TIT. 6.

On what cold.

ditions an

plication, shall be then admitted to be a citizen of the United States: Provided also, That any alien who was residing within the limits, and under the jurisdiction of the United States, Laws of U, S. before the 29th day of January, one thousand seven hundred 1802. c. 28. and ninety-five, may be admitted to become a citizen, on due vol. 6. p.74. proof made to some one of the courts aforesaid, that he has resided two years, at least, within and under the jurisdiction of the United States, and one year at least, immediately preceding his application, within the state or territory where such court is at the time held; and on his declaring on oath, or affirmation, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, poten- alien may be tate, state, or sovereignty, whatever, and particularly, by name, naturalized. the prince, potentate, state or sovereignty, whereof he was before a citizen or subject: and moreover, on its appearing to the satisfaction of the court, that during the said term of two years, he has behaved as a man of good moral character, attached to the constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his moreover making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission: all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof:

38. And provided also, That any alien who was residing within the limits, and under the jurisdiction of the United States, at any time between the said twenty-ninth day of January, one thousand seven hundred and ninety five, and the eighteenth day of June, one thousand seven hundred and ninety-eight, may, within two years after the passing of this act, be admitted to become a citizen, on compliance with the first condition above specified.

$ 2.

turalization

39. Provided also, and be it further enacted, That in addition to the directions aforesaid, all free white persons, being Mode of naaliens, who may arrive in the United States, after the passing of this act, shall, in order to become citizens of the prescribed. United States, make registry, and obtain certificates, in the following manner, to wit: every person desirous of being naturalized shall, if of the age of twenty one years, make report of himself, or if under the age of twenty one years, or held in service, shall be reported by his parents, guardian, master or mistress, to the clerk of the district court of the district where such alien or aliens shall arrive, or to some other court of record of the United States, or of either of the territorial districts of the same, or of a particular state; and such report shall ascertain the name, birth place, age, nation, and allegiance of each alien, together with the country whence he or she migrated, and the place of his or her intended settlement:

40. And it shall be the duty of such clerk, on receiving such report, to record the same in his office, and to grant to

TIT. 6.

Laws of U. S. 1802. c. 28. vol. 6. p. 74.

the person making such report, and to each individual concerned therein, whenever he shall be required, a certificate under his hand and seal of office of such report and registry; and for receiving and registering each report of an individual or family, he shall receive fifty cents; and for each certificate granted pursuant to this act, to an individual or family, fifty cents and such certificate shall be exhibited to the court by every alien who may arrive in the United States, after the passing of this act, on his application to be naturalized, as evidence of the time of his arrival within the United States. 41. And whereas doubts have arisen whether certain courts What courts of record in some of the states, are included within the desare to be con- cription of district or circuit courts: Be it further enacted, sidered as ca- that every court of record in any individual state, having ralizing aliens common law jurisdiction, and a seal and clerk or prothonotary, shall be considered as a district court within the meaning of this act; and every alien, who may have been naturalized in any such court, shall enjoy, from and after the passing of the act, the same rights and privileges as if he had been naturalized in a district or circuit court of the United States.

$3.

pable of natu

certain laws

States.

$4. 42. And be it further enacted, That the children of persons Children of duly naturalized under any of the laws of the United States, persons natu- or who, previous to the passing of any law on that subject, by ralized under the government of the United States, may have become citito be citizens zens of any one of the said states, under the laws thereof, of the United being under the age of twenty-one years, at the time of their parents being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States, and the children of perPrivilege of sons who now are, or have been citizens of the United States, citizenship shall, though born out of the limits and jurisdiction of the not to extend United States, be considered as citizens of the United States: persons who Provided, That the right of citizenship shall not descend to have never re- persons whose fathers have never resided within the United sided in the States: Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having Or to persons joined the army of Great Britain, during the late war, shall proscribed, be admitted a citizen as aforesaid, without the consent of the legislature of the state in which such person was proscribed. 43. And be it further enacted, That all acts heretofore pasRepeal of for- sed respecting naturalization, be, and the same are hereby repealed.

to children of

U. States.

&c.

