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250. SEC. 13. And be it further enacted, That if any person shall falsely make, forge, Penalty for forging certificate of or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, any citizenship. certificate or evidence of citizenship referred to in this act; or shall pass, utter, or use as true, any false, forged, or counterfeited certificate of citizenship; or shall make sale or dispose of any certificate of citizenship to any person other than the person for whom it was originally issued, and to whom it may of right belong, every such person shall be deemed and adjudged guilty of felony; and on being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not less than three, or more than five years, or be fined in a sum not less than five Felony. hundred dollars, nor more than one thousand dollars, at the discretion of the court taking cognizance thereof.

Act supplementary to former Acts.

Approved, July 30th, 1818.

in 1812.

251. SECTION 1. That persons resident within the United States, or the territories Aliens resident thereof, on the 18th day of June, in the year 1812, who had before that day made a declaration according to law of their intentions to become citizens of the United States, or who by the existing laws of the United States were on that day entitled to become citizens without making such declaration, may be admitted to become citizens thereof notwithstanding they shall be alien enemies at the time, and in the manner prescribed

enemies.

by the laws heretofore passed on that subject; provided, that nothing herein contained Proviso as to shall be taken or construed to interfere with, or prevent the apprehension and removal, removal of alien agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.

Act relative to evidence in cases of Naturalization.

Approved, March 22d, 1816.

[Section 1 repealed by Act of May 24th, 1828.]

Proviso in favor

dent in 1802.

certificate of declaration.

252. SECTION 2. Provided, and be it enacted, That nothing herein contained shall be construed to exclude from admission to citizenship any free white person who was of persons resiresiding within the limits and under the jurisdiction of the United States at any time between the 18th day of June, 1798, and the 14th day of April, 1802, and who having continued to reside therein without having made any declaration of intention before a court of record as aforesaid, may be entitled to become a citizen of the United States according to the act of the 26th of March, 1804, entitled "An act in addition to an act, entitled 'An act to establish a uniform rule of naturalization, and to repeal the acts heretofore passed on that subject.'" Whenever any person without a certificate of Proof without such declaration of intention, as aforesaid, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court that the applicant was residing within the limits and under the jurisdiction of the United States before the 14th day of April, 1802, and has continued to reside within the same, or he shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens(*) of the United States, which citizens shall be named in the record as witnesses. And such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant, otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.

Act in further addition to former Acts.

Approved, May 26th, 1824.

resident.

253. SECTION 1. That any alien, being a free white person, and a minor, under the Alien minors age of twenty-one years, who shall have resided in the United States three years next preceding his arriving at the age of twenty-one years, and who shall have continued 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 shall have 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 the first section of the act to which this is in addition, three years previous to his admission; provided such alien shall make the declaration re- Proviso in regard to quired therein at the time of his or her admission, and shall further declare on oath, declaration. (*) More than one witness seems to be required. See 7 Hill (New York), 137.

Certificates heretofore obtained valid.

Declarations of

Declaration of

and prove to the satisfaction of the court, that for three years next preceding, it ha been the bona fide intention of such alien to become a citizen of the United State and shall, in all other respects, comply with the laws in regard to naturalization.

254. SEO. 2. And be it further enacted, That no certificates of citizenship or natu ralization heretofore obtained from any court of record within the United States sha be deemed invalid in consequence of an omission to comply with the requisition of th first section of the act entitled "An act relative to evidence in case of naturalization, passed the 22d day of March, 1816.

255. SEC. 3. And be it further enacted, That the declaration required by the fir intention valid. condition, specified in the first section of the act to which this is in addition, shall, i the same has been bona fide made before the clerks of either of the courts in the sai condition named, be as valid as if it had been made before the said courts respectively 256. SEC. 4. And be it further enacted, That a declaration by an alien, being free white person, of his intended application to be admitted a citizen of the Unite States, made in the manner and form prescribed in the first condition specified in th first section of the act to which this is in addition, two years before his admission, shal be a sufficient compliance with said condition; anything in the said act or in any sub sequent act to the contrary, notwithstanding.

intention two years before

admission

sufficient.

