Lapas attēli
PDF
ePub

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 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.

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 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 proceeding to authorize the cancelation 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 Department of State, furnish the Department of Justice with the names of 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 proceedings to cancel certificates of citizenship. (34 Stat. 601; 8 U.S. C. 405.)

Whenever any certificate of citizenship shall be set aside or canceled, 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 Immigration and Naturalization Service; 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 judgment 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 cancel such original certificate of citizenship upon the records and to notify the Immigration and Naturalization Service 21 of such cancelation.

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.*2 (34 Stat. 601; 8 U. S. C. 405.)

performed by the Commissioner or Deputy Commissioner of Naturalization. Executive Order 6166 June 10. 1933, sec. 14 (5 U. 8. C. following ch. 1) consolidated the Bureaus of Immigration and Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service, at the head of which was placed a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner General of Immigration and Commisstoper of Naturalization to the Commissioner of Immigration and Naturalization. II See footnote 61, p. 474.

This section was repealed by sec. 604, Nationality Act of 1940 (64 Stat. 1172: 8 U.S. C. 904), effective January 13, 1941, but see sec. 338 (1), p. 383, of that Act for provisions on the same gubject.

PUNISHMENT FOR ISSUING FALSE CERTIFICATES
SEO. 16.23 [Repealed by Act of March 4, 1909, 35 Stat. 1159.]

PUNISHMENT FOR ENGRAVING, PRINTING, SELLING, ETC. CERTIFICATES Sec. 17.“ (Repealed by Act of March 4, 1909, 35 Stat. 1159.]

ISSUANCE OF CERTIFICATES OF CITIZENSHIP CONTRARY TO PROVISIONS OF THIS ACT, EXCEPT UPON FINAL ORDER UNDER HAND OF COURT; PENALTY

SEO. 18.2That it is hereby made a felony for any clerk or other person to issue 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 upon conviction thereof such clerk or other person shall be punished by imprisonment for not more than five years and by a fine of not more than five thousand dollars, in the discretion of the court. (34 Stat. 602; 8 U.S. C. 410.)

PUNISHMENT FOR UNLAWFUL POSSESSION OF BLANK CERTIFICATES SBO. 19.26 [Repealed by Act of March 4, 1909, 35 Stat. 1159.]

KUBEZZLEMENT BY CLERK OR OTHER OFFICER OF COURT; PENALTY SÞo. 20.That any clerk or other officer of a court having power under this Act to naturalize aliens, who willfully neglects to render true accounts of moneys received by him for naturalization proceedings or who willfully neglects to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made and refused, shall be deemed guilty of embezzlement of the public moneys, and shall be 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; 8 U. 8. C. 411.)

» This section prior to its repeal read as follows (34 Stat. 602) :

"That every person who falsely makes, forges, counterfeits, or causes or procures to be falsely made, forged, or counterfeited, or knowingly aids or assists in falsely making, forging, or counterfelting any certidcate of citizenship, with intent to use the saine, or with the intent that the same may be used by some other person or persons, sball be gullty of a felony, and a person convicted of such okense shall be punisbed by impris onment for not more

than ten years, or by a doe of not more than ten thousand dollars, or by both sucb One and imprisonment.'

* This section prior to its repeal read as follows (84 Stat. 602):

"That every person who engraves or causes or procures to be engraved, or assists in engraving, any plate in the likeness of any plate designed for the printing of a cer ticate of citizenship, or who sells any such plate, or who brings into tbe United States from any foreign place any such plate, except under the direction of the Secretary of Commerce and Labor, or other proper omcer, and any person wbo has in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use such plate or suffer the same to be used in forging or counterfeiting any such certificate or any part thereof; and every person wbo "prints, photographs, or in any other mapper causes to be printed, photographed, made, or executed, any print or Impression in the like pess of any such certificate, or any part thereot, or who sells any such certificate, or brings the same into the United States from any foreign place, except by direction of some proper oficer of the United States, or who has in bis possession a distinctive paper which has been adopted by the proper oficer of the United States for the printing of such certificate, with intent to unlawfully use the same, shall be punished by a ine of not more than ten thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such One and imprisonment."

28 Repealed by sec. 504, Nationality Act of 1940 184 $tat. 1172: 8 U. 8. C. 004), effective January 13, 1941. See sec. 846, p. 394, of that Act for Penal Provisions.

* This section prior to its reveal read as follows: "That every person who without lawful excuse is possessed of any blank certificate of citizenship provided by the Bureau of Immigration and Naturalization, with intent unlawfully to use the same, shall be imprisoned at hard labor not more than five years or be fined not more than one thousand dollars."

* Repealed by sec. 304, Nationality Act of 1940 (84 Stat. 1172; 8 U. &. C. 004), efective January 18, 1941. See sec. 348, D. 894, of that Act for Penal Provisions,

CHARGING OR RECEIVING OF EXCESSIVE NATURALIZATION FEES BY CLERKS

OF COURT; PENALTY Sec. 21.27 That it shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturalization proceedings, 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 misdemeanor 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; 8 U.S. C. 412.)

