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the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries.

SEC. 17. The foregoing provisions of this Act shall not take effect until accepted by concurrent resolution of the Philippine Legislature or by a convention called for the purpose of passing upon that question as may be provided by the Philippine Legislature. (48 Stat. 456-457, 462-465; 48 U. S. C. 1232, 1238, 1240, 1244, 1247.)

DUTIES OF CLERKS OF COURT; FEES

[Act approved April 19, 1934]

SEC. 1. That the first paragraph of section 13 of the Naturalization Act of June 29, 1906 (34 Stat. 596), as amended (U. S. C., Supp. VII, title 8, sec. 402), is amended to read as follows:

"SEC. 13. 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:

"(1) For receiving and filing a declaration of intention and the issuing of a duplicate thereof, $2.50;

"(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.)

SEC. 2. Subdivisions (b) and (c) of section 32 of the Act of June 29, 1906, and subdivision (a) of section 33 of the Act of June 29, 1906, which were added thereto by section 9 of the Act of March 2, 1929 (45 Stat. 1512), and by section 4 of the Act of May 25,1932 (47 Stat. 165), as amended (U. S. C., Supp. VII, title 8, sec. 399b (b) and (c), and sec. 399c (a)), are amended as follows: Wherever in said subdivisions the words "a fee of $10" occur that shall be amended to read "a fee of $5." (48 Stat. 597; 8 U. S. C. 399b (b), 399b (c), 399c (a).)

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SEC. 3. Section 5 of the Act of March 2, 1929 (45 Stat. 1512), amended (U. S. C., Supp. VII, title 8, sec. 380 (a)), is amended to read as follows:

"SEC. 5. For every certificate of arrival issued for naturalization purposes a fee of $2.50 shall be paid to the Commissioner of Immigration and Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees." (48 Stat. 597; 8 U. S. C. 380a.)

SEC. 4. Subdivision (a) of Section 32 of the Act of June 29, 1906, which was added thereto by section 9 of the Act of March 2, 1929 (45 Stat. 1512), as amended (U. S. C., Supp. VII, title 8, sec. 399 (b) (a)), is amended as follows: Wherever in said subdivision the words "a fee of $10" occur they shall be amended to read "a fee of $1"; and by adding at the end thereof the following: "Provided, That an alien veteran as defined in section 1 of the Act of May 26,

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. 904), effective January 13, 1941. See sec. 342 (a). p. 391, of that Act for similar provisions. See footnote 69, p. 476.

1926 (44 Stat. 654; (U. S. C., Supp. VII; title 8, sec. 241 (a)), shall not be required to pay the fee required by this subdivision." (48 Stat. 597; 8 U. S. C. 399b (a).)

SEC. 5. In all naturalization proceedings in which an alien applying for certificate of citizenship is represented by counsel, there is hereby established a limit of $25 for counsel's fees, except where legal action before a court requires extended legal service when the court may approve a reasonable fee in excess of $25. (48 Stat. 598; 8 U. S. C. 399f.)

SEC. 6. Subdivision (b) of section 1 of the Act of March 2, 1929 (45 Stat. 1513), as amended (U. S. C., Supp. VII, title 8, sec. 106 (a) (b)), is amended as follows: Whenever in said subdivision the words "a fee of $20" occur they should be amended to read "a fee of $10." (48 Stat. 598; 8 U. S. C. 106a (b).)

GRANTING OF CITIZENSHIP TO INDIANS OF THE TSIMSHIAN TRIBE AND METLAKAHTLANS

[Act approved May 7, 1934]

SEC. 1. That the Indians of the Tsimshian Tribe, and those people known as Metlakahtlans, who emigrated from Metlakahtla, British Columbia, Canada, to Annette Island, in the Alexander Archipelago in southeastern Alaska in the year 1887, and there established a colony known as Metlakahtla, Alaska, and any and all other British Columbia Indians who joined them there not later than January 1, 1900, and have since resided continuously therein, having been faithful and loyal to the Constitution, laws and the Government of the United States, are hereby declared to be citizens of the United States. (48 Stat. 667; 8 U. S. C. 3b.)

SEC. 2. The granting of citizenship to the said Indians shall not in any manner affect the rights, individual or collective, of the said Indians to any property, nor shall it affect the rights of the United States Government to supervise and administer the affairs of the said Metlakahtla Colony. And any reservations heretofore made by any Act of Congress or Executive order or proclamation for the benefit of the said Indians shall continue in full force and effect and shall continue to be subject to modification, alteration, or repeal by the Congress or the President, respectively. (48 Stat. 667; 8 U. S. C. 3c.)

CITIZENSHIP OF CHILDREN BORN ABROAD; RENUNCIATION OF CITIZENSHIP; NATURALIZATION OF SPOUSES OF CITIZENS; REPEALS

[Act approved May 24, 1934]

SEC. 1. That section 1993 of the Revised Statutes is amended to read as follows:

"SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless

For footnote 7 see p. 551.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. See secs. 201 (p. 356), 202 (p. 357), 401 (f) (p. 404), 310 (p. 364), 311 (p. 365) and 313 (p. 366) of that Act for similar provisions.

the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Immigration and Naturalization Service." 10 (48 Stat.. 797; 8 U. S. C. 6.)

SEC. 2. Section 5 of the Act entitled "An Act in reference to the expatriation of citizens and their protection abroad," approved March 2, 1907, as amended, is amended to read as follows:

"SEC. 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 begin five years after the time such minor child begins to reside permanently in the United States."" (48 Stat. 797; 8 U. S. C. 8.)

SEC. 3. A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having jurisdiction over naturalization of aliens, but no citizen may make such renunciation in time of war, and if war shall be declared within one year after such renunciation then such renunciation shall be void. (48 Stat. 797; 8 U. S. C. 17a.)

