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"(c) If the name of any naturalized citizen has, subsequent to naturalization, been changed by order of a court of competent jurisdiction, or by marriage, the citizen may, upon the payment to the Commissioner of a fee of $5,06 make application (accompanied by two photographs of the applicant) for a new certificate of citizenship in the new name of such citizen. If the Commissioner finds the name of the applicant to have been changed as claimed he shall issue to the applicant a new certificate with one of such photographs of the applicant affixed thereto.” (47 Stat. 165–166; 8 U. s. c. 399b (c).) 67

"(d) The Commissioner of Immigration and Naturalization 62 is authorized to make and issue without fee, certifications of any part of the naturalization records of any court, or of any certificate of citizenship, for use in complying with any statute, State or Federal, or in any judicial proceeding. Any such certification shall be admitted in evidence equally with the original from which such certification was made in any case in which the original thereof might be admissible as evidence. No such certification shall be made by any clerk of court except upon order of the court. (47 Stat. 166; 8 U. S. C. 399b (d).) 67

“Sec. 33. (a) Any individual over twenty-one years of age who claims to have derived United States citizenship through the naturalization of a parent, or a husband, may, upon the payment of a fee of $5,6 make application to the Commissioner of Immigration and Naturalization, accompanied by two photographs of the applicant, for a certificate of citizenship.69 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 Service 70 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

a 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 pos. session 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).) ?

“(b) Any person who (1) knowingly issues or is a party to the issuance under this section of a certificate of citizenship not

68

62

For footnote 62 see p. 537.

* The fee for a certificate of citizenship in name changed by order of court or by marriage was originally $10. It was reduced to $5 by sec. 2. Act of April 19. 1934 (48 Stat. 597 ; 8 U. S. C. 399b (c)), repealed by sec. 504, Nationality Act of 1940, 54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941.

4 Sec. 4, Act of May 25, 1932, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941.

& Fee, originally $15, including certilicate of arrival which requirement was repealed by Act of May 25, 1932 (47 Stat. 166). The $10 fee was reduced to $5 by sec. 2. Act of April 19, 1934 (48 Stat. 597), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. S. C. 904) effective January 13, 1941. See secs, 339, p. 389, and 342 (b) (5), p. 391, for similar provisions of that Act.

89 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).

To See footnote 61, p. 474.
71 Sec. 2, Act of April 19, 1934.

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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, inclusive, of the Act entitled 'An Act to codify, revise, and amend the penal laws of the United States,' approved March 4, 1909,72 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 (c).)*

"SEO. 34. Fees collected by the Commissioner of Immigration and Naturalization 78 under the two preceding sections shall be paid 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.?(45 Stat. 1516; 8 U. S. C. 399d.)

“Seo. 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 Porto 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.) **

"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; 7o and one of such photographs shall be affixed to the certifi

70

For footnotes 70 and 71 see p. 538.

12 For provisions of sec, 76, Act of March 4, 1909, which was repealed by sec. 504, Nationality Act of 1940 (64 Stat. 1173; 8 U. S. C. 904), see p. 410. See sec. 346, D. 394, of that Act for Penal Provisions.

See footnote 69, p. 476. * Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. 8. C. 904), effective January 13, 1941, See sec. 342 (8), p. 392, and 330, p. 378, respectively, for provisions of that Act similar to secs, 34 and 36.

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cate 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.” 70 (45 Stat. 1516; 8 U. S. C. 377c.) 74

Sec. 10.75 The Commissioner of Immigration and Naturalization 13 is authorized and directed to prepare from the records in the custody of the Immigration and Naturalization Service To a report upon those heretofore seeking citizenship to show by nationalities their relation to the numbers of annually arriveing aliens and to the prevailing census populations of foreign born, their economic, vocational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually thereafter. (45 Stat. 1516; 8 U. S. C. 399e.)

Sec. 11. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (45 Stat. 1516; 8 U. S. C. 399e.)

Sec. 12. Sections 1 to 10, inclusive, of this Act shall take effect on July 1, 1929. The remainder of the Act shall take effect upon its enactment. (45 Stat. 1516; 8 U. S. C. 399e.) STATEMENT OF ALLEGIANCE IN DECLARATION OF INTENTION

(Act approved March 4, 1929) TO SEC. 1.T6 That the first subdivision of section 4 of the Act entitled "An Act to establish an Immigration and Naturalization Service and provide for a uniform rule of the naturalization of aliens throughout the United States," approved June 29, 1906, as amended, is amended to read as follows:

“First. He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States and to reside permanently therein, and that he will, before being admitted to citizenship, renounce forever all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly, by name, to the prince, potentate, State, or sovereignty of which the alien may be at the time of admission a citizen or subject. Such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien. No declaration of intention or petition for naturalization shall be made outside of the office of the clerk of court.” 17 (45 Stat. 1545; 8 U. S. C. 373.)

77

,

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For footnotes 70, 73, and 74 see pp. 538–539. 75 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. 8. C. 904), effective January 13, 1941. See sec. 345 of that Act, p. 394, for similar provisions. See also sec. 8, Act of Mày 25, 1932 (47 Stat.. 166). p. 546.