§ 5.

mer acts.

Laws of U. S.

1804. c. 47.

136.

Certain aliens permitted to become citi

44. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, $1. vol. 7. p. That any alien, being a free white person, who was residing within the limits, and under the jurisdiction of the United States, at any time between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of April, one thousand eight hundred and two, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without a compliance with the first condition specified in the first section of the act, entituled "An act to establish an uniform rule of natu

zens of the U.

States.

ralization; and to repeal the acts heretofore passed on that TIT. 6. subject."

pur

After an alien

dow and chil

45. And be it further enacted, That when any alien who Laws of U. §. shall have complied with the first condition specified in the 1804. c. 47. first section of the said original act, and who shall have vol. 7. p. 136. sued the directions prescribed in the second section of the $2. said act, may die before he is actually naturalized, the widow shall have and the children of such alien shall be considered as citizens complied with of the United States, and shall be entitled to all rights and certain direc privileges as such, upon taking the oaths prescribed by law. tions, his wi46. Whereas many grants, conveyances and contracts of dren may be and relating to real property in this state, have been made made citizens and executed to divers persons who were aliens at the dates of the U. S. of the said grants, conveyances or contracts, but who subse- A. A. 1807. quently thereto have become, or intend to become citizens of Certain paper the United States of America: And whereas many other titles to lands given to aliens grants, conveyances and contracts, of and relating to real declared va property in this state, have heretofore been made and executed lid. to aliens, who have transferred their titles, rights and interests to citizens, or to aliens who intend to become citizens: And whereas many other titles, or contracts to make titles to real property in this state, though not obtained directly from aliens, are incumbered with mesne conveyances and titles derived through them: And whereas persons possessing real property under the above circumstances, may, under the existing laws, be deprived thereof, the consequences of which would not only produce much distress to the unfortunate sufferers, but would tend to repress that spirit of enterprize and industry so conducive to the wealth and prosperity of every community: For remedy thereof,

legalized.

47. Be it enacted, That any citizen or citizens, alien or Titles derived aliens, who has or have entered into any bona fide contract from or or contracts, or who hath or have received any grant or through aliens grants, or other deed or deeds of conveyance for or relating to any real property in this state, or whose titles are derived from or through aliens, either mediately or immediately, may and shall hold and enjoy the same in fee simple or for any less estate, according to the nature of his, her, or their contract or contracts, grant or grants, or other deed or deeds of conveyance; any law, usage or custom, to the contrary thereof in any wise notwithstanding:

48. Provided, That every alien, previously to his or her Provisoes. being entitled to avail him or herself of any of the benefits of this act, shall declare his or her intention to become a citizen of the United States, agreeably to the act of congress in such case made and provided: Provided also, That no alien entitled to real property under the foregoing provisions, shall enjoy any other privilege of a citizen of the United States: And provided further, That nothing contained in this act shall be so construed as to interfere with or at all invalidate any grants of real property which may heretofore have been made by the legislature of this state unto any person or persons, or unto any body or bodies corporate, or to affect in any measure descents already cast.

TIT. 6.

49. And be it further enacted, That all persons holding, or who shall hold real property in this state, under the aforesaid A. A. 1807. provisions, shall be permitted and allowed, and they are Pers ons hold- hereby permitted and allowed to convey or devise the same ing property to their child or children, grand-child or grand-children, notvisions of this withstanding such child or children, grand-child or grandact, allowed children was or were born previously to the said persons conto convey or veying or devising the same having acquired titles thereto under the terms of this act; and in case the person or persons holding real property as aforesaid, shall not alien or devise the same, then, that it shall be divided and distributed among his, her or their relations, agreeably to the act of the genéral assembly, entitled, " An act for the abolition of the rights of primogeniture, for the giving an equitable distribution of the real estates of intestates, and for other purposes therein mentioned," passed on the nineteenth day of Febru

devise the

same.