FALSE CERTIFICATE BY CLERK OF COURT; PENALTY SEC. 22.2? That 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 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 acknowledged the execution thereof or signed the same, when in fact such petitioner, affiant, or witness did not personally appear before hím, or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not to exceed five years. (34 Stat. 603; 8 U.S.C. 413.)

PROCURING OR AIDING IN PROCURING NATURALIZATION IN VIOLATION OF

LAW; PENALTY; FINAL ORDER OF CITIZENSHIP TO BE DECLARED VOID SEC. 23.21 That 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 admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such öffense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit 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; 8 U.S. C. 414.)

STATUTE OF LIMITATIONS UNDER THIS ACT (JUNE 29, 1906] Sec. 24.29 That no person shall be prosecuted, tried, or punished for any crime arising under the provisions of this Act [of June 29, 1906) unless the indictment is found or the information is filed within five years next after the commission of such crime. (34 Stat. 603; 8 U.S. C. 415.)

For footnote 3? see p. 489.

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), effective January 13, 1941. See sec. 346 (g), p. 402, for Statute of Limitations under that Act.

SAVING PROVISION AS TO PENAL LAWS SEC. 25.20 That for purpose of prosecution of all crimes and offenses against the naturalization Iaws of the United States which may have been committed prior to the date when this Act [of June 29, 1906) shall go into effect, the existing naturalization laws shall remain in full force and effect. (34 Stat. 603; 8 U. S. C. 416.)

REPEALING PROVISIONS SEO. 26. That sections twenty-one hundred and sixty-five, so twenty-one hundred and sixty-seven," twenty-one hundred and sixty-eight;otwenty-one hundred and seventy-three,ez

, 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, 38 and all Acts or parts of Acts inconsistent with or repugnant to the provisions of this Act are hereby repealed. (34 Stat. 603).

NATURALIZATION FORMS SEO. 27. That substantially the following forms shall be used in the proceedings to which they relate:

DECLARATION OF INTENTION (Invalid for all purposes seven years after the date hereof.)

SS:

---, aged

------,

--, weight

I,

--, years, occupation ------, do declare on oath (or affirm) that my personal description is: Color complexion -- height

color of hair ---, color of eyes -, other visible distinctive marks

-----I was born in ---- on the ------ day of -- --, anno Domini

-;I now reside at --- ; I emigrated to the United States of America from .-----, on vessel

on vessel ------; my last foreign residence

I will before being admitted to citizenship renounce forever all allegience and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state or sovereignty of which I may be at the time of admission a citizen or subject;3 I arrived at the (port) of --------, in

was

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), effective January 13, 1941. Sec. 346 (b), p. 402, thereof for similar provision in that Act.

30 For text of this section prior to its repeal, see p. 454. 31 For text of this section prior to its repeal, see p. 456.

32 This section prior to its repeal read as follows: "The police court of the District of Columbia shall have no power to naturalize foreigners."

* For text of this section prior to its repeal, see p. 461.

21 Prior to March 4, 1929, when the first subdivision of sec. 4 of the Act of June 29, 1906 was amended, provision was made in the declaration of intention for the declarant to name specifically the particular foreign prince, potentate, state, or sovereignty of which he was a citizen or subject.

On and after March 4, 1929 and prior to June 20. 1939, when the first subdivision of sec. 4 of the Act of June 29, 1906 was again amended, provision was not made in the declaration of intention for the declarant to name the particular foreign prince, potentate, state, or sovereignty of which he was a citizen or subject, but provision was made for the declarant to state that when admitted to citizenship he would renounce al

568700_44-22

the State (Territory or the District of Columbia) 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 [L. 8.]

(Official character of attestor.)

86

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

respectfully shows: First. My full name is Second. My place of residence is number

street, city of --- State (Territory or the District of Columbia) 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 United States on the day of ------ at ------, in the --- court of

Seventh. I am married. My wife's name is She was born in .-- and now resides at

I have children, 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 government 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), 38 and it is my intention to reside permanently in the United States.

legiance to the particular foreign prince, potentate, state, or sovereignty of which he might then be a citizen or subject. See text of Act of March 4, 1929, p. 640.

On and after June 20, 1939 and prior to January 13. 1941, provision was made for the declarant to state that be would "before being admitted to citizenship renounce forever all allegiance and fidelity to any forrigo prince, potentate, state, or sovereignty." See text of Act of June 20, 1939, p. 563.

35 Sec. 3. Act of May 9, 1918 (40 Stat. 548), amended the word "District" to read the District of Columbia.”

38 On and after June 20, 1939, and prior to January 18, 1941, provision was made in the petition for the petitioner to state that it was "hís intention to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty."

« iepriekšējāTurpināt »