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Part 360—CLERKS OF NATURALIZATION COURTS AND
THEIR DUTIES Sec.
Sec. 360.1 Receiving and filing declara- 360.5 Division of the year for ao tions of intention and pe
counting for naturalization titions for naturalization.
fees. 3602 Issuance of subpenas.
360.6 Fees in United States courts; 360.3 Monthly reports; copies of
remittance. records; when and to whom 360.7 Fees in other than United sent.
States courts; remittance. 360.4 Disposition to be made of 360.8 Time for report of and acclerk's report and account
counting for fees collected. ing.
360.9 Report of and accounting for
void papers. 8 360.1 Receiving and filing declarations of intention and petitions for naturalization. It shall be the duty of every clerk of a naturalization court to administer the required oath to each applicant for a declaration of intention, and such oath shall be administered only in the office of the clerk of court. The clerk of court shall receive and file petitions for naturalization and administer, in his own office only, the required oaths to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have sworn to the petition before a designated examiner.* (Nationality Act of 1940, secs. 331, 332 (a), and 337 (a), 54 Stat. 1153, 1154, and 1158)
*$360.1 to 360.9, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 C. F. R. 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.
360.2 Issuance of subpenas. Clerks of courts shall issue subpenas for attendance of witnesses at final naturalization hearings, if demand is made by the petitioner at the time the petition is filed, provided the petitioner deposits with the clerk of court a sum of money sufficient to cover the cost of the subpenas and the legal fees of such witnesses.* (Nationality Act of 1940, secs. 309 (d) and 342 (i), 54 Stat. 1144, 1162)
360.3 Monthly reports; copies of records; when and to whom sent. Unless otherwise directed by proper authority, clerks of courts shall, except as hereinafter stated in this section, on the first day of each month, forward to the appropriate district director or divisional director, all duplicates of declaration of intention and all duplicates and triplicates of petitions for naturalization filed during the preceding month, together with a report on Form N-4, in duplicate, showing the serial numbers of such declarations and petitions so filed, the names and sex of the petitioners, and the approximate dates for final hearing. When at any time during the month the number of declarations and petitions filed reaches 100 in the aggregate, the clerk shall, on request of the district director or divisional director, forthwith forward such duplicates and report as herein provided. Clerks of courts shall also include on Form N 4 a list of the inclusive numbers of all certificates of naturalization issued during the preceding month, and the duplicates of such certificates, with their stubs intact and with the Alien Registration Receipt Cards to which reference is made in 8 377.3, shall be forwarded to the appropriate district director or divisional director.* (Nationality Act of 1940, sec. 337 (a) (b) (c), 54 Stat. 1158)
*For statutory citation, see note to $ 360.1.
360.4 Disposition to be made of clerk's report and accounting. Upon receipt, by the field officer concerned, of the monthly reports upon Form N4 and the accompanying papers, said forms shall be stamped so as to show the date of receipt. Such papers shall be examined in all cases at the local field office of the Service and appropriate action taken and record made therefrom. Thereafter they shall be transmitted to the Central Office accompanied by the original report on Form N-4. The duplicate report on Form N-4 and the triplicate copy of the petition shall be retained by the field office. If it be necessary for the field officer to return a duplicate naturalization paper to the clerk of court for correction à carbon of the letter to the clerk returning such paper shall be sent with the other papers, if there be any, to the Central Office for its information. The other duplicate papers shall not be held awaiting the return of the corrected papers from the clerk of court, but shall be forwarded to the Central Office immediately after all records have been made. The corrected paper bearing the “received” stamp of the field office, as of the subsequent date of receipt, shall be forwarded to the Central Office when received from the clerk of court. The duplicates and report herein referred to shall be sent by registered mail and plainly marked “Official Business (Nationality Act of 1940, secs. 337 and 343, 54 Stat. 1158, 1163)
360.5 Division of the year for accounting for naturalization fees. For the purpose of accounting for and reporting naturalization fees quarterly by clerks of courts, the fiscal year shall end on June 30 of any given calendar year and shall be divided as follows: First quarter ends September 30; second quarter ends December 31; third quarter ends March 31; and fourth quarter ends June 30.* (Nationality Act of 1940, sec. 342, 54 Stat. 1161)
360.6 Fees in United States courts; remittance. All naturalization fees collected by clerks of United States district courts (except in Alaska and the District Court of the Virgin Islands of the United States) and the clerk of the District Court of the United States for the District of Columbia, shall be forwarded quarterly by a remittance payable to the order of the "Commissioner of Immigration and Naturalization, Washington, D. C."* (Sec. 25, 49 Stat. 1813, 48 U.S. C. 1405x: Nationality Act of 1940, sec. 342 (c) (d) (e), 54 Stat. 1162)
360.7 Fees in other than United States courts; remittance. One-half of all naturalization fees collected by clerks of courts other than those described in § 360.6 (including United States district courts in Alaska but excluding the District Court of the Virgin
*For statutory citation, see note to g 3C0.1.
