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Page:United States Statutes at Large Volume 61 Part 1.djvu/146

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PUBLIC LAWS-CH. 87-MAY 31, 1947 Declaration tention. Petition forn ization. Final hearing Oath of rei tion and allegia Determinatic court of serious disability. thereof (excluding the heading) is amended to read as follows: of in- "SEC. 331. An applicant for naturalization shall make, under oath before, and unless prevented by sickness or other physical disability only in the office of, the clerk of court or such clerk's authorized deputy, regardless of the place of residence in the United States of the applicant, not less than two nor more than seven years at least prior to the applicant's petition for naturalization, and after the applicant has reached the age of eighteen years, a signed declaration of intention to become a citizen of the United States, which declaration shall be set forth in writing, in triplicate, and shall contain substan- tially the following averments by such applicant:". SEC. 2 . Section 332 of the Nationality Act of 1940, as amended (54 Stat. 1154; U. S. C., 1940 edition, title 8, sec. 732), is amended by adding at the end thereof the following new subsection: Latura- "(e) If the applicant for naturalization is prevented by sickness or other disability from presenting himself in the office of the clerk to make the petition required by subsection (a), such applicant may make such petition at such other place as may be designated by the clerk of court or by such clerk's authorized deputy." SEC. 3 . (a) Section 334 (a) of the Nationality Act of 1940, as amended (54 Stat. 1156; U. S . 0 ., 1940 edition, title 8, sec. 734 (a)), is amended to read as follows: S,etc. "SEC. 334. (a) Except as provided in subsection (b) of this section, every final hearing upon a petition for naturalization shall be had in open court before a judge 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 the witnesses shall be examined under oath before the court and in the presence of the court." (b) Section 334 (b) of such Act, as amended (54 Stat. 1156; U. S . C ., 1940 edition, title 8, sec. 734 (b)), is amended by adding at the end thereof the following: "If the petitioner is prevented by sickness or other disability from being in open court for the final hearing upon a petition for naturalization, such final hearing may be had before a judge or judges of the court at such place as may be designated by the court." SEC. 4. Section 335 of such Act, as amended (54 Stat. 1157; U. S . C ., title 8, sec. 735), is hereby amended by adding the following new subsection: n'nca-' "(d) If the petitioner is prevented by sickness or other disability from being in open court the oath prescribed in subsection (a) of this section may be taken before a judge of the court at such place as may be designated by the court." nes o SEC. 5. Before a declaration of intention or petition for naturaliza- tion may be made outside of the office of the clerk of court, or before a final hearing on a petition may be held or the oath of allegiance administered outside of open court, the court must satisfy itself that the illness or other disability is sufficiently serious to prevent appear- ance in the office of the clerk of court or the court and is of a permanent nature, or of a nature which so incapacitates the person as to prevent him from personally appearing in the office of the clerk of court or in court as otherwise required by law. Approved May 31, 1947. 122 [61 STAT.