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applicant, for a certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen and that the alleged citizenship was derived as claimed, and upon taking and subscribing to, before a designated representative of the Immigration and Naturalization Services within the United States, the oath of allegiance required by the naturalization laws of a petitioner for citizenship, such individual shall be furnished a certificate of citizenship by the Commissioner, but only if such individual is at the time within the United States. In all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States, the certificate of citizenship issued under this section shall have the same effect as a certificate of citizenship issued by a court having naturalization jurisdiction. (45 Stat. 1515; 8 U.S. C. 399c (a).) 1
(b) Any person who (1) knowingly issues or is a party to the issuance under this section of a certificate of citizenship not authorized by the provisions of this section; or (2) demands, charges, collects, or receives any other or additional fees or moneys under this section except the fees and moneys herein specified; or (3) knowingly certifies that an applicant, affiant, or witness named in an affidavit, application, or certificate of citizenship or other paper or writing required to be executed under the provisions of this section, 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 him or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof; or (4) procures a certificate of citizenship under this section, knowing or having reason to believe that he is not entitled thereto, shall be guilty of a felony and on conviction thereof shall be fined not more than $5,000, or imprisoned not more than five years, or both. (45 Stat. 1516; 8 U.S. C. 399c (b)..)
(c) The provisions of sections 74 to 81,61 inclusive, of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909, shall apply in respect of proceedings and certificates of citizenship under this section in the same manner and to the same extent, including penalties, as they apply in respect of proceedings
and certificates of citizenship under the naturalization laws. (45 Stat. 1516; 8 U. S. C. 399c (b).) os
ACCOUNTING FOR FEES BY THE COMMISSIONER OF NATURALIZATION
Sec. 34. Fees collected by the Commissioner of Immigration and Naturalization 58 under the two preceding sections shall be paid
Bor footnote 58 see p. 497. * The phrase "Upon obtaining a certificate from the Secretary of Labor showing the date, place, and manner of arrival in the United States," which originally appeared here was repealed by sec. 5, Act of May 25, 1932 (47 Stat. 166).
40 See footnote 61, p. 474.
Sec. 9, Act of March 2, 1929, repealed by sec. 504, Nationality Act of 1940 (64 Stat. 1173), effective January 13, 1941. See sec. 346 thereof, at p. 394, for Penal Provisions of that Act.
For text of secs. 74 to 81, inclusive, of Act of March 4, 1909 (85 Stat. 1102–1103). see pp. 501-504.
Secs. 34, 35, and 36 were added to the Act of June 29, 1906, as amended, by sec. 9. Act of March 2, 1929 (45 Stat. 1516), ettective July 1, 1929, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941. See sec. 330 of that Act, p. 378, for requirements respecting photographs, and sec. 842, p. 391, concerning
over to and deposited in the Treasury and accounted for by the Commissioner to the General Accounting Office in the same manner as other naturalization fees received by the Immigration and Naturalization Service.co (45 Stat. 1516; 8 U.S. C. 399b-399d.)
DEFINITION OF THE TERM "COUNTY” Sec. 35. When used in this Act the term "county” includes parish in the State of Louisiana; any political subdivision of a State not included within any county; a division of the judicial district in the Territory of Alaska; the entire island in the case of Puerto Rico; the entire territory comprised within the Virgin Islands in the case of the Virgin Islands; and the entire district in the case of the District of Columbia. (45 Stat. 1516; 8 U. S. C. 380b.) 61
PHOTOGRAPHS OF APPLICANTS FOR DECLARATIONS OF INTENTION AND
PETITIONS FOR CITIZENSHIP TO BE FURNISHED Sec. 36. Two photographs of himself shall be furnished by each applicant for a declaration of intention and by each petitioner for citizenship. One of such photographs shall be affixed by the clerk of the court to the declaration of intention issued to the declarant and one to the declaration of intention required to be forwarded to the Immigration and Naturalization Service; and one of such photographs shall be affixed to the certificate of citizenship issued to the naturalized citizen and one to the duplicate certificate of citizenship required to be forwarded to the Immigration and Naturalization Service. (45 Stat. 1516; 8 U.S. C. 377c.) el VALIDATION OF NATURALIZATION CERTIFICATES
(Act approved June 29, 1906) Sec. 1. That naturalization certificates issued after the Act approved March third, nineteen hundred and threo, entitled "An Act to regulate the immigration of aliens into the United States," went into effect, which fail to show that the courts issuing said certificates complied with the requirements of section thirty-nine of said Act, but which were otherwise lawfully issued, are hereby declared to be as valid as though said certificates complied with said section: Provided, That in all such cases applications shall be made for new naturalization certificates, and when the same are granted, upon compliance with the provisions of said Act of nineteen hundred and three, they shall relate back to the defective certificates, and citizen ship shall be deemed to have been perfected at the date of the defective certificate. (34 Stat. 630-631; 8 U. S. C. 407.)
