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and declare the final order, admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both."

2. By Clerks.

Act of June 29, 1906.

"Sec. 18. It is hereby made a felony for any clerk or other person to issue or be a party to the issuance of a certificate of citizenship contrary to the provisions of this Act, except upon a final order under the hand of a court having jurisdiction to make such order, and upon conviction thereof such clerk or other person shall be punished by imprisonment for not more than five years and by a fine of not more than five thousand dollars, in the discretion of the court."

"Sec. 20. Any clerk or other officer of a court having power under this Act to naturalize aliens, who wilfully neglects to render true accounts of moneys received by him for naturalization proceedings or who wilfully neglects to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made and refused, shall be deemed guilty of embezzlement of the public moneys, and shall be punishable by imprisonment for not more than five years, or by a fine of not more than five thousand dollars, or both."

"Sec. 21. It shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturalization proceedings to demand, charge, collect, or receive any other or additional fees or moneys in naturalization proceedings save the fees and moneys herein specified; and a violation of any of the provisions of this section or any part thereof is hereby declared to be a misdemeanor and shall be punished by imprisonment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment."

"Sec. 22. 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."

3. Limitation of Actions.

"Sec. 24. No person shall be prosecuted, tried, or punished for any crime arising under the provisions of this Act [June 29, 1906], unless the indictment is found or the information is filed within five years next after the commission of such crime."

Crimes Committed Prior to the Date When the
Act of June 29, 1906, Went Into Effect.

Act of June 29, 1906: "Sec. 25. For the purpose of the prosecution of all crimes and offenses against the

naturalization laws of the United States which may have been committed prior to the date when this Act shall go into effect, the existing naturalization laws shall remain in full force and effect."

"Sec. 31. This act shall take effect and be in force from and after ninety days from the date of its passage: Provided that sections one, two, twenty-eight, and twenty-nine shall go into effect from and after the passage of this Act."

CHAPTER II.

NATURALIZATION BY NATURALIZATION OF PARENT.

A. In general.

B. Meaning of phrase "dwelling in the United States."

1. Where the children are dwelling in United States at naturalization of parent.

2. Where the children are dwelling abroad at naturalization of

parent.

3. Act of March 2, 1907.

C. Mode of parent's naturalization immaterial.

a. By naturalization of father by treaty.

b. By naturalization of mother by marriage.

D. Illegitimate children.

E. Adoption.

F. Effect of declaration of intention of parent during minority of child. G. Naturalization not effective internationally as to absent family.

NATURALIZATION BY NATURALIZATION OF PARENT.

A. In General.

The naturalization of an alien also confers citizenship upon his minor children dwelling in the United States. Section 2172, Rev. Stat. (U. S. Comp. Stat. 1901, 1334), provides that "the children of persons who have been duly naturalized under any law of the United States,

being 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."

This is substantially the language of the Act of April 14, 1802 (2 Stat. at L. 153), which repealed the Act of January 29, 1795 (1 Stat. at L. 414), the wording of which was: "The children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization, and

the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States."

B. Meaning of Phrase "Dwelling in the United States."

The use of the qualifying phrase, "Dwelling in the United States," makes the meaning of the law somewhat uncertain. The difficulty is in determining at what period of time the child is required to be "dwelling in the United States" in order to acquire citizenship. The question can be most logically considered under the following division: (1) Where the children are dwelling in the United States at the time of the parent's naturalization; (2) where the children are dwelling abroad at the time of the parent's naturalization.

1. Where the Children Are Dwelling in the United States at the Time of the Parent's Naturalization.

The naturalization of an alien naturalizes his minor children born abroad but residing in the United States at the time of his naturalization. Children born abroad of aliens who subsequently emigrated to this country with their families, and were naturalized during the minority of their children, are citizens of the United States. 10 Ops. Atty. General, 329; Gumm v. Hubbard, 97 Mo. 311; 10 Am. St. Rep. 312; State, ex rel. Carey v. Andriano, 92 Mo. 70, 4 S. W. 263.

In the case of West v. West, 8 Paige Ch. 432, which arose in 1840, the facts were that a British subject who was twice married, each time to a native English woman, had three children born to him by the first wife and four children by the second. The first two children of his second marriage were born in England. In 1823, after the birth of the second child, he removed to New York with his wife and five children, where two more were born to him. In 1830, he was naturalized while his children were

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