effect, no alien shall be naturalized who can not read the English language in addition to being able to speak it, unless physically unable to read.

No person who in his questionnaire voluntarily claimed exemption from military or naval service on account of alienage shall be nationalized until five years after November 14, 1921, the date of the proclamation by the President of the United States of peace between the United States and the Central Powers of Europe, and then only upon the declaration of intention made subsequent to the date of such proclamation and after registration as required by this act. No person who is a native, citizen, subject, or denizen of any country, State, or sovereignty with which the United States is at war shall be admitted to become a citizen of the United States during such war.

Service upon vessels other than of American registry, whether continuous or broken, during any portion of the period of five years immediately preceding the date of the filing of the petition for citizenship under any of the provisions of this act shall be considered as breaking the continuity of residence within the United States and its jurisdiction as required by this act for purposes of naturalization.

Residence of aliens in territory under the jurisdiction of the United States shall not be construed as the residence necessary and precedent to naturalization, which must be within the United States, Alaska, Hawaii, or Porto Rico. SEC. 21. It shall be the duty of the United States district attorneys for the respective districts, or the Director of Citizenship, upon affidavit showing good cause therefor, to institute proceedings for the purpose of setting aside the judgment admitting any person to citizenship or the judgment or order authorizing any certificate of citizenship. Such suit shall be instituted in any district court of the United States, or in any State or Territorial court exercising naturalization jurisdiction, or in the Supreme Court of the District of Columbia, in the judicial district in which the person claming citizenship may reside at the time of bringing the suit and shall be on the ground that either such citizenship or the certificate of citizenship was fraudulently or illegally procured. In any such proceedings the person alleged to have been fraudulently or illegally naturalized, or holding the certificate alleged to have been fraudulently or illegally procured, shall have sixty days personal notice in which to make answer to the petition of the United tSates. If the holder of such certificate be absent from the United States or from the district of his last known residence, and not within the jurisdiction of any district court of the United States, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the State or the place where such suit is brought.

If any person who shall have secured a certificate of citizenship under any provision of this act shall, within five years after admission to citizenship or securing such certificate of citizenship, go to the country of his nativity, or to the country of his former allegiance, or to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such person to reside permanently in and become a permanent citizen of the United States at the time of making the declaration of intention and at the time of filing his application for citizenship or at the time of securing such certificate. When any person naturalized or receiving a certificate of citizenship under any provision of this act, (a) shall have resided for two years in the foreign State from which such person came, whether in the native State or the State or sovereignty of the former allegiance of such person, or (b) for five years in any other foreign State; or (c) in case the naturalized person or person securing a certificate of citizenship is the wife of an alien and the residence of two years is in the foreign State of which her husband is a citizen or subject, such person shall be presumed to have ceased to be a citizen of the United States and the place of general abode shall be deemed the place of residence of such person during such years. Such presumption may, however, be overcome on the presentation of satisfactory evidence through a diplomatic or consular officer of the United States. In the absence of countervailing evidence, it shall be sufficient in the proper judicial proceeding to authorize the vacating and setting aside of the judgment or order admitting the alien to citizenship and the cancellation of the certificae of citizenship as fraudulent. The diplomatic and consular officers of the United States in foreign countries shall from time to time furnish the Department of State, for transmission to the Department of Justice or the Department of Labor, with the names and certificates of citizenship of those within their respective jurisdictions who have such certificates of citizenship and who have taken perma

nent residence in the country of their nativity, or their former allegiance, or in any other foreign country, with statements relating to such persons and their residence. Such statements, duly certified, shall be admissible in evidence in all courts in proceedings to vacate the judgment of naturalization and to cancel the certificate of citizenship.

Whenever any judgment of naturalization is set aside by the action of the court admitting the alien to citizenship, the vacating order shall, as a part thereof, direct the cancellation of the record of admission and of the certificate of citizenship. A certified copy of such order of cancellation shall be forwarded by the clerk of the court to the Bureau of Citizenship. In case the naturalization was not originally conferred by the court making such vacating or canceling order, the court, as a part of its revoking order, shall direct the clerk of the court to transmit a certified copy of such order and judgment to the court by which such naturalization was conferred and certificate of citizenship was issued. It shall thereupon be the duty of the clerk of the court upon receipt of such certified copy of the vacating judgment and order, to enter the same of record and to cancel the order admitting the alien to citizenship upon the records of the admitting court, and to notify the Bureau of Citizenship of the entering of such judgment of cancellation. It shall thereafter be unlawful for a certificate of citizenship to be issued upon such canceled order.

