the petition of an alien for admission as a citizen of the United States and for the final hearing thereon, two dollars; and for entering the final order and the issuance of the certificate of citizenship thereunder, if granted, two dollars." This paragraph was subsequently amended by sec. 7 (a), Act of March 2, 1929 (45 Stat. 1514-1515; 8 U. S. C. 402), effective July 1, 1929, to read as follows: (2) For making, filing and docketing a petition for citizenship, and issuing a certificate of citizenship if the issuance of such certificate is authorized by the court, and for the final hearing on the petition, $10." For provisions of sec. 342 (a) (2), Nationality Act of 1940 (54 Stat. 1161; 8 U. S. C. 742 (a)) which substantially re-enacted sec. 1, Act of April 19, 1934, see p. 891. See footnote 61, p. 474.

12 See footnote 49, p. 468.

The words "General Accounting Office" originally read "Auditor for the State and other Departments" in sec. 13, Act of June 29, 1906. The General Accounting Office was created by sec. 301, Act of June 10, 1921 (42 Stat. 23; 31 U. S. C. 41), p. 523, which supplements but does not amend the Act of June 29, 1906.

« iepriekšējāTurpināt »