supply upon surrender of the incorrect certificate and submission of photographs. The surrendered certificate shall be marked "Spoiled" and transmitted to the district director with the duplicate copy of the new certificate attached to the monthly report of the clerk on Form N-4. The original of the new certificate shall be delivered to the naturalized person.

[22 FR 9825, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 35 FR 10497, June 27, 1970]

PART 339—FUNCTIONS AND DUTIES OF CLERKS OF NATURALIZATION COURTS

Sec.

339.1 Administration of oath to declarations of intention and petitions for naturalization.

339.2 Monthly reports. 339.3 Relinquishment of naturalization ju

risdiction.

339.4 Binding of naturalization records. 339.5

Numbering and indexing and filing of petitions for naturalization and declaration of intention.

AUTHORITY: Secs. 103, 332, 339, 344, 66 Stat. 173, 252, 259, 264; 8 U.S.C. 1103, 1443, 1450, 1455.

SOURCE: 22 FR 9825, Dec. 6, 1957, unless otherwise noted.

§ 339.1 Administration of oath to declarations of intention and petitions for naturalization.

It shall be the duty of every clerk of a naturalization court to administer the required oath or affirmation to each applicant for a declaration of intention. The clerk shall receive and file petitions and administer the required oaths or affirmations to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have executed the petition before a designated examiner.

[37 FR 2767, Feb. 5, 1972]

§ 339.2 Monthly reports.

Clerks of court shall on the first day of each month submit to the district director having administrative jurisdiction over the place in which the court is located, a report on Form N-4, in duplicate, listing all declarations of intention and petitions for naturaliza

tion filed and all certificates of naturalization issued or spoiled during the preceding month, in accordance with the instructions contained in Form N4. When at any time during the month the aggregate number of petitions and declarations filed reaches 100 the clerk shall on request of the district director forthwith forward such reports in accordance with the provisions of this section. The report shall be accompanied by all duplicate copies of declarations of intention and applications therefor on Forms N-300; by all duplicates of petitions for naturalization not previously delivered to a representative of the Service, and all duplicates of certificates of naturalization with stubs intact. The clerk of court shall show opposite the number of each petition in which the petitioner is exempt from payment of a naturalization fee under section 344(h) of the Immigration and Nationality Act or the Act of October 24, 1968, the letter "M". Opposite the name of each such case and at the bottom of the petition, the notation "No fee" shall be inserted. Void petitions shall be listed separately on Form N-4 and on Form N-7 and so indicated on such forms. The clerk of court shall show on Form N-4 the inclusive numbers of all petitions filed, and list individually by name and number in the spaces provided therein all petitions filed during the month. In lieu of forwarding duplicate petitions to the Service with his report on Form N-4, the clerk may deliver the petitions to the examiner immediately after filing.

[22 FR 9825, Dec. 6, 1957, as amended at 32 FR 9635, July 4, 1967; 33 FR 17137, Nov. 19, 1968]

§ 339.3 Relinquishment of naturalization

jurisdiction.

Whenever a court relinquishes naturalization jurisdiction, the clerk of court shall, within ten days following the date of relinquishment, furnish the district director having administrative jurisdiction over the place in which the court is located, a certified copy of the order of court relinquishing jurisdiction. A representative of the Service shall thereafter examine the naturalization records in the office of the clerk of court and shall bind

five inch card drawer. The original certificate shall be delivered to the petitioner. The duplicate copies of the certificates shall not be separated from their stubs and shall be forwarded to the appropriate office of the Immigration and Naturalization Service with all other duplicate papers in accordance with Part 339 of this chapter.

§ 338.12 Endorsement in case name is changed.

Whenever the name of a petitioner has been changed by order of court as a part of a naturalization, the clerk of court or his authorized deputy shall make, date, and sign the following endorsement on the reverse side of the original and duplicate of the certificate of naturalization: “Name changed by decree of court from ----, as a part of the naturalization," inserting in full the original name of the petitioner. A similar notation shall be made on the stubs of the original and duplicate certificate. The certificate of naturalization shall be issued and the stub of the original thereof signed by the petitioner in the name as changed. [22 FR 9824, Dec. 6, 1957, as amended at 35 FR 10497, June 27, 1970]

§ 338.13 Spoiled certificate.

