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Minor resi. dents.
and honorable discharge from, the United States Navy or Marine Corps.
321. Any alien, being under the age of twenty-one U. S. Rev. years, who has resided in the United States three years Stat. § 2167. next preceding his arrival at that age, and who has con
tinued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section two thousand one hundred and sixty-five (three hundred and twenty of this digest); but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States : and he shall in all other respects comply with the laws in regard to naturalization.
322. When any alien, who has complied with the first children of condition specified in section two thousand one hundred
and sixty-five (three hundred and twenty of this digest), Ibid. $ 2168. dies before he is actually naturalized, the widow and
the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed
by law. African
323. The provisions of these statutes shall apply to aliens,
aliens being free white persons, and to aliens of African Ibid. § 2169.
nativity, and to persons of African descent. Residence 324. No alien ashall be admitted to become a citizen of five years who has not for the continued term of five years next necessary Ibid. § 2170.
preceding his admission resided within the United States. Alien 325. No alien who is a native citizen or subject or a enemies not denizen of any country, state, or sovereignty with which admitted.
the United States are at war, at the time of his application, Ibid. § 2171.
shall be then admitted to become a citizen of the United States.
alien decla. rant.
aliens to be citizens.
Ibid. § 2174.
326. The children of persons who have been duly Children of naturalized under any law of the United States, or who,
naturalized previous to the passing of any law on that subject by the government of the United States, may have become citi- U.S. Rev. zens of any one of the states, under the laws thereof, being Stat. $ 2172. under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are or have been citizens of the United States shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof.
327. Every seaman, being a foreigner, who declares Naturalizahis intention of becoming a citizen of the United States in tion of seaany competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchantvessel of the United States, anything to the contrary in any act of congress notwithstanding, but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.
In addition to the powers exercised by the United States district and circuit courts are the following:
328. No police, district, or municipal court shall exercise jurisdiction in the naturalization of aliens unless it has inferior a clerk, duly appointed by the governor.
1892, c. 348. 329. Primary declarations of intention of aliens to be- Primary come citizens of the United States may be filed in the
applica supreme judicial court and the superior court, and in dis- 1891, C. 180.
Naturaliza tion in
trict, police and municipal courts having jurisdiction of naturalization, at any time, and the requisite oath administered by the clerk at the time of such filing. A record
of the same shall be entered in the docket of the court. Naturaliza. 330. The supreme judicial court, the superior court, tion of
district, police and municipal courts having common-law aliens by courts hav. jurisdiction, a seal and a clerk, may respectively have ing com jurisdiction of primary declarations of intention of aliens to mon-law become citizens of the United States, and final applicajurisdic.
tions for naturalization of aliens : provided, however, that tion, a seal, and a clerk. no declaration or application shall be received by the Proviso. supreme judicial or superior court unless the applicant 1891, C. 419. resides in the county within which the court is held, nor
by any district, police, or municipal court, unless the applicant resides in the district for which the court is established; but if the applicant does not reside in the district of any district, police, or municipal court having a seal and a clerk, he may make application to that one of such courts which is held nearest to the town in which he resides.
331. Final applications for naturalization in any court to be had on of the Commonwealth may be filed in the said courts in stated days
term time or vacation ; but final action thereon shall be had or during regular
only on stated days or during the regular terms of the
court. Every application shall be entered upon the docket 1885, C. 345, of the court and shall be filed at least fourteen days be$ 2.
fore final action thereon. Such application shall contain Application
the name, age and occupation of the applicant, and the name, age, name of the street and number of the house in which he residence, resides, and the names of the persons whom he intends to
summon as witnesses at his final hearing, together with applicant.
the number and street of the residences of such witnesses : provided, that in applications where the number and street, as required aforesaid, cannot be given, the place of residence shall be described with sufficient accuracy for
identification. Applicant 332. Every applicant for naturalization shall give notice to notify
of his application to the clerk of the city or town in which city or town
he resides at least fourteen days before final hearing on
his petition, which notice shall also contain his full name, least fourage, occupation and residence. It shall be the duty of teen days every such clerk to make a complete record of all such
hearing. notices in a form convenient for public inspection, and to 1885, c. 345, give to each applicant who has given such notice a certifi- $ 3. cate that the provisions of this section have been complied with, and said certificates shall be filed by the applicant in the court in which his petition is pending before final action is had thereon.
333. The clerk of each city and town shall, within Clerk to seven days from the receipt of the notice prescribed in the post name, preceding section, post in at least two public places in such etc., of city or town the date of receipt of notice, the name of the
two public applicant, his age, occupation, residence and court in places. which his petition is pending, on lists with blank forms Ibid. $ 4. containing the following headings:
turn to the
334. A record of every application for naturalization Clerk to and the action thereon, the names of the witnesses and keep record,
and make their residences, shall be kept by the clerk of each court
annual re. and a return made annually, on or before the first day of February of each year, to the secretary of the Common- secretary of wealth, of the name, age, occupation and residence of the Com. every person naturalized prior to the first day of the pre
Ibid. & 5. ceding January, the date of the naturalization, also the
1997, c. 36. names of the witnesses and their residences; and the returns so made shall be kept by the secretary in form convenient for reference.
Fees of clerks of cities and
335. The fees of clerks of all courts under the provisions of chapter three hundred and forty-five of the acts of eighteen hundred and eighty-five shall be as follows: For receiving the primary declaration or application for the naturalization of aliens, one dollar. For the final declaration or application for the naturalization of aliens, two
dollars. For making out the papers for either of said Fees to be declarations, one dollar. All fees received by clerks of all paid over
courts of the Commonwealth in naturalization cases shall of county
be accounted for and paid over by said clerks semi-annually to the treasurers of their respective counties, and such county treasurers shall pay the same to the treasurers of county law libraries; the same to be in addition to the sums which such associations are now entitled to receive by law. No primary or final certificate shall issue until the fees provided for in this act are first paid. The fee of clerks of cities and towns for the record, posting notice, and certificate under the provisions of this act shall be
fifty cents. Penalty. 336. A clerk or other person who records or files such Ibid. § S. notice, application, or declaration, or issues a certificate in
violation of the provisions of this act, shall be punished
by a fine of twenty-five dollars. Repeal. 337. Sections eight, ten and eleven of chapter one hun
dred and sixty of the Public Statutes are hereby repealed : provided, that such repeal shall not affect or apply to proceedings begun or applications pending in any court under the provisions of said sections.
338. The justices of a police, district, or municipal
court, when sitting for naturalization, may designate a cerattending
tain number, not exceeding two, of the constables of the Ibid. § 10. city or town, or deputies of the sheriff of the county within
which the session is held, to attend the court, whose fees shall be the same as by law are provided for attending the superior court, and shall be approved and paid by the county like costs in criminal cases.
Ibid. $ 9.
Fees of officers