Aliens resident in 1812.

Proviso as to

proof where no certificate of declaration.

Aliens enlisted United States armies and honorably discharged, entitled to naturalization.

One year's residence.

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[Section 1 repeals sec. 2 of Act of April 14th, 1802, and sec. 1 of Act of March 22d, 1816.] 257. SECTION 2. And be it further enacted, That any alien, being a free white person who was residing within the limits and under the jurisdiction of the United States between the 14th day of April, 1802, and the 18th day of June, 1812, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without having made any previous declaration of his intention to become a citizen; provided, that whenever any person, without a certificate of such declaration of his intention, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court that the applicant was residing within the limits and under the jurisdiction of the United States before the 18th day of June, 1812, and has continued to reside within the same, or he shall not be so admitted; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States, which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years as aforesaid, shall be stated and set forth, together with the names of such citizens in the record of the court admitting the applicant, otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.

Act to define pay and emoluments of certain officers of the army, and for other purposes.
Approved, July, 17th, 1862.

258. SECTION 21. Any alien, of the age of twenty-one years and upwards, who has enlisted, or shall enlist in the armies of the United States, either the regular or the volunteer forces, and has been or shall be hereafter honorably discharged, may be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become a citizen of the United States, and he shall not be required to prove more than one year's residence within the United States previous to his application to become a citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character as is now provided by law, be satisfied by competent proof of such person having been honorably discharged from the service of the United States as aforesaid.

48

Authentication of Public Acts, Kecords, and Judicial Proceedings, as between

the States.

An Act to prescribe the mode in which the Public Acts, Records, and Judicial Proceedings in each State shall be authenticated so as to take effect in every other State.

Approved, May 26th, 1790.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

tures.

259. SECTION 1. That the acts of the legislatures of the several states shall be au- Acts of legislathenticated by having the seal of their respective states affixed thereto. The records Records and and judicial proceedings of the courts of any state shall be proved or admitted in any judicial proceedings. other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with the certificate of the judge, chief justice or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them, in every court within the United States, as they have, by law or usage, in the courts of the state from whence the said records are or shall be taken.(*)

Act supplementary to the above Act.

Approved, March 27th, 1804.

260. SECTION 1. That from and after the passage of this act, all records and exem- Office books not plifications of office-books, which are or may be kept in any public office of any state judicial. not appertaining to a court, shall be proved or admitted in any other court or office in any other state, by the attestation of the keeper of said records or books, and the seal of his office thereto annexed, if there be a seal, together with the certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept, or of the governor, the secretary of state, the chancellor, or the keeper of the great seal of the state, that the said attestation is in due form and by the proper officer; and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.

territories.

SEO. 2. All the provisions of this act, and the act to which this is a supplement, Acts, records and shall apply as well to the public acts, records, office-books, judicial proceedings, courts office books of and officers of the respective territories of the United States, and countries subject to the jurisdiction of the United States, as to the public acts, records, office-books, judicial proceedings, courts and offices of the several states.

Act to amend Act for authenticating certain Records.

Approved, March 2d, 1849.

261. SECTION 1. That it may and shall be lawful for the keepers or persons having Laws, judg. the custody of laws, judgments, orders, decrees, journals, correspondence, or other ments, orders, decrees, journals, public documents of any foreign government or its agents, relating to the title to &c., of foreign government lands claimed by or under the United States, on the application of one of the heads of one of the departments, the solicitor of the treasury, or the commissioner of the general land office, to authenticate the same under his hand and seal, and certify the same to be correct and true copies of such laws, judgments, orders, decrees, journals, cor

(*) A certificate of exemplification of a judgment rendered in another state, when attested by the clerk under the seal of the court, and when the presiding judge of the court certifies that the attestation is in due form of law, is sufficient to sustain an action upon the judgment in another state, Thompson vs. Marrow, 1 Cal. 428.

