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If an alien who shall have regularly declared his intention to become a citizen, die before he is actually naturalized, his widow and children will be deemed citizens upon taking the oath prescribed by law.'

A married woman who is an alien may be naturalized.

It is also provided, that children of persons duly naturalized under the laws of the United States, being under the age of twenty-one years at the time of their parents being naturalized, shall, if dwelling in the United States, be considered as citizens. And that children of citizens, though born out of the United States, shall be deemed citizens; but the right of citizenship shall not descend to persons whose fathers have never resided within the United States.'

Provision is also made in reference to persons, and the children of persons, residing in the United States at an early period, when the naturalization laws were not fully established.

FORMS.

Declaration of Intention.

United States of America,

State of California.

District Court of the Twelfth Judicial District of the State of California, in and for the City and County of San Francisco: I, Pierre Martin, do declare on oath, that it is bona fide my intention to become a citizen of the United States of America, and to renounce forever all allegiance and fidelity to all and any foreign prince, potentate, state and sovereignty whatsoever: and particularly to Louis Napoleon III., Emperor of France, of whom ain a subject. PIERRE MARTIN.

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Sworn in open court, this first day of June, 1857, before me, f

THOMAS HAYES, Clerk.

City and County of San Francisco, ss:

I, Thomas Hayes, Clerk of the District Court of the twelfth judicial district of the state of California, in and for the city and county of San Francisco, being a court of record, having common law jurisdiction, and a clerk and seal, do certify that the

1 Act U. 8. March 26, 1804, § 2.

220 Wend. 338.

9 Act U. S. April 14, 1802, § 4; 6 Cranch, 177.

above is a true copy of the original declaration of intention of Pierre Martin, on his application to become a citizen of the United States, remaining in my office, upon the records of said

court.

[L. S.]

In testimony whereof, the seal of said court is hereunto affixed, this first day of June, in the year of our Lord one thousand eight hundred and fifty-seven, in the year of our independence the eighty-first.

THOMAS HAYES, Clerk.

By JOHN C. CORBETT, Deputy Clerk.

Oath to Support the Constitution, &c.

I, C. D., do solemnly swear, that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whatever, and particularly to Louis Napoleon, Emperor of France. C. D.

Sworn, &c.

Proof of Residence, Good Behavior, &c.

State of California, City and
County of San Francisco,

ss:

E. F., of said county, being duly sworn, doth depose and say, that he is a citizen of the United States; that he is well acquainted with the above-named C. D.; and that the said C. D. has resided within the limits, and under the jurisdiction of the United States, for five years last past, and, for one year last past, within the state of California; and that during the same period he has behaved himself as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. And he further saith, that, at the time the said C. D. arrived in the United States, he had not attained his eighteenth year. Sworn, &c.

Certificate of Citizenship.

United States of America;

State of California,

City and County of San Francisco,

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SS:

No.

E. F.

Be it remembered, that on the tenth day of June, in the year of our Lord one thousand eight hundred and fifty-nine, Pierre Martin, formerly of Paris, in the empire of France, at present of the state of California, aforesaid, appeared in the District Court

of the twelfth judicial district, of the state of California, in and for the city and county of San Francisco, the said court being a court of record, having common law jurisdiction, and a clerk and seal, and applied to the said court to be admitted to become a citizen of the United States of America, pursuant to the directions and requisitions of the act of Congress of the United States of America, entitled "An Act to establish an Uniform Rule of Naturalization, and to repeal the acts heretofore passed on that subject," and of the several acts in relation thereto :

And the said Pierre Martin, having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths, as are by the said acts required: thereupon it was ordered by the said District Court that the said Pierre Martin be admitted, and he was accordingly admitted, by said court to be a citizen of the United States of America.

Attest,

WILLIAM DUER, Clerk.

By JAS. B. McMINN, Deputy Clerk.

Signature, PIERRE MARTIN.

City and County of San Francisco, ss:

I, William Duer, clerk of the District Court of the twelfth judicial district of the state of California, in and for the city and county of San Francisco, being a court of record, having common law jurisdiction, and a clerk and seal, do certify that the above is a true copy of the original certificate of citizenship, to Pierre Martin, on his application to become a citizen of the United States, remaining in my office, upon the records of said court.

[L. S.]

In testimony whereof, the seal of said court is hereunto
affixed, this tenth day of June, in the year of our Lord
one thousand eight hundred and fifty-nine, in the year
of our independence the eighty-third.
WILLIAM DUER, Clerk.

Per Curiam,

By WM. R. SATTERLEE, Deputy Clerk.

Declaration of Intention to become a Citizen for Three Years

past.

I, M. N., do declare, on oath, that it is bona fide my intention, and has been for the last three years, to become a citizen of the United States, and to renounce forever all allegiance to all and every foreign prince, potentate, state, and sovereignty, whatever, and particularly to Victoria, Queen of Great Britain and Ireland. Sworn, &c.

M. N.

Affidavit of Alien under Eighteen Years of Age at the time of his Arrival.

State of California,

City and County of San Francisco,

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In the matter of M. N., on his naturalization.

M. N., being duly sworn, says, that, for the continued term of five years last past, he has resided within the United States, without being at any time, during the said five years, out of the territory of the United States, and that for one year last past, he has resided within the state of California; and that, at the time he so arrived in the United States, he had not attained his eighteenth year. M. N.

Sworn in open court, this day of

of

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18, before me, J. C.,

Clerk of the District Court of the Northern District of California.

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CHAPTER XX.

HOMESTEAD.

THE Constitution declares, that the legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.

In pursuance of this provision, the legislature have passed the following statute:

ACT OF APRIL 21, 1851, TO EXEMPT THE HOMESTEAD AND OTHER PROPERTY FROM FORCED

SALES IN CERTAIN CASES.

SECTION 1. The homestead, consisting of a quantity of land, together with the dwelling-house thereon and its appurtenances, not exceeding in value the sum of five thousand dollars, to be selected by the owner thereof, shall not be subject to forced sale on execution or on any other final process from a court, for any debt or liability contracted or incurred after thirty days from the passage of this act, or if contracted or incurred at any time in any other place than in this state.

SEC. 2. Such exemption shall not extend to any mechanic's, laborer's or vendor's lien, or to any mortgage, lawfully obtained; but no mortgage, sale, or alienation of any kind whatever of such land by the owner thereof, if a married man, shall be valid without the signature of the wife to the same, acknowledged by her separately and apart from her husband; provided, that the wife be a resident of this state, and that such signature and acknowledgment shall not be necessary to the validity of the mortgage upon the land, executed before it became the homestead of the debtor, or executed to secure the payment of the purchase money.

SEC. 3. Whenever any levy shall be made upon the land or tenements of a householder, whose homestead has not been selected or set apart, such householder may notify the officer at the time of making such levy of what he regards as his home

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