Whenever a certificate of naturalization is damaged, mutilated, defaced, or otherwise spoiled before delivery by the clerk, the original and duplicate, with stubs intact, shall be marked "Spoiled" and transmitted to the appropriate immigration and naturalization office, in the manner described in § 339.2 of this chapter, with the monthly report of the clerk on Form N-4.

§ 338.14 Delivery of certificates.

No certificate of naturalization shall be delivered by the clerk of court in any case in which the representative of the Service in attendance at the final naturalization hearing notifies the clerk of court that the naturalized person has not surrendered his alien registration receipt card. Upon subsequent receipt of notice from the district director that he has waived the surrender of the card or that the card has been surrendered, the certificate

shall be delivered by the clerk of court.

§ 338.15 Signing of certificate.

If a child who has been admitted to citizenship under section 322 or section 323 of the Act is unable to sign his name, the certificate of naturalization shall be signed by a petitioning parent, whether natural or adoptive, as may be appropriate, and the signature shall read "(name of naturalized child) by (name of petitioning parent signing)". A naturalized person whose petition was signed by him in a foreign language may sign his certificate of naturalization in the same manner.

[22 FR 9825, Dec. 6, 1957, as amended at 25 FR 10495, Nov. 2, 1960]

§ 338.16 Correction of certificates.

Whenever a certificate of naturalization has been delivered which does not conform to the facts shown on the petition for naturalization, or a clerical error was made in preparing the certificate, an application on Form N-458 may be made by the naturalized person to the district director exercising jurisdiction over the place in which the court is located to authorize the correction of the certificate. If the district director finds that a correction is justified and can be made without mutilating the certificate, he shall authorize the clerk of the issuing court or his authorized deputy on Form N459, in duplicate, to make the necessary correction and to place a dated endorsement on the reverse of the certificate, over his signature and the seal of the court, explaining the correction. The authorization shall be filed with naturalization record, the corrected certificate returned to the naturalized person and the duplicate Form N-459 shall be endorsed to show the date and nature of the correction and endorsement made, and returned to the district director. No fee shall be charged the naturalized person for the correction. The district director shall forward such duplicate to the official Service file. When a correction would or does result in mutilation of a certificate, the district director may authorize the clerk of court, with the consent of the naturalized person, to issue without fee a new certificate from his

supply upon surrender of the incorrect certificate and submission of photographs. The surrendered certificate shall be marked "Spoiled" and transmitted to the district director with the duplicate copy of the new certificate attached to the monthly report of the clerk on Form N-4. The original of the new certificate shall be delivered to the naturalized person.

[22 FR 9825, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 35 FR 10497, June 27, 1970]

PART 339-FUNCTIONS AND DUTIES OF CLERKS OF NATURALIZATION COURTS

Sec.

339.1 Administration of oath to declarations of intention and petitions for naturalization.

339.2 Monthly reports. 339.3 Relinquishment of naturalization ju

risdiction.

339.4 Binding of naturalization records. 339.5

Numbering and indexing and filing of petitions for naturalization and declaration of intention.

AUTHORITY: Secs. 103, 332, 339, 344, 66 Stat. 173, 252, 259, 264; 8 U.S.C. 1103, 1443, 1450, 1455.

SOURCE: 22 FR 9825, Dec. 6, 1957, unless otherwise noted.

§ 339.1 Administration of oath to declarations of intention and petitions for naturalization.

It shall be the duty of every clerk of a naturalization court to administer the required oath or affirmation to each applicant for a declaration of intention. The clerk shall receive and file petitions and administer the required oaths or affirmations to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have executed the petition before a designated examiner.

[37 FR 2767, Feb. 5, 1972]

§ 339.2 Monthly reports.