Sec. 2. That all the records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the time when this Act takes effect in or from the criminal court of Cook County, Illinois, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized. (34 Stat. 631.)
For footnotes 60, 61, and 64 see p. 498.
EXPATRIATION OF CITIZENS AND THEIR PROTECTION ABROAD, CITIZENSHIP OF WOMEN BY MARRIAGE; CITIZENSHIP OF CHILDREN BORN ABROAD OP CITIZEN PARENTS
(Act approved March 2, 1907) Seo. 1.o [Repealed by sec. 5, Act of June 4, 1920 (41 Stat. 751).]
SEO. 2.66 That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. (34 Stat. 1228; 8 U. S. C. 17.)
When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. (34 Stat. 1228; 8 U.S. C. 16, 17.)
SEC. 3.87' (Repealed by sec. 7, Act of Sept. 22, 1922 (42 Stat. 1022; 8 U. S. C. 9).]
SEO. 4.68 í Repealed by sec. 6, Act of Sept. 22, 1922 (42 Stat. 1022; 8 U.S. C. 10).] :: SEO. 5. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption shall take place during the minority of such child; And provided further, That the citizenship of such minor child'shall
65 This section prior to its repeal read as follows:
"That the Secretary of State shall be authorized, in his discretion, to issue passports to persons not citizens of the United States as follows: Where any person has made a declaration of intention to become such a citizen as provided by law and has resided in the United States for three years, a passport may be issued to him entitling him to the protection of the Government in any foreign country : Provided. That such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Government in the country of which he was a citizen prior to making such decision of intention."
* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172: 8 U. 8. C. 904), etfective January 13, 1941. See ch. IV of that Act p. 403 for provisions covering loss of nationality.
67 This section prior to its repeal read as follows:
“SEC. 3. That any American woman who marrleg a foreigner sban take the nationallty of her busband. At the termination of the marital relation she may resume her American citizenship, 11 abroad, by registering as an American citizen within one year witb a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein."
It was provided by sec. 7, Act of Sept. 22, 1922, however, that the repeal of sec, 8, Act of Mar. 2, 1907, should not restore citizenship lost under said section nor terminate citizenship resumed thereunder and that a woman who had resumed under ruch section citizenship lost by marriage should upon passage of said Act of Sept. 22, 1922, have for all purposes the same citizenship status as immediately preceding her mar. riage. As to resumption of American citizensbip upon termination of marriage, see Act of June 25. 1936, as amended by the Act of July 2, 1940, p. 565. See also sec. 317 (b), at p. 368, Nationality Act of 1910.
This section prior to its repeal read as follows: "SBC. 4. That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue to reside in the United States, unless she makes formal renun. clation thereof before a court having Jurisdiction to naturalize allens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation."
With reference to arquisition of American citizenship through marriage, see sec. 1994, Revised Statutes, p. 451.
begin five years after the time şuch minor child begins to reside permanently in the United States. (48 Stat. 797; 8 U.S. C. 8.)
SEO. 6.70 That all children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States and who continue to reside outside the United States shall, in order to receive the protection of this Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents and remain citizens of the United States, and shall be further required to take the oath of allegiance to the United States upon attaining their majority. (34 Stat. 1229; 8 U.S. C. 6.)
CONSPIRING TO COMMIT OFFENSE AGAINST THE UNITED STATES
[Act approved March 4, 1909), Sec. 37. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than $10,000, or imprisoned not more than two years, or both. (35 Stat. 1096; 18 V. S. C. 88.) FALSELY MAKING OR FORGING CERTIFICATE OF CITIZENSHIP; PENALTY
Sec. 74.71 Whoever shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or shall knowingly aid or assist in falsely making, forging, or counterfeiting any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. (35 Stat. 1102; 18 U.S. C. 135.)
