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. Š. 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.)

99

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 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

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat, 1172; 8 U. S. C. 904), effective January 13, 1941.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

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.

O 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. Š. C. 324.) '

NATURALIZATION FEES AND THEIR DISPOSITION

SEC. 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.

For 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.

p.

19 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, 1908. 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.

gration and Naturalization Service " within thirty days from the close of each quarter in each fiscal year and the moneys so received shall be disposed of in the same manner as provided in section 13 of such Act of June 29, 1906, as amended. (45 Stat. 1515; 8 U. S. C. 402 (a).) 15

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 discharge 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 petitioner: Provided, That the clerks of courts exercising jurisdiction in naturalization proceedings shall be permitted to retain one-half of the fees in any fiscal year up to the sum of three thousand dollars, and that all fees received by such clerks in naturalization proceedings in excess of such amount shall be accounted for and paid over to said Service 16 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 performing the duties imposed by this Act upon the clerks of courts from fees received by such clerks in naturalization proceedings. (34 Stat. 600; 8 U. S. C. 402.)

CLERICAL ASSISTANCE

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 Attorney General 2 may allow salaries, for naturalization purposes only, to pay for clerical assistance, to be selected 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 Attorney General 92 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 assistants exceed the one-half of the gross receipts of the office of said clerk from naturalization fees during such fiscal year: Provided further, That when, at the close of any fiscal year, the business of such clerk of court indicates in the opinion of the Attorney General, that the naturalization fees for the succeeding fiscal year will exceed six thousand dollars the Attorney General 92 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 Attorney General 22 that the fees for the then

92

For footnote 2 see p. 481.

92

Between July 1, 1929, when this paragraph became a part of sec. 13. Act of June 29, 1906, and June 10, 1933, the words "Immigration and Naturalization Service" read "Bureau of Naturalization." For discussion of consolidation of Bureaus of Immigration and Naturalization of the Department of Labor, see footnote 25, p. 462.

15 Sec. 7 (b), Act of March 2, 1929, effecive July 1, 1929, p. 536.

10 The word "Service" originally read "Bureau" in sec. 13, Act of June 29, 1906. See footnote 25, p. 462.

current fiscal year will not be sufficient to allow the additional clerical assistance authorized by this Act. (36 Stat. 830; 8 U. S. C. 402.) 17

That payment for the additional clerical assistance herein authorized shall be in the manner and under such regulations as the Attorney General 2 may prescribe. (36 Stat. 830; 8 U. S. C. 402.) * Provided, That the whole amount allowed for a fiscal year to the clerk of a court and his assistants from naturalization fees and this appropriation or any similar appropriation made hereafter shall be based upon and not to exceed the one-half of the gross receipts of said clerk from naturalization fees during the fiscal year immediately preceding unless the naturalization business of the clerk of any court during the year shall be in excess of the naturalization business of the preceding year, in which event the amount allowed may be increased to an amount equal to onehalf the estimated gross receipts of the said clerk from naturalization fees during the current fiscal year: (40 Stat. 171;

8 U. S. C. 402.) 18

BINDING AND INDEXING DECLARATIONS AND PETITIONS-CHRONOLOGICAL ORDER-NUMBERING CERTIFICATES

SEC. 14.19 That the declarations of intention and the petitions for naturalization 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; 8 U. S. C. 404.)

CANCELATION OF CERTIFICATES OF CITIZENSHIP-GROUNDS AND PROCEDURE

SEO. 15. That it shall be the duty of the United States district attorneys for the respective districts or the Commissioner or Deputy Commissioner of Immigration and Naturalization upon affidavit showing good cause therefor, 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 procured.20 In any such

For footnote " see p. 481.

17 Sec. 1, Act of June 25, 1910. The last sentence of this section originally read as follows in the Act of June 29, 1906 (34 Stat. 600-601): "And in case the clerk of any court collects fees in excess of the sum of six thousand dollars in any one year, the Secretary of Commerce and Labor may allow to such clerk from the money which the United States shall receive additional compensation for the employment of additional clerical assistance, but for no other purpose, if in the opinion of the said Secretary the business of such clerk warrants such allowance."

18 Sec. 1, Act of June 12, 1917, p. 509, carrying into effect sec. 13, Act of June 29, 1906 (34 Stat. 600). supplemented but did not amend Act of June 29, 1906.

19 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), effective January 13, 1941, but see sec. 337 (f) thereof, p. 386, for provisions on the same subject.

20 The first sentence of this section originally read as follows in the Act of June 29, 1906 (34 Stat. 601): "That it shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor 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_procured." Sec. 1, Act of May 9, 1918 (40 Stat. 544; 8 U. S. C. 405). repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173), provided that the duties of the United States attorneys performed under sec. 15, Act of June 29, 1906, may also be