Public Law 784.

3,214 words·~15 min read·/statutes-at-large/vol-52/public-law-784·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/75/783)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section 113 United States courts. [28 U. S. C. § 194; Supp. III, § 194](/us/usc/t28/s194).of the Judicial Code, as amended (U. S. C., title 28, sec. 194), be, and it is hereby, amended to read as follows: "“The State of West Virginia is divided into two districts, to be West Virginia judicial districts.known as the northern and southern districts of West Virginia.

The northern district shall include the territory embraced on the Northern district.1st day of July 1910 in the counties of Hancock, Brooke, Ohio, Marshall, Tyler, Pleasants, Wood, Wirt, Ritchie, Doddridge, Wetzel, Monongalia, Marion, Harrison, Lewis, Gilmer, Calhoun, Upshur, Barbour, Taylor. Preston, Tucker, Randolph, Pendleton, Hardy, Grant, Mineral, Hampshire, Morgan, Berkeley, and Jefferson, with the waters thereof. “The district judge for the northern district of West Virginia shall Regular terms. hold regular terms of court in said northern district at the following places and times, that is to say:

“(a) At the city of Martinsburg on the first Tuesday in April and the fourth Tuesday in September in each year; “(b) At the city of Wheeling on the third Tuesdays in April and October in each year; “(c) At the city of Elkins on the first Tuesday in June and the third Tuesday in November in each year; “(d) Said judge shall also hold such special terras as may be Special terms.necessary for the orderly dispatch of the business of said court; the same to be held at said places and at such times as he shall appoint.

“The southern district shall include the territory embraced on the Southern district.1st day of July 1910 in the counties of Jackson, Roane, Clay, Braxton, Webster, Nicholas, Pocahontas, Greenbrier, Fayette, Boone, Kanawha. Putnam, Mason, Cabell, Wayne, Lincoln, Logan, Mingo, Raleigh, Wyoming, McDowell, Mercer, Summers, and Monroe with the waters thereof. “The district judge for the southern district of West Virginia Regular terms.shall hold regular terms of court in said southern district at the following times and places, that is to say:

“(a) At the city of Bluefield on the third Tuesdays in January and June in each year: “(b) At the city of Lewisburg on the first. Tuesdays in March and September in each year; when suitable rooms and accommodations Rooms, etc., at Lewisburg.for holding terms of the court shall be provided at Lewisburg free of cost to the United States or until, subject to the recommendation of the Attorney General of the United States with respect to providing such rooms and accommodations for holding court at Lewis-52 Stat. 1246burg, a public building shall have been erected or other Federal space provided for court purposes in said city;

“(c) At the city of Charleston on the second Tuesday in April and on the third Tuesday in November in each year; Rooms, etc., at Beckley. “(d) At the city of Beckley at least once in each calendar year, at such times as may be fixed by rules of the court, when suitable rooms and accommodations for holding terms of the court shall be provided at Beckley free of cost to the United States or until, subject to the recommendation of the Attorney General of the United States with respect to providing such rooms and accommodations for holding court at Beckley, a Federal building containing such suitable rooms and accommodations for holding court shall be erected at such place;Special terms.

“(e) Said judge shall also hold such special terms as may be necessary for the orderly dispatch of the business of said court, the same to be held at said places and at such times as he shall appoint. Judge for northern and southern districts, regular terms of court. “The district judge for the northern and southern districts of West Virginia shall hold regular terms of court in said northern and southern districts at the following places and times, that is to say: “(a) At the city of Clarksburg in said northern district on the first Tuesday in January and on the fourth Tuesday in August in each year;

“(b) At the city of Parkersburg in said northern district on the third Tuesday in March and on the first Tuesday in October in each year; “(c) At the city of Huntington in said southern district on the second Tuesday in May and on the third Tuesday in October in each year;Rooms, etc., at Fairmont. “(d) At the city of Fairmont at least once in each calendar year, at such times as may be fixed by rules of the court, when suitable rooms and accommodations for holding terms of the court shall be provided at Fairmont free of cost to the United States or until, subject to the recommendation of the Attorney General of the United States with respect to providing such rooms and accommodations for holding court at Fairmont, a Federal building containing such suitable rooms and accommodations for holding court shall be erected at such place;Special terms.

“(e) Said judge shall also hold such special terms as may be necessary for the orderly dispatch of the business of said courts; the same to be held at said places and at such times as he shall appoint.” " Approved, June 29, 1938. Providing compensation for certain employees. 1938-06-29 818 Chapter 52 Stat. 1246 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2024-11-15 public [CHAPTER 818] JOINT RESOLUTION Providing compensation for certain employees. June 29, 1938[[H. J. Res. 551](/us/bill/75/hjres/551)][[Pub. Res., No. 127](/us/bill/75/pubres/127)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That hereafter whenever Government employees. Per diem, etc., workers, compensation for holidays.regular employees of the Federal Government whose compensation is fixed at a rate per day, per hour, or on a piece-work basis are relieved or prevented from working solely because of the occurrence of a holiday such as New Year’s Day, Washington’s Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or any other day declared a holiday by Federal statute or Executive order, or any day on which the 'departments and establishments of the Government are closed by Executive order, they shall receive the same pay for such days as for other days on which an ordinary day’s work is performed. 52 Stat. 1247 Sec. 2.