78 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. 8. C. 904), effective January 13, 1941. See sec. 331 of that Act, P. 378, for provisions concerning declarations of intention.

97 Prior to March 4, 1929, the first subdivision of sec. 4, Act of June 29, 1906 (34 Stat 596), read as follows:

"First. 'He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in wbicb such allen resides, two years at least prior to his admission, and after he has reached the age

SEC. 2. Section 1 of this Act shall take effect sixty days after its enactment. A declaration of intention made before the expiration of such sixty-day period, whether before or after the enactment of this Act, in which appears an erroneous statement of allegiance, shall not be held invalid for such cause if the error was due to a change of political boundaries, or the creation of new countries, or the transfer of territory from one country to another. Nothing in this section shall permit the reinstatement of a petition for naturalization dismissed for such cause, but in such a case the benefits of this section may be obtained by filing a new petition before the expiration of the period of validity of the declaration of intention. (45 Stat. 1545–1546; 8 U.S. C. 373.)

Sec. 3.78 Expired by limitation.]

CITIZENSHIP OF CHEROKEE INDIANS

(Act approved June 19, 1930) That all noncitizen Cherokee Indians born within the territorial limits of the United States and resident in the State of North Carolina are hereby declared to be citizens of the United States and entitled to all the rights, privileges, and immunities belonging to such citizens, including the right of franchise, provided they can meet and conform to the educational and other tests imposed upon voters of the State of North Carolina, as a condition precedent to the exercise of such right of franchise. All Acts or parts of Acts of Congress inconsistent herewith are hereby repealed. Nothing contained in this Act shall in any manner impair or otherwise affect the right of any Indian to tribal or other property. (46 Stat 787; 8 U.S. C. 3a.)

CERTIFICATE OF REPATRIATION

(Act approved June 21, 1930] ** That the twelfth subdivision of section 4 of the Naturalization Act of June 29, 1906, as amended, is amended by adding at the end thereof the following paragraph:

"Any individual who claims to have resumed his citizenship under the provisions of this subdivision may, upon the payment of a fee of $1, make application to the Commissioner of Immigration and Naturalization,so accompanied by two photographs of the

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of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien : Provided, horocvet, That no alien who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen of the United States shall be required to renew such dcclaration."

TThis section provided as follows (45 Stat. 1546) :

"SEC. 3. An allen veteran, as defined in sec. 1 of the Act of May 26, 1926 (ch, 398, 44 Stat. 654, title 8, sec. 241, U. S. Code, Supp. 1), shall, if residing in the United States ,be entitled, at any time within two years after the enactment of this Act, to naturalization upon the same terms, conditions, and exemptions which would have been accorded to such alien if he had petitioned before the armistice of the World War, except that such allen shall be required to appear and file his petition in person and to take the prescribed oath of allegiance in open court.'

To Repealed by sec. 504, Nationality Act of 1910 (54 Stat. 1173: 8 U. S. C. 904), effective January 13, 1941. See secs. 323, p. 371, 341 (a), p. 300, and 342 (b) (7); p. 391, of that Act for provisions ou same subject.

* See footnote 61, p. 474.

applicant, for a certificate of repatriation. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen and that the citizenship was resumed as claimed, such individual shall be furnished a certificate of repatriation by the Commissioner, but only if such individual is at the time within the United States. The certificate of repatriation issued under this subdivision shall have the same effect as a certificate issued by a court having naturalization jurisdiction, and the provisions of subdivisions (b) and (c) of section 33 shall apply in respect of proceedings and certificates of repatriation under this subdivision in the same manner and to the same extent, including penalties, as they apply in respect of proceedings and certificates of citizenship issued under such section. 81 (46 Stat. 791; 8 U. S. C. 18.)

NATURALIZATION AND CITIZENSHIP OF MARRIED WOMEN

(Act approved July 3, 1930) 43 Sec. 1. That the last three sentences of section 3 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922 (relating to the presumption of loss of citizenship by married women by residence abroad), are repealed, but such repeal shall not restore citizenship lost under such section 3 before such repeal. (46 Stat. 854; 8 U. S. C. 9.)

Sec. 2. (a) Section 4 of such Act of September 22, 1922, is amended to read as follows:

“Sec. 4. (a) A woman who has lost her United States citizenship by reason of her marriage to an alien eligible to citizenship or by reason of the loss of United States citizenship by her husband may, if eligible to citizenship and if she has not acquired any other nationality by affirmative act, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the United States or within the county where the petition is filed shall be required;

(2) The petition need not set forth that it is the intention of the petitioner to reside permanently within the United States;

“(3) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner;

“(4) If there is attached to the petition, at the time of filing, a certificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing.

“(b) After her naturalization such woman shall have the same citizenship status as if her marriage, or the loss of citizenship by her husband, as the case may be, had taken place after this section, as amended, takes effect."

81 For text of twelfth subdivision as it was added to sec. 4, Act of June 29, 1906, as amended by sec. 1, Act of May 9, 1918 (40 Stat. 545-546), see p. 516.

$2 The provisions of this Act, except those contained in section z thereof, were not repealed by the Nationality Act of 1940 (54 Stat. 1137).

** Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 004), effective January 13, 1941. See sec. 317 (a) of that Act, p. 367, for similar provisions.

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