Islands of the United States), up to $6,000 in any one fiscal year, shall be similarly remitted to the Commissioner of Immigration and Naturalization, Washington, D. C. Where the collections during the first quarter of any fiscal year equal or exceed $1,500, the clerk shall remit all in excess of $750; and where such collections for the first and second quarters equal or exceed $3,000, the clerk shall remit all in excess of $1,500; and where the collections for the first three quarters of the fiscal year equal or exceed $4,500, the clerk shall remit all in excess of $2,250; and in any case where the total collections for any fiscal year equal or exceed $6,000, the clerk shall remit all fees or moneys so collected in excess of $3,000. All naturalization fees collected by the clerk of the District Court of the Virgin Islands of the United States shall be paid into the Treasury of the Virgin Islands in accordance with the provisions of the Organic Act of the Virgin Islands.* (Sec. 35, 49 Stat. 1816; 48 U. S. C. 1406h; Nationality Act of 1940, sec. 342 (c) (d) (e), 54 Stat. 1162)
360.8 Time for report of and accounting for fees collected. The accounting for naturalization fees collected and the payment of fees over to the Commissioner of Immigration and Naturalization as provided in 88 360.6 and 360.7, shall be made within thirty days from the close of each quarter of each and every fiscal year. (Nationality Act of 1940, secs. 327 (b) and 342 (e), 54 Stat. 1151, 1162)
360.9 Report of and accounting for void papers. Clerks of courts in their "Monthly Report” on Form N-4 and “Abstract of Collections” on Form N-7, shall separately list void declarations, petitions, or certificates, according to the number assigned to them, and indicate by appropriate notation that same are “void.” (Nationality Act of 1940, secs. 337 and 342, 54 Stat. 1158, 1161)
*For statutory citation, see note to § 360.1.
Part 361-OFFICIAL FORMS
Sec. 361.1 Official forms essential to
(b) Exemption from decexercise of jurisdiction.
la ration of intention 361.2 Official forms; by whom sup
and certificate of arplied; to be used exclu
(c) Exemption from resi361.3 Official forms prescribed for
dence in the United use of clerks of naturaliza
States and State. tion courts.
361.8 Discrepancies, corrections, or 361.4 Initial application for official
amendments in declaraforms.
tions of intention or peti361.5 Subsequent application for
tions for naturalization. ofticial forms.
361.9 Amendment of petition for 361.6 Amendment of form for dec
naturalization or certificate laration of intention.
of naturalization after final 361.7 Amendment of form for peti
action by the court. tion for naturalization.
(a) Petition for naturall. (a) Exemption from dec.
zation. laration of intention.
(b) Certificate of natural.
ization, § 361.1 Official forms essential to exercise of jurisdiction. Before exercising jurisdiction in naturalization proceedings, a competent court may cause the clerk of such court to obtain from the Immigration and Naturalization Service, in accordance with section 301 (c) of the Nationality Act of 1940, the proper blanks, records, order books, and supplies necessary in naturalization proceedings. Such jurisdiction may not be exercised until such official forms, records, and order books have been supplied to such court. Where sessions of the court are held at different places, the judge of such court may require the clerk to obtain a separate supply of official forms, records, and order books for each such place. (Nationality Act of 1940, sec. 301 (c), 54 Stat 1140)
* 88 361.1 to 361.9, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec, 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.
361.2 Official forms; by whom supplied; to be used exclusively. Official forms, records, and order books shall be supplied by the Immigration and Naturalization Service exclusively, and only such forms, records, and order books shall be used in naturalization and citizenship proceedings.* (Nationality Act of 1940, sec. 327 (d), 54 Stat. 1151)
361.3 Official forms prescribed for use of clerks of naturalization courts. The following forms only shall be used by clerks of courts having naturalization jurisdiction, in the exercise of such jurisdiction, to wit:.
For statutory citation, see note to 8 360.1.