ENGRAVING COUNTERFEIT PLATES FOR CITIZENSHIP CERTIFICATES—MAKING ANY PRINT, PHOTOGRAPH, OR IMPRESSION OF, OR SELLING CERTIFICATEDISTINCTIVE PAPER; PENALTY
Sec. 75.72 Whoever shall engrave, or cause or procure to be engraved, or assist in engraving, any plate in the likeness of any plate designed for the printing of a certificate of citizenship; or whoever shall sell any such plate,
or shall bring into the United States from any foreign place any such plate, except under the direction of the Attorney General " or other proper officer; or who ever shall have 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 or to suffer such plate to be used in forging or counterfeiting any such certificate or any part thereof; or whoever shall print, photograph, or in any manner cause to be printed, photographed, made, or executed, any print or impression in the likeness of any such certificate, or any part thereof; or whoever shall sell any such certificate, or shall bring the same into the United States from any foreign place, except by direction of some proper officer of the United States; or whoever shall have in his possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent unlawfully to use the same, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. (35 Stat. 1102; 18 U.S. C. 137.) FALSE PERSONATION—FORGERY OR COUNTERFEITING-UTTERING FORGED RECORD-ILLEGALLY DISPOSING OF CERTIFICATE OF CITIZENSHIP; PENALTY
* Sec. 2. Act of May 24, 1934, repealed by sec. 604, Nationality Act of 1940 (54 Stat. 1173; 8 U.S. C. 904), effective January 13, 1941. Prior to 12 noon (E, S. T.) May 24, 1934, sec. 5 of the Act of Mar. 2, 1907, read as follows:
SEC. 6. That a child born without the United States of alien parents shall be deemed a cluizen of tbe United States by virtue of the naturalization of or resumption of Ameri. can citizenship by the parent: Provided, That such paturalization or resumption takes place during the minority of such child: And provided further, that the citizenship of such minor child sball begin at the time such minor child begins to reside perma, nently in the United States.
See sec. 314 of Nationality Act, p. 366, for provisions regarding derivation of citizenship through naturalization of parents.
10 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904). efective January 13, 1941. See secs. 201 (c), p. 856, 313, p. 368, and 407, p. 408, of that Act for provisions on similar subjects. Sec. 1993, Revised Statutes, 'appears at PROBL
"Repealed by sec. 604, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See sec. 848, p. 394, of that Act for Penal Provisions.
* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. 8. C. 904), effective January 13, 1941. See sec. 346, p. 394, of that Act for Penal Provisions.
Sec. 76.72 Whoever, when applying to be admitted a citizen, or when appearing as a witness for any such person, shall knowingly personate any person other than himself, or shall falsely appear in the name of a deceased person, or in an assumed or fictitious name; or whoever shall falsely make, forge, or counterfeit any oath, notice, affidavit, certificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law relating to or providing for the naturalization of aliens; or whoever shall utter, sell, dispose of, or shall use as true or genuine, for any unlawful purpose, any false, forged, antedated, or counterfest oath, notice, certificate, order, record, signature, instrument, paper, or proceeding above specified; or whoever shall sell or dispose of to any person other than the person for whom it was originally issued any certificate of citizenship or certificate showing any person to be admitted a citizen, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. (35 Stat. 1102; 18 U. S. C. 138.) USE, POSSESSION, OR ACCEPTANCE OF FALSE CERTIFICATE OF CITIZENSHIPBLANK CERTIFICATES-DENIAL OF HAVING BEEN ADMITTED TO CITIZEN. SHIP; PENALTY
SEC. 77.12 Whoever shall use or attempt to use, or shall aid, assist, or participate in the use of any certificate of citizenship, knowing the same to be forged, counterfeit, or antedated, or knowing the same to have been procured by fraud or otherwise unlawfully obtained; or whoever, without lawful excuse, shall knowingly possess any false, forged, antedated, or counterfeit certificate of citizenship purporting to have been issued under any law of the United States relating to naturalization, knowing such certificate to be false, forged,
antedated, or counterfeit, with the intent unlawfully to use the same; or whoever shall obtain, accept, or receive any certificate of citizenship, knowing the same to have been procured by fraud or
" See footnote 53, p. 470. For footnote 72 see p. 501.