The provisions of this section shall apply not only to citizenship conferred or acquired and to certificates of citizenship issued under the provisions of this act, but to all cases of citizenship conferred and to all certificates of citizenship which may have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws.

SEC. 22. The following fees shall be charged, collected, and accounted for by the superintendent of schools or other designated public-school officer for the certificate of registration issued upon performing the registration of aliens required by this act:

For issuing the certificate of registration to an alien twenty-one years of age and over, $5. For issuing the certificate of registration to an alien under twenty-one years of age, $3.

Any alien who fails to register in accordance with the requirements of this act shall be liable to the United States in the sum of $25 in each and every case of refusal to register, and the amount of such forfeiture may be recovered by the appropriate United States attorney in an action of debt against such alien.

The following shall be the fees charged, collected, and accounted for by the clerk or prothonotary of the court in each naturalization proceeding prescribed by this act: For making out or receiving and filing a declaration of intention and issuing a duplicate, and triplicate thereof, $2; for making out or filing and docketing the petition for citizenship, for the final hearing thereon and for entering the final order, $5; for the issuance of a certificate of citizenship, $5. No final order of admission shall be effective until the fee for the certificate of citizenship has been paid.

No clerk of a United States court shall be permitted to retain any portion of the naturalization fees required by this act to be collected. The clerk or prothonotary of a State court exercising jurisdiction in naturalization proceedings shall be permitted to retain not to exceed one-half of the naturalization fees collected by him in any fiscal year up to the sum of $3,000. The remaining portion of the naturalization fees in each case collected by the clerks or prothonotaries of such State courts, respectively, and all of the naturalization fees collected by the clerks of the United States courts, respectively, shall be moneys due the United States and be paid over to the Bureau of Citizenship and be accounted for by such court officers in their quarterly accounts which they are hereby required to render to the Bureau of Citizenship within thirty days from the close of each quarter in each and every fiscal year.

Where the clerk or prothonotary of any court collects fees to the amount of $6,000 in any fiscal year, all moneys due the United States shall be deposited by such court officer daily in the nearest Government depositary or Federal reserve bank, or in some other bank to be designated by the Secretary of the Treasury upon the application of the Secretary of Labor. Such deposit shall be made as a separate special deposit as Naturalization Fees " in the official capacity of such court officer. Such funds shall be moneys of the United States and subject to the regulations of the Secretary of Labor for deposit in

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the Treasury of the United States in accordance with the requirements of this section.

The moneys so received shall be paid over to the disbursing clerk of the Department of Labor, who shall thereupon deposit them in the Treasury of the United States, rendering an account therefor quarterly to the Auditor for the State and other departments. The said disbursing clerk shall be held, responsible under his bond for such fees so received by him.

The clerks or prothonotaries of the various State courts exercising jurisdiction in naturalization proceedings shall pay for all additional clerical force that may be required in performing the duties imposed by this act upon the clerks or prothonotaries of such courts from the naturalization fees which they are authorized by this section to retain.

In case the clerk or prothonotary of any State court exercising naturalization jurisdiction shall retain fees in the sum of $3,000 in any one fiscal year, and the portion authorized to be retained and expended by the clerk or prothonotary of such State court for employing such additional clerical force is deemed by the Secretary of Labor to be inadequate to perform the additional duties imposed by this act upon such clerk or prothonotary of court, the Secretary of Labor may appoint such additional assistants as he may deem necessary to perform such duties under the supervision of the Director of Citizenship, and compensate them out of any appropriations made available for the Bureau of Citizenship for the employment of personal services.

In addition to the fees herein required, if the petitioner shall request a subpoena for any witnesses, he shall, upon the filing of his petition to become a citizen of the United States, deposit with and pay to the clerk or prothonotary of the court a sum of money sufficient to cover the expenses of subpœnaing and paying the legal fees of such witnesses. Upon the final discharge of such witnesses they shall receive, if they demand the same from the clerk or prothonotary, the customary and usual witness fees from the moneys which the petitioner shall have deposited for such purpose. The residue, if any, shall be returned by the clerk or prothonotary to the petitioner.

SEC. 23. Petitions under any provision of this act may be made and filed with the clerk or the prothonotary of the court during term time or vacation of the court and shall be docketed the same day as filed. The clerk or prothonotary of the court shall, immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading, the number of the petition, the name and residence of the petitioner, the date, as nearly as may be, for the final hearing of the petition, and the names of the witnesses whom the applicant expects to summon in his behalf. Final action thereon shall be had only on stated days, to be fixed by rule of the court. In no case shall final action be had upon a petition until at least ninety days shall have elapsed after the filing and the posting of the notice of such petition. No petition for citizenship shall be