diction of such court, to conduct pre liminary hearings upon petitions for naturalization to such court, and to make findings and recommendations thereon. For such purposes any such designated examiner or officer is hereby authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpoena witnesses, and to administer oaths, including the oath of the petitioner to his petition and the oath of his witnesses" (act of June 29, 1906, as amended, as amended by part of act of June 8, 1926; 44 Stat. 709 (pt. 2); U. S. C., title 8, sec. 399a). * * * * * "Fourteenth. SEC. 4. * "(b) The findings of any such designated examiner or officer upon any such preliminary hearing shall be submitted to the court at the final hearing upon the petition required by section 9, with a recommendation that the petition be granted or denied or continued, with the reasons therefor. Such findings and recommendations shall be accompanied by duplicate lists containing the names of the petitioners, classified according to the character of the recommendations, and signed by the designated examiner or officer. The judge to whom such findings and recommendations are submitted shall by written order approve such recommendations with such exceptions as he may deem proper, by subscribing his name to each such list when corrected to conform to his conclusions upon such recommendations. One of such lists shall thereafter be filed permanently of record in such court and the duplicate list shall be sent by the clerk of such court to the Commissioner of Immigration and Naturalization" (act of June 29, 1906, as amended, as amended by part of act of June 8, 1926; 44 Stat. 709-710; U. S. C., title 8, sec. 399a). SEC. 9. That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court (act of June 29, 1906; 34 Stat. 599; U. S. C., title 8, sec. 398). * SEC. 4. * *"Fourteenth. * * * "(c) The provisions of section 9 requiring the examination of the petitioner and witnesses under oath before the court and in the presence of the court shall not apply in any case where 65495-45- -36 timony concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpena witnesses, and to administer oaths, including the oath of the petitioner to the petition for naturalization and the oath of petitioner's witnesses. (b) The findings of any such designated examiner upon any such preliminary hearing shall be submitted to the court at the final hearing upon the petition with a recommendation that the petition be granted, or denied, or conSuch tinued, with the reasons therefor. findings and recommendations shall be accompanied by duplicate lists containing the names of the petitioners, classified according to the character of the recommendations, and signed by the designated examiner. The judge to whom such findings and recommendations are submitted shall, if he approve such recommendations, enter a written order with such exceptions as the judge may deem proper, by subscribing his name to each such list when corrected to conform to his conclusions upon such recommendations. One of such lists shall thereafter be filed permanently of record in such court and the duplicate list shall be sent by the clerk of such court to the Commissioner. SEC. 333. (a) Every final hearing upon a petition for naturalization shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such finál hearing of such petition the applicant, and, except as provided in subsection (b) of this section, the witnesses shall be examined under oath before the court and in the presence of the court. (b) The requirement of subsection (a) of this section for the examination of the petitioner and witnesses under oath before the court and in the presence of the court shall not apply in any case where a designated examiner has a designated examiner or officer has conducted the preliminary hearing conducted the preliminary hearing authorized by subsection (a) of section authorized by this subdivision; except 332; except that the court may, in its that the court may, in its discretion, discretion, and shall, upon demand of and shall, upon demand of the peti- the petitioner, require the examination tioner, require the examination of the of the petitioner and the witnesses petitioner and the witnesses under oath under oath before the court and in the before the court and in the presence of presence of the court. the court" (act of June 29, 1906, as amended, as amended by part of act of June 8, 1926; 44 Stat. 710 (pt. 2); U. S. C., title S, sec. 399a. This proviso also amends sec. 9, act of June 29, 1906; 34 Stat. 599; U. S. C., title 8, sec. 398; see proposed sec. 333 (a), above). SEC. 6. That petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing of such petition: Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction * * * (act of June 29, 1906, as amended, as amended by sec. 2, act of March 3, 1931; 46 Stat. 1511; U. S. C., title 8, sec. 396). SEC. 11. That the United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of his petition concerning any matter touching or in any way affecting his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings (act of June 29, 1906; 34 Stat. 599; U. S. C., title 8, sec. 399). SEC. 6. * * * It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith (act of June 29, 1906; 34 Stat. 598; U. S. C., title 8, sec. 396). (c) Except as otherwise specifically provided in this chapter, no final hear ing shall be held on any petition for naturalization, nor shall any person be naturalized nor shall any certificate of naturalization be issued by any court within thirty days after the filing of the petition for naturalization, nor within sixty days preceding the holding of any general election within the territorial jurisdiction of the naturalization court. (d) The United States shall have the right to appear before any court in any naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of the petition concerning any matter touching or in any way affecting the petitioner's right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the grauting of any petition in naturalization proceedings. (e) It shall be lawful at the time and as a part of the naturalization of any person, for the court, in its discretion, upon the prayer of the petitioner included in the petition for naturalization of such person, to make a decree changing the name of said person, and the certificate of naturalization shall be issued in accordance therewith. * * OATH OF RENUNCIATION AND ALLEGIANCE SEC. 4. Third. He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures 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 he was before a citizen or subject; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same (act of June 29, 1906; 34 Stat. 597-598; U. S. C., title 8, sec. 381). * SEC. 4. * * Fifth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court (act of June 29, 1906; 