ary, in the year of our Lord one thousand seven hundred and ninety one, and the acts amendatory thereof; any law, usage or custom to the contrary thereof in any wise, notwithstanding:

50. Provided nevertheless, That the said child or children, grand-child or children, to whom conveyances or devises as aforesaid, may be made, and also the relations entitled as aforesaid, to distributive proportions of the real property of those who have not aliened or devised their real property, shall become a resident or residents in this state, within twelve months after the date of the conveyances made unto him, her or them, or of the decease of the person or persons devising the same, or dying intestate as to such real property, and also becoming a citizen or citizens of this state within as short a period as he, she or they shall be enabled to become so under the existing laws. [See Title 46, Congress of the United States.]

וי

Laws of U. S. 51. Be it enacted by the Senate and House of Representa1813. vol. 11. tives of the United States of America, in Congress assembled, Certain of That persons resident within the United States or the territhem may betories thereof, on the eighteenth day of June, in the year one come citizens. thousand eight hundred and twelve, 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 times and in the manner prescribed by the laws heretofore passed on that subject:

52. Provided, That nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy, at any time previous to the actual naturalization of such alien.

TITLE 7.

Amendment.

TIT. 7.

St. 1. c. 6.

1. "ITEM, it is assented, That by the misprision of a clerk, A. D. 1340. in any place wheresoever it be, no process shall be adnulled, St. 14 Ed. 3. or discontinued, by mistaking in writing one syllable, or one P. L. Appen. letter too much or too little; but as soon as the thing is per- No. 1. p. 4. ceived, by challenge of the party, or in other manner, it shall For mispri be hastily amended in due form, without giving advantage to sion of clerks, the party that challengeth the same, because of such mispri

sion.*

court to a

mend records.

2. "Item, Whereas it was ordained and established in the A. D. 1420. statute made the fourteenth year of king Edward the III. after St. 9 H. 5. St. the conquest, that for misprision of the clerk in any place where- 1. c. 4. P. L. Appen. soever it be, the process of the plea should not be avoided nor No. 1. p. 7. discontinued, by mistaking in writing one letter or syllable too Power of the much or too little, but as soon as the thing is perceived, by challenge of the party, or in other manner, it should hastily be amended in a due form, without giving advantage to the party that challengeth the same, because of such misprision;" The king, considering the diversity of opinions which have been upon the said statute, and to put the thing in more open knowledge, hath declared and ordained at this time, by authority of this present parliament, That the justices before whom such plea or record is made, or shall be depending, as well by adjournment, as by way of error, or otherwise, shall have power and authority to amend such record and process, as afore is said, according to the form of the same statute, as well after judgment in any such plea, record, or process, given, as before judgment given in any such plea, record or process, as long as the same record and process is before them, in the same manner as the justices had power to amend such record and process before judgment given by force of the said statute, made in the time of the said king Edward.

6

12.

P. L, 38.

3. The kings judges of the courts and places in which A. D. 1429. any record, process, word, plea, warrant of attorney, writ, St. 8 H. 6. c. panel, or return, which for the time shall be, shall have power to examine such records, process, words, pleas, warrants of attorney, writs, panels, or return, by them and their clerks, and to reform and amend (in affirmance of the judgments of such records and processes) all that which to them in their discretion seemeth to be misprision of the clerks in such re

Before this and other statutes of amendment the judges scrupulously refused to alter a record, however trifling, and however palpable the error, as some examples had been made for unwarrantable alterations on former occasions. "Justice," says Blackstone," was perpe tually entangled in a net of mere technical jargon." 3 Bl. Com. 410. "Misprision," signifies mistaking, a neglect or oversight. Jacob. "Challenge of the party," means claim of the party. Co. Litt. 155.b. In another sense, it means an exception to jurors. lb.