It is only necessary that the certificate should state the main facts which are made necessary by the Act, when the offices of judge and clerk are both vested in one person (as in the case of the surrogate's court in the City and County of New York), Low vs. Burrows, 12 Cal. 181.

of solicitor of treasury.

respondence, or other public documents; and when the same shall be certified by an Record in office American minister or consul, under his hand and seal of office, or by a judge of one of the United States courts under his hand and seal, to be true copies of the originals, the same shall be sealed up by him and returned to the solicitor of the treasury, who shall file the same in his office, and cause it to be recorded in a book to be kept for that purpose. A copy of said laws, judgments, orders, decrees, journals, correspondence, or other public documents so filed, or of the same so recorded in said book, may be read in evidence in all courts, where the title to land claimed by or under the United States may come into question, equally with the originals thereof.

50

STATUTES OF CALIFORNIA.

Adulteration of Liquors and Food.

An Act to prohibit the sale and disposal of adulterated spirituous or alcoholic liquors, wines,
or cider.
Approved, April 14th, 1860, 186.

262. SECTION 1. Any person or persons who shall, after the passage of this act, incorporate or intermix any drug or poisonous compound, or any other thing deleterious to health, with any alcoholic or spirituous liquor, wine, beer or cider, or any liquid used as a beverage, or who shall cause or procure the same to be done, or who shall import, sell, or dispose of, in any way, or give for use any alcoholic or spirituous liquor, wine, beer, or cider, or other liquid used as a beverage, knowing the same to have been adulterated, mixed, or compounded, as aforesaid, or who shall sell, give, or dispose, of any recipe for the adulteration, compounding, or incorporation, of any drug or poisonous compound, or other thing deleterious to health, with any alcoholic or spirituous liquor, wine, beer, or cider, or other liquor or beverage, shall, upon conviction thereof, before any court of competent jurisdiction, be fined, for each offence, in any sum not less than twenty-five dollars, nor more than five hundred dollars, to which shall be added the same fees and costs as are taxed and allowed in other criminal cases. 263. SEC. 2. Upon affidavit being made before any justice of the peace that the party making such affidavit, has reason to believe that adulterated alcoholic or spirituous liquors, wines, cider, beer, or other liquid used as a beverage, are being imported, manufactured, or sold, as described in the first section of this act, an order shall be issued authorizing the seizure by any officer or by the State gauger, and it is hereby made their duty to seize any amount, not exceeding one gallon of the liquor or other liquid, as aforesaid, for the purpose of testing the same, and the testimony of any competent chemist or examiner shall be received in any trial arising under the provisions of this act.

Drugs or poisonous compounds in liquors or beverages.

Fine.

Affidavit.

Seizure.

Test.

adulterators.

264. SEC. 3. No person or persons convicted under this act shall ever be permitted Disabilities of again to import, sell, or dispose, of any alcoholic or spirituous liquors, wines, cider, beer, or other liquid, used as a beverage in this State; and no license to carry on such business shall ever be issued to such convicted party or parties.

265. SEC. 4. In every judgment of conviction 'under section one of this Act, it shall Judgment. be made a part of the judgment that, in case default be made in the payment of the judgment and costs, the defendant, or person or persons convicted by such judgment, shall be imprisoned in the common jail of the county for any number of days, at the rate of one day for every two dollars of the judgment and costs, not, however, exceeding in all six months.

Imprisonment.

fines.

266. SEC. 5. All sums of money collected under judgments for violations of the Collection and provisions of this act, shall be collected as other judgments in criminal cases are now appropriation of collected, and shall be paid into the county treasury of the county where such judgment was obtained, and shall be set apart to, and for the use of, the common school fund of such county.

medicines.

267. SEC. 6. Nothing contained in this act shall apply to the compounding of drugs Exemption of with alcoholic or spirituous liquors or wines by any regularly educated physician or

Note.-The numerous references to the session laws or annual statutes, which will be found in this work, consist in many cases simply of the year and page, as for instance, 1850, 347, meaning statutes of the year 1850, page 347. In regard to the

statutes of 1854, however, it must be observed that there are two editions, the paging and arrangement of which differ from each other. The edition used in the preparation of this Digest is that published by George Kerr & Co.. at San Francisco, 1854.

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