34 Stat. 598; U. S. C., title S, sec. 386). SEC. 334. (a) A person who has petitioned for naturalization shall, before being admitted to citizenship, take an oath in open court (1) to support the Constitution of the United States, (2) of absolute and entire renunciation and abjuration of 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 petitioner was before a citizen or subject, (3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic, and (4) to bear true faith and allegiance to the same, Provided, That in the case of the naturalization of a child under the provisions of section 314 or 315 the naturalization court may waive the taking of such oath if in the opinion of the court the child is too young to understand its meaning. (b) The oath prescribed by subsection (a) of this section which the petitioner for naturalization is required to take shall be in the following form: "I hereby declare on oath that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to --9 of whom (which) I have heretofore been a subject (or citizen); that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion : So help me God. In acknowledgment whereof I have hereunto affixed my signature." (c) In case the person petitioning for naturalization has borne any hereditary title, or has been of any of the orders of nobility in the foreign state from which such petitioner came, the petitioner shall, in addition to complying with the requirements of subsections (a) and (b) of this section, make under oath in open court in the court to which the petition for naturalization is made, an express renunciation of such title or order of nobility, and such renunciation shall be recorded in the court as a part of such proceedings. CERTIFICATE OF NATURALIZATION SEC. 27. That substantially the following forms shall be used in the proceedings to which they relate: * * * "CERTIFICATE OF NATURALIZATION "Number "Petition, volume '(Signature of holder) "Description of holder: Age, height, plexion, ; color, ‒‒‒‒‒ ; color of eyes, 11111 ; ; com ; visible dis ; SEC. 335. A person, admitted to citizenship by a naturalization court in conformity with the provisions of this chapter, shall be entitled upon such admission to receive from the clerk of such court a certificate of naturalization, which shall contain the following information number of petition for naturalization; number of certificate of naturalization; date of naturalization; name, signature, place of residence, autographed photograph, and personal description of the naturalized person, including age, sex, marital status, and country of former nationality; title, venue, and location of the naturalization court; statement that the court, having found that the petitioner intends to reside permanently in the United States, had complied in all re; spects with all of the applicable pro; visions of the naturalization laws of the United States, and was entitled to be admitted a citizen of the United court of States of America, thereupon ordered that the petitioner be admitted as a citizen of the United States of America; attestation of the clerk of the naturalization court; and seal of the court. color of hair, Names, ages, and places of residence of minor children: ; on the of at number city (town), Territory of State or of Columbia), having applied to be admitted a citizen of the United States of America pursuant to law, and the court having found that the petitioner had resided continuously within the United States for at least five years and within the County where the petitioner resided at the time of filing his petition for at least six months immediately preceding the date of the filing of his (her) petition, and that said petitioner intends to reside permanently in the United States, had in all respects complied with the law in relation thereto, and that he was entitled to be so admitted, it was thereupon ordered by the said court that he be admitted as a citizen of the United States of America. "In testimony whereof the seal of said court is hereunto affixed on the day of (Act of June 29, 1906, as amended by sec. 3, act of May 9, 1918; 40 Stat. 548; U. S. C., title 8, sec. 409; and as amended by sec. 9, act of March 2, 1929, by adding sec. 35 thereto; 45 Stat. 1516; U. S. C., title 8, sec. 380b). SEC. 14. * * Each certificate of naturalization issued shall bear upon its face, in a place prepared therefor, the volume number and page number of the petition whereon such certificate was issued, and the volume number and page number of the stub of such certificate (act of June 29, 1906; 34 Stat. 601; U. S. C., title 8, sec. 404). FUNCTIONS AND DUTIES OF CLERKS OF COURTS SEC. 12. That it is hereby made the duty of the clerk of each and every court exercising jurisdiction in naturalization matters under the provisions of this Act to keep and file a duplicate of each declaration of intention made before him and to send to the Immigration and Naturalization Service at Washington, within thirty days after the issuance of a certificate of citizenship, a duplicate of such certificate, and to make and keep on file in his office a stub for each certificate so issued by him, whereon shall be entered a memorandum of all the essential facts set forth in such certificate. It shall also be the duty of the clerk of each of said courts to report to the said Service, within thirty days after the final hearing and decision of the court, the name of each and every alien who shall be denied naturalization, and to furnish to said Service duplicates of all petitions within thirty days after the filing of the same, and certified copies of such other proceedings and orders instituted in or issued out of said court affecting or relating to the naturalization of aliens as may be required from time to time by the said Service. ** * (act of June 29, 1906; 34 Stat. 599; U. S. C., title 8, sec. 400). SEC. 336. (a) It is hereby made the duty of the clerk of each and every naturalization court to administer the oath in the clerk's office to each applicant for a declaration of intention made before such clerk, and to retain the original of such declaration of intention for the permanent files of the court, to forward the duplicate thereof to the Commissioner within thirty days after the close of the month in which such declaration was filed, and to furnish the declarant with the triplicate thereof. (b) It shall be the duty of the clerk of each and every naturalization court to forward to the Commissioner a duplicate of each petition for naturalization within thirty days after the close of the month in which such petition was filed, and to forward to the Commissioner certified copies of such other proceedings and orders instituted in or issued out of said court affecting or relating to the naturalization of persons as may be required from time to time by the Commissioner. |