Page:United States Statutes at Large Volume 54 Part 1.djvu/1190

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PUBLIC LAWS-CH. 876-OCT. 14, 1940 Averments of other material facts. Filing of certificate of arrival, etc., with petition. Making and filing of petitions. full, true, and correct name. So help me God. (full, true, and correct name of petitioner). (b) The applicant's petition for naturalization, in addition to the averments required by subsection (a) of this section, shall include aver- ments of all other facts which may be material to the applicant's naturalization and required to be proved upon the hearing of such petition. (c) At the time of filing the petition for naturalization there shall be filed with the clerk of court a certificate from the Service, if the peti- tioner arrived in the United States after June 29, 1906, stating the date, place, and manner of petitioner's arrival in the United States, and the declaration of intention of such petitioner, which certificate and decla- ration shall be attached to and made a part of said petition. (d) Petitions for naturalization may be made and filed during the term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court. HEARING OF PETIrTONS Preliminarysignd h SEC. 333 . (a) The Commissioner or a Deputy Commissioner shall examiners. designate members of the Service to conduct preliminary hearings upon petitions for naturalization to any naturalization court and to make findings and recommendations thereon to such court. For such pur- poses any such designated examiner is hereby authorized to take testi- money concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpena witnesses, and to administer oaths, including the oath of the petitioner to the petition for naturalization and the oath of petitioner's witnesses. eindings, etc. , of (b) The findings of any such designated examiner upon any such preliminary hearing shall be submitted to the court at the final hear- ing upon the petition with a recommendation that the petition be granted, or denied, or continued, with the reasons therefor. Such find- ings and recommendations shall be accompanied by duplicate lists con- taining the names of the petitioners, classified according to the char- acter of the recommendations, and signed by the designated examiner. Approvalbyudge. The judge to whom such findings and recommendations are submitted shall, if he approve such recommendations, enter a written order with such exceptions as the judge may deem proper, by subscribing his name to each such list when corrected to conform to his conclu- sions upon such recommendations. One of such lists shall thereafter be filed permanently of record in such court and the duplicate list shall be sent by the clerk of such court to the Commissioner. onpelourtin g in SEC. 334. (a) Every final hearing upon a petition for naturaliza- Finalorder. tion shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant, and, except as provided in subsection (b) of this section, the witnesses shall be examined under oath before the court and in the presence of the court. tion. eam iD (b) The requirement of subsection (a) of this section for the examination of the petitioner and witnesses under oath before the court and in the presence of the court shall not apply in any case Discretionary a- where a designated examiner has conducted the preliminary hearing thority of court. authorized by subsection (a) of section 333; except that the court may, in its discretion, and shall, upon demand of the petitioner, require the examination of the petitioner and the witnesses under Timerestrictionsn oath before the court and in the presence of the court. final hearings, etc. (c) Except as otherwise specifically provided in this Act, no final hearing shall be held on any petition for naturalization nor shall 1156 [54 STAT.