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his stead in the contingencies named in the act. 'His signature as recorder is sufficient evidence of his right to act instead of the judge.' When thus acting in a judicial capacity, exercising the powers and performing the duties of the judge, the recorder is the court, and must personally make, keep, and authenticate the records of the court. The recorder's court has no clerk other than the recorder himself.”
The declaration of intention must be made in the clerk's office, or in open court.
b. As to Petition for Naturalization.
The petition of an applicant for naturalization must be subscribed and sworn to before the clerk of the court to which it is addressed. Sec. 27, Act of 1906.
The petitions for naturalization shall be bound in chronological order in separate volumes, indexed, consecutively numbered, and made part of the records of the court. 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.* Sec. 14, Act of June 29, 1906.
The clerk of any court exercising jurisdiction in naturalization proceedings, or any person acting under authority of this act, who shall knowingly certify that a petitioner, affiant, or witness named in an affidavit, petition, or certificate of citizenship, or other paper or writing required to be executed under the provisions of this act, 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, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not to exceed five years. Sec. 22, Act of June 29, 1906.
*The original of the petitions for naturalization will be furnished in bound volumes of varying size, paged in consecutive order and indexed. The duplicate petitions will be furnished as loose sheets and must be forwarded to the Bureau of Immigration and Naturalization (Division of Naturalization) within thirty days after execution. The original petitions for naturalization must be filled out and signed in the bound volumes, and remain as a part of the permanent records of the office in which filed.
If an alien is physically unable to speak, that fact should be stated in his petition for naturalization in lieu of the statement, “I am able to speak the English language.”
The clerk shall receive and file at the time the petition for naturalization is filed a certificate from the Department of Commerce and Labor (if the petitioner arrives in the United States after the passage of the Act of June 29, 1906), stating the date, place and manner of his arrival in this country, and the declaration of intention, which certificate and declaration shall be attached to and made a part of the petition.
c. As to Notice of Petition.
Immediately after filing the petition the clerk of the court shall give notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading, the name, nativity and residence of the alien, the date and place of his arrival in the United States, and the date as nearly as may be, for the final hearing of his petition, and the names of the witnesses whom the applicant expects to summon in his behalf. Sec. 5, Act of 1906.*
See Notice p. 92, post. *Within thirty days after posting the notice required by Sec. 5, the clerk shall inform the Bureau of Immigration and Naturalization of the date, as near as may be, for the final hearing of each and every petition for naturalization. Nat. Reg. of Oct. 2, 1906.
The clerk shall, if the applicant requests it, issue a subpæna for the witnesses named by the applicant to appear upon the day set for the final hearing. Sec. 5.
e. As to Docketing Petitions.
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. Sec. 6.
f. As to Duplicates of Petitions.
It shall be the duty of the clerk of the court to furnish to the Bureau of Naturalization duplicates of all petitions within thirty days after the filing of the same. Sec. 12.
g. As to Final Hearing.
The clerk shall enter in full upon a record kept for that purpose every final order which may be made upon a petition for naturalization. Sec. 9.
h. As to Aliens Denied Naturalization.
It shall be the duty of the clerk to report to the Bureau of Naturalization within thirty days after the final hearing and decision of the court the name of each and every alien who shall be denied naturalization. Sec. 12, Act of 1906.*
i. As to Certificates of Citizenship.
(A) Blank Certificates. Upon the requisition of clerks of courts authorized to naturalize aliens, the courts shall be furnished from time to time by the Bureau of Naturalization with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be consecutively numbered and printed on safety paper furnished by said bureau. Sec. 3, par. 4.
*Within thirty days after the sitting of a court in naturalization cases, the clerk of such court shall forward to the Bureau of Immigration and Naturalization, a list containing the name of each and every alien who, during such sitting of court, has been denied naturalization, and the reason or reasons for such denial. Nat. Reg. of Oct. 2, 1906.
The first supply of blank forms will be furnished upon the written application of the clerks of courts having jurisdiction to naturalize aliens, accompanied, in the case of clerks of state courts, by authoritative evidence (preferably the certificate of the attorney-general of the state) that the courts of which such clerks are officers have “a seal, a clerk, and iurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.” Subsequent supplies of such blank forms will be furnished the clerks of courts having jurisdiction to naturalize aliens upon the receipt by the Bureau of Immigration and Naturalization (Division of Naturalization) of requisitions. Nat. Reg. of Oct. 2, 1906.
Clerks of courts will be furnished with requisition blanks on which are listed, by number and title, all blank forms, including record and order books, to be used in the naturalization of aliens, and these forms must be obtained exclusively from the Department of Commerce and Labor (Division of Naturalization), none other being official. Manila envelopes or jackets will be furnished to clerks in which to place the triplicate declaration of intention or the original certificate of naturalization before delivering them to the person making the declaration or to the person naturalized. Nat. Reg. Oct. 2, 1906.
All applications for supplies of certificates of naturalization should be accompanied by a statement of the number, if any, of certificates of naturalization issued by the clerks of courts making such applications since June 1, 1903, if such certificates failed to comply with the requirements of the immigration act of March 3, 1903. Id.
Certificates of naturalization will be supplied in bound volumes consisting of original and duplicate certificates and stubs. Each original and duplicate certificate and the stub will be given the same serial number, the stub to the original certificate bearing a page number in addition to its serial number. Each book will bear a volume number, and the volume number and page of the stub must be given on the face of the certificate. The original certificate will be given to the petitioner in accordance with the final order of the court, and the duplicate shall be forwarded to the Bureau of Immigration and Naturalization (Division of Naturalization) by registered mail within thirty days after the issuance of the original, the stub to the original constituting a part of the permanent records of the court. Nat. Reg. Oct. 2, 1906.
Clerks of courts having and exercising jurisdiction in naturalization matters shall be responsible for all blank certificates of citizenship received by them from time to time from the Bureau of Naturalization, and shall account for the same to the said Bureau whenever required so to do by the Bureau. Sec. 12, par. 3.
(B) Defaced or Injured Certificates. No certificate of citizenship received by any clerk which may be defaced or injured in such manner as to prevent its use as provided in the Act of June 29, 1906, shall in any case be destroyed, but such certificate shall be returned to the said bureau.
(C) Accountability for Certificates. In case any clerk shall fail to return or properly account for any certificate furnished by the said bureau as provided by law, he shall be liable to the United States in the sum of fifty dollars to be recovered in an action of debt for each and every certificate not properly accounted for or returned. Sec. 12, par. 3.