The joint resolution of January 6, 1885 (U. S. C., title 5, sec. 86), and all other laws inconsistent or in conflict with the provisions of this Act are hereby repealed to the extent of such inconsistency or conflict. Approved, June 29, 1938. To amend the Naturalization Act of June 29, 1906 (34 Stat. 596), as amended. 1938-06-29 819 Chapter 52 Stat. 1247 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2024-11-15 public [CHAPTER 819] JOINT RESOLUTION To amend the Naturalization Act of June 29, 1906 (34 Stat. 596), as amended. June 29, 1938[[H. J. Res. 681](/us/bill/75/hjres/681)][[Pub. Res., No. 128](/us/bill/75/pubres/128)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the second paragraph Naturalization Act of 1906, amendments. [34 Stat. 598](/us/stat/34/598); [49 Stat. 1925](/us/stat/49/1925). [8 U. S. C. § 382;

Supp. III, § 382](/us/usc/t8/s382). of the fourth subdivision of section 4 of the Naturalization Act of June 29, 1906 (U. S. C., title 8, sec. 382), as amended by section 1 of the Act of June 25, 1936 (49 Stat. 1925), is amended to read as follows: "“Absence from the United States for a continuous period of more Residence requirements. Continuity; absences. than six months and less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the petition for naturalization, or during the period between the date of filing the petition, and the date of final hearing, shall be presumed to break the continuity of such residence, but such presumption may be overcome by the presentation to the naturalization court of satisfactory evidence that such individual had a reasonable cause for not returning to the United States during such absence.

Absence from the United States for a Continuity broken by absence of one year or more; exceptions. continuous period of one year or more during the period for which continuous residence is required for admission to citizenship immediately preceding the date of filing the petition for naturalization or during the period between the date of filing the petition and the date of final hearing, shall break the continuity or such residence, except, that in the case of an alien—

(a)who has been lawfully admitted into the United States for permanent residence,