SEC. 4. Section 2 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922, is amended to read as follows:

"SEC. 2. That an alien who marries a citizen of the United States, after the passage of this Act, as here amended, or an alien whose husband or wife is naturalized after the passage of this Act, as here amended, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, he or she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

"(a) No declaration of intention shall be required.

"(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State

10 Prior to its amendment at 12 noon (E. S. T.) May 24, 1934, sec. 1993, United States Revised Statutes read as follows: "All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States."

11 Prior to its amendment at 12 noon (E. S. T.) May 24, 1934, sec. 5, Act of March 2, 1907 (34 Stat. 1229), read as follows: "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 parent: Provided, That such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States."

or Territory where the naturalization court is held, he or she shall have resided continuously in the United States, Hawaii, Alaska, or Puerto Rico for at least three years immediately preceding the filing of the petition." (48 Stat. 797; 8 U. S. C. 368.)

SEC. 5. The following Acts and parts of Acts, respectively, are repealed: The Act entitled "An Act providing for the naturalization of the wife and minor children of insane aliens, making homestead entries under the land laws of the United States,' approved February 24, 1911; subdivision "Sixth" of section 4 of the Act entitled "An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June 29, 1906; and section 8 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922, as said section was added by the Act approved July 3, 1930, entitled "An Act to amend an Act entitled 'An Act relative to naturalization and citizenship of married women,' approved September 22, 1922.”

The repeal herein made of Acts and parts of Acts shall not affect any right or privilege or terminate any citizenship acquired under such Acts and parts of Acts before such repeal. (48 Stat. 798; 8 U.S. C. 371, 375, 137a.)

CITIZENSHIP OF PERSONS BORN IN PUERTO RICO

[Act approved June 27, 1934]

That a new section is hereby inserted between sections 5a and 6 of the Act entitled "An Act to provide a civil government for Puerto Rico, and for other purposes," approved March 2, 1917, as amended, as follows:

"SEC. 5b. All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided further,12 That any woman, native of Puerto Rico, and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason by her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be naturalized under the provisions of section 4 of the Act of September 22, 1922, entitled 'An Act relative to the naturalization and citizenship of married women,' as amended." (48 Stat. 1245; 48 U. S. C. 733b.)

13 Second proviso repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941.

PROTECTION OF AMERICAN SEAMEN; REPEAL

[Act approved June 15, 1935]

SEC. 1. That subdivision "Eighth" of section 4 of the Act of June 29, 1906, entitled "An Act to establish a Bureau of Immigration and Naturalization and to provide a uniform rule for the naturalization of aliens throughout the United States," as amended by section 1 of the Act entitled "An Act to amend the naturalization laws and to repeal certain sections of the Revised Statutes of the United States and other laws relating to naturalization, and for other purposes," approved May 9, 1918 (U. S. C., title 8, sec. 376), is hereby repealed.is

13

SEC. 2. This Act shall take effect ninety days after its enactment. (49 Stat. 376; 8 U. S. C. 376.)

NATURALIZATION OF ALIEN VETERANS, INCLUDING VETERANS OF ALLIED ARMIES

[Act of June 24, 1935] 14

[This Act continued in force and effect the provisions of the Act of May 25, 1932 (47 Stat. 165), concerning the naturalization of alien veterans to include petitions for naturalization filed by such veterans prior to May 25, 1937.]

13 Subdivision 8, sec. 4, Act of June 29, 1906, as added to said Act by sec. 1 Act of May 9, 1918 (40 Stat. 542, 544), provided as follows:

Eighth. That every seaman, being an alien, shall, after his declarattion of intention to become a citizen of the United States, and after he shall have served three years upon such merchant or fishing vessels of the United States, be deemed a citizen of the United States for the purpose of serving on board any such merchant or fishing vessel of the United States, anything to the contrary in any Act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such after the filing of his declaration of intention to become such citizen: Provided, That nothing contained in this Act shall be taken or construed to repeal or modify any portion of the Act approved March fourth, nineteen hundred and fifteen."

14 49 Stat. 395. The provisions of this Act read as follows:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision (a) of section 1 of the Act entitled 'An Act to further amend the naturalization laws, and for other purposes', approved May 25, 1932 (47 Stat. 165; U. S. C., Supp. VII, title 8, sec. 392b (a)) shall, as herein amended, continue in force and effect to include petitions for citizenship filed prior to May 25, 1937, with any court having naturalization Jurisdiction: Provided, That for the purposes of this Act clause (1) of subdivision (a) of section 1 of the aforesaid Act of May 25, 1932, is amended by striking out the words "all such period" and in lieu thereof inserting the words "the five years immediately preceding the filing of his petition."

"SEC. 2. The provisions of section 1 of this Act are hereby extended to include any alien lawfully admitted into the United States for permanent residence who departed therefrom between August, 1914, and April 5, 1917, or who, having been denied entry into the military and naval forces of the United States, departed therefrom subsequent to April 5, 1917, for the purpose of serving, and actually served prior to November 11, 1918, in the military or naval forces of any of the countries allied with the United States in the World War and was discharged from such service under honorable circumstances: Provided, That before any applicant for citizenship under this section is admitted to citizenship, the court shall be satisfied by competent proof that he is entitled to, and has complied in all respects with, the provisions of this Act; and that he was and had been a bona fide lawfully admitted resident in the United States for two years before the passage of this Act.

"SEC. 3. The Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, shall prescribe such rules and regulations as may be necessary for the enforcement of this Act." (49 Stat. 395; U. S. C., title 8 sec. 392b, 392c, 392d.)

See also Act of June 24, 1935 (49 Stat. 397) and Act of June 21, 1939 (53 Stat. 851) extending the provisions of this Act.

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