Clerks of court shall on the first day of each month submit to the district director having administrative jurisdiction over the place in which the court is located, a report on Form N-4, in duplicate, listing all declarations of intention and petitions for naturaliza

tion filed and all certificates of naturalization issued or spoiled during the preceding month, in accordance with the instructions contained in Form N4. When at any time during the month the aggregate number of petitions and declarations filed reaches 100 the clerk shall on request of the district director forthwith forward such reports in accordance with the provisions of this section. The report shall be accompanied by all duplicate copies of declarations of intention and applications therefor on Forms N-300; by all duplicates of petitions for naturalization not previously delivered to a representative of the Service, and all duplicates of certificates of naturalization with stubs intact. The clerk of court shall show opposite the number of each petition in which the petitioner is exempt from payment of a naturalization fee under section 344(h) of the Immigration and Nationality Act or the Act of October 24, 1968, the letter "M". Opposite the name of each such case and at the bottom of the petition, the notation "No fee" shall be inserted. Void petitions shall be listed separately on Form N-4 and on Form N-7 and so indicated on such forms. The clerk of court shall show on Form N-4 the inclusive numbers of all petitions filed, and list individually by name and number in the spaces provided therein all petitions filed during the month. In lieu of forwarding duplicate petitions to the Service with his report on Form N-4, the clerk may deliver the petitions to the examiner immediately after filing.

[22 FR 9825, Dec. 6, 1957, as amended at 32 FR 9635, July 4, 1967; 33 FR 17137, Nov. 19, 1968]

§ 339.3 Relinquishment of naturalization

jurisdiction.

Whenever a court relinquishes naturalization jurisdiction, the clerk of court shall, within ten days following the date of relinquishment, furnish the district director having administrative jurisdiction over the place in which the court is located, a certified copy of the order of court relinquishing jurisdiction. A representative of the Service shall thereafter examine the naturalization records in the office of the clerk of court and shall bind

five inch card drawer. The original certificate shall be delivered to the petitioner. The duplicate copies of the certificates shall not be separated from their stubs and shall be forwarded to the appropriate office of the Immigration and Naturalization Service with all other duplicate papers in accordance with Part 339 of this chapter.

§ 338.12 Endorsement in case name is changed.

Whenever the name of a petitioner has been changed by order of court as a part of a naturalization, the clerk of court or his authorized deputy shall make, date, and sign the following endorsement on the reverse side of the original and duplicate of the certificate of naturalization: "Name changed by decree of court from ---, as a part of the naturalization," inserting in full the original name of the petitioner. A similar notation shall be made on the stubs of the original and duplicate certificate. The certificate of naturalization shall be issued and the stub of the original thereof signed by the petitioner in the name as changed. [22 FR 9824, Dec. 6, 1957, as amended at 35 FR 10497, June 27, 1970]

§ 338.13 Spoiled certificate.

Whenever a certificate of naturalization is damaged, mutilated, defaced, or otherwise spoiled before delivery by the clerk, the original and duplicate, with stubs intact, shall be marked "Spoiled" and transmitted to the appropriate immigration and naturalization office, in the manner described in § 339.2 of this chapter, with the monthly report of the clerk on Form N-4.

§ 338.14 Delivery of certificates.

No certificate of naturalization shall be delivered by the clerk of court in any case in which the representative of the Service in attendance at the final naturalization hearing notifies the clerk of court that the naturalized person has not surrendered his alien registration receipt card. Upon subsequent receipt of notice from the district director that he has waived the surrender of the card or that the card has been surrendered, the certificate

shall be delivered by the clerk of court.

§ 338.15 Signing of certificate.

If a child who has been admitted to citizenship under section 322 or section 323 of the Act is unable to sign his name, the certificate of naturalization shall be signed by a petitioning parent, whether natural or adoptive, as may be appropriate, and the signature shall read "(name of naturalized child) by (name of petitioning parent signing)". A naturalized person whose petition was signed by him in a foreign language may sign his certificate of naturalization in the same manner.

[22 FR 9825, Dec. 6, 1957, as amended at 25 FR 10495, Nov. 2, 1960]

§ 338.16 Correction of certificates.