(b)who has resided in the United States for at least one year thereafter, and

(c)who has made a declaration of intention to become a citizen Government, etc., employees, sent abroad. of the United States, who shall be deemed an eligible alien for the purposes of this paragraph and who thereafter has been sent abroad as an employee of or under contract with the Government of the United States, or who thereafter proceeded abroad as an employee or representative of, or under contract with an American institution of research recognized as such by the Secretary of Labor, or as an Employees of foreign trade corporations, etc. employee of a firm or corporation engaged in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or any such eligible alien as above defined who has proceeded abroad temporarily and has within a period of one year of Employee of an American institution of research. his departure from the United States become an employee or representative of, or who is under contract with such an American institution of research, or has become an employee of such an American firm or corporation, no such absence shall break the continuity of residence in the United States if— “(1) Prior to the beginning Conditions imposed.of such absence, or prior to the beginning of such employment, contract, or representation on behalf of an American institution of research or an American firm or corporation as aforesaid, such alien has established to the satisfaction Satisfactory proof to Secretary of Labor. of the Secretary of Labor that his absence for such period is to be on behalf of such government or for the purpose of carrying on 52 Stat. 1248scientific research on behalf of such institution, or to be engaged solely or principally in the development of such foreign trade and commerce, or whose residence abroad is necessary to the protection of the property rights abroad of such firm or corporation; and “(2) Proof to court.Such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose. Inclusion of spouse. “An alien who has been lawfully admitted into the United States for permanent residence, and who is the wife or husband of a citizen of the United States so engaged abroad within one of the above-mentioned categories, shall be considered as residing in the United States for the purpose of naturalization notwithstanding any absence from the United States. Provisions inapplicable to designated cases. “This amendment shall not affect cases of aliens who prior to the date of its enactment have established to the satisfaction of the Secretary of Labor, pursuant to an Act entitled ‘An Act to amend the naturalization laws in respect of residence requirements, and for other purposes’, approved June 25, 1936, that absence from the United States was to be or had been [49 Stat. 1925](/us/stat/49/1925). [8 U. S. C., Supp. III, § 382a](/us/usc/t8/s382a). for the purpose of carrying on activities described therein.”" Approved, June 29, 1938. Requesting the President of the United States to proclaim the week of May 31, 1939, National Flood Prevention Week. 1938-06-29 820 Chapter 52 Stat. 1248 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public [CHAPTER 820] JOINT RESOLUTION Requesting the President of the United States to proclaim the week of May 31, 1939, National Flood Prevention Week. June 29, 1938[[H. J. Res. 707](/us/bill/75/hjres/707)][[Pub. Res., No. 129](/us/bill/75/pubres/129)] Whereas the present Administration has been first to recognize that disastrous floods are calamities requiring national action and cooperation to prevent their recurrence in the future: Therefore be it *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Honorable FranklinPresident requested to proclaim week of May 31, 1939. D. Roosevelt, President of the United States, be, and he is hereby requested to proclaim the week of May 31, 1939, National Flood Prevention Week in the United States of America, and to ask the cooperation, interest, and aid of all the people in the work of flood prevention. Approved, June 29, 1938. To amend H. R. 10672, Seventy-fifth Congress, third session, entitled “An Act to amend section 4197 of the Revised Statutes, as amended (U. S. C., 1934 edition, title 46, sec. 91), and section 4200 of the Revised Statutes (U. S. C., 1934 edition, title 46, sec. 92), and for other purposes”, so as to correct a typographical error. 1938-06-29 821 Chapter 52 Stat. 1248 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public [CHAPTER 821] JOINT RESOLUTION To amend H. R. 10672, Seventy-fifth Congress, third session, entitled “An Act to amend section 4197 of the Revised Statutes, as amended (U. S. C., 1934 edition, title 46, sec. 91), and section 4200 of the Revised Statutes (U. S. C., 1934 edition, title 46, sec. 92), and for other purposes”, so as to correct a typographical error. June 29, 1938[[H. J. Res. 723](/us/bill/75/hjres/723)][[Pub. Res., No. 130](/us/bill/75/pubres/130)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That section 2 of H. R. Shipping. *Ante,* p. 759. 10672, Seventy-fifth Congress, third session, entitled “An Act to amend section 4197 of the Revised Statutes, as amended (U. S. C., 1934 edition, title 46, sec. 91), and section 4200 of the Revised Statutes (U. S. C., 1934 edition, [R. S. §§ 4197, 4200](/us/rs/s4197/4200). [46 U. S.C. §§ 91, 92; Supp. III, § 91](/us/usc/t46/s91/92).Correction of typographical error.title 46, sec. 92), and for other purposes”, be amended by striking out the first period in the proviso in said section, and by changing the capital “U” in the word “upon” to a small “u”, so that the said proviso will read as follows: *“Provided,* 52 Stat. 1249That in order that the commerce of the United States may move with Shippers’ manifests, etc. Clearance without filing; bond. expedition and without undue delay, the Secretary of Commerce is hereby authorized to make regulations permitting the clearance of a vessel having on board cargo destined to a foreign port or to a port in noncontiguous territory belonging to the United States, before delivery to the collector of customs of shippers’ manifests or export declarations of the cargo laden on board, upon receipt by the collector of a bond with security approved by him in the penal sum of $1,000, conditioned that the complete shippers’ manifests or export declarations of all cargo laden aboard such vessel shall be filed with him not later than the fourth business day after the clearance of the vessel. In the event that all of the shippers’ manifests or export declarations Penalty for delinquency.are not filed as required by the provisions of this section and the regulations made by the Secretary of Commerce in pursuance hereof, then a penalty of $50 for each day’s delinquency beyond the allowed period of four days for filing all of the shippers’ manifests or export declarations shall be exacted, and if all of the shippers’ manifests or export declarations are not filed within the three days following the four-day period, then for each succeeding day of delinquency, a penalty of $100 shall be exacted. Suit may be instituted in the name of the United Suit for recovery of penalties.States against the principal and surety on the bond for the recovery of any penalties that may accrue and be exacted in accordance with the terms of the bond.” Approved, June 29, 1938. To validate certain certificates of naturalization granted by the United States District Court for the District of Hawaii. 1938-06-29 822 Chapter 52 Stat. 1249 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public [CHAPTER 822] AN ACT To validate certain certificates of naturalization granted by the United States District Court for the District of Hawaii. June 29, 1938[[H. R. 7369](/us/bill/75/hr/7369)][[Public, No. 784](/us/pl/75/784)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That all certificates Hawaii. Validation of certain certificates of naturalization granted by district court. of naturalization granted by the United States District Court for the District of Hawaii between January 1, 1919, and July 1, 1922, are hereby declared to be valid insofar as failure of the record to contain final order under the hand of the court is concerned, but shall not be by this Act further validated or legalized. Approved, June 29, 1938. For the relief of certain aliens. 1938-06-29 842 Chapter 52 Stat. 1249 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public [CHAPTER 842] JOINT RESOLUTION For the relief of certain aliens. June 29, 1938[[H. J. Res. 714](/us/bill/75/hjres/714)][[Pub. Res., No. 131](/us/bill/75/pubres/131)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of Aliens. Stay of deportation in certain cases. Labor is authorized to stay the deportation of any alien whose relief from deportation is provided for by any bill which has been favorably acted on by either the Senate Committee on Immigration or the House Committee on Immigration and Naturalization in the Seventy-fifth Congress; but such stay shall be terminated not later than the Limitation.date of adjournment of the first regular session of the Seventy-sixth Congress. Approved, June 29, 1938. To regulate commerce in firearms. 1938-06-30 850 Chapter 52 Stat. 1250 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public 52 Stat. 1250 [CHAPTER 850] AN ACT To regulate commerce in firearms. June 30, 1938[[S. 3](/us/bill/75/s/3)][

Connectionstraces to 4

Traces to 4 documents

statutes-at-large

7 references not yet in our index