Whenever a certificate of naturalization has been delivered which does not conform to the facts shown on the petition for naturalization, or a clerical error was made in preparing the certificate, an application on Form N-458 may be made by the naturalized person to the district director exercising jurisdiction over the place in which the court is located to authorize the correction of the certificate. If the district director finds that a correction is justified and can be made without mutilating the certificate, he shall authorize the clerk of the issuing court or his authorized deputy on Form N459, in duplicate, to make the necessary correction and to place a dated endorsement on the reverse of the certificate, over his signature and the seal of the court, explaining the correction. The authorization shall be filed with naturalization record, the corrected certificate returned to the naturalized person and the duplicate Form N-459 shall be endorsed to show the date and nature of the correction and endorsement made, and returned to the district director. No fee shall be charged the naturalized person for the correction. The district director shall forward such duplicate to the official Service file. When a correction would or does result in mutilation of a certificate, the district director may authorize the clerk of court, with the consent of the naturalized person, to issue without fee a new certificate from his

supply upon surrender of the incorrect certificate and submission of photographs. The surrendered certificate shall be marked "Spoiled" and transmitted to the district director with the duplicate copy of the new certificate attached to the monthly report of the clerk on Form N-4. The original of the new certificate shall be delivered to the naturalized person.

[22 FR 9825, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 35 FR 10497, June 27, 1970]

PART 339-FUNCTIONS AND DUTIES OF CLERKS OF NATURALIZATION COURTS

Sec.

339.1 Administration of oath to declarations of intention and petitions for naturalization.

339.2 Monthly reports. 339.3 Relinquishment of naturalization ju

risdiction.

339.4 Binding of naturalization records. 339.5 Numbering and indexing and filing of petitions for naturalization and declaration of intention.

AUTHORITY: Secs. 103, 332, 339, 344, 66 Stat. 173, 252, 259, 264; 8 U.S.C. 1103, 1443, 1450, 1455.

SOURCE: 22 FR 9825, Dec. 6, 1957, unless otherwise noted.

§ 339.1 Administration of oath to declarations of intention and petitions for naturalization.

It shall be the duty of every clerk of a naturalization court to administer the required oath or affirmation to each applicant for a declaration of intention. The clerk shall receive and file petitions and administer the required oaths or affirmations to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have executed the petition before a designated examiner.

[37 FR 2767, Feb. 5, 1972]

§ 339.2 Monthly reports.

Clerks of court shall on the first day of each month submit to the district director having administrative jurisdiction over the place in which the court is located, a report on Form N-4, in duplicate, listing all declarations of intention and petitions for naturaliza

tion filed and all certificates of naturalization issued or spoiled during the preceding month, in accordance with the instructions contained in Form N4. When at any time during the month the aggregate number of petitions and declarations filed reaches 100 the clerk shall on request of the district director forthwith forward such reports in accordance with the provisions of this section. The report shall be accompanied by all duplicate copies of declarations of intention and applications therefor on Forms N-300; by all duplicates of petitions for naturalization not previously delivered to a representative of the Service, and all duplicates of certificates of naturalization with stubs intact. The clerk of court shall show opposite the number of each petition in which the petitioner is exempt from payment of a naturalization fee under section 344(h) of the Immigration and Nationality Act or the Act of October 24, 1968, the letter "M". Opposite the name of each such case and at the bottom of the petition, the notation "No fee" shall be inserted. Void petitions shall be listed separately on Form N-4 and on Form N-7 and so indicated on such forms. The clerk of court shall show on Form N-4 the inclusive numbers of all petitions filed, and list individually by name and number in the spaces provided therein all petitions filed during the month. In lieu of forwarding duplicate petitions to the Service with his report on Form N-4, the clerk may deliver the petitions to the examiner immediately after filing.

[22 FR 9825, Dec. 6, 1957, as amended at 32 FR 9635, July 4, 1967; 33 FR 17137, Nov. 19, 1968]

§ 339.3 Relinquishment of naturalization

jurisdiction.

Whenever a court relinquishes naturalization jurisdiction, the clerk of court shall, within ten days following the date of relinquishment, furnish the district director having administrative jurisdiction over the place in which the court is located, a certified copy of the order of court relinquishing jurisdiction. A representative of the Service shall thereafter examine the naturalization records in the office of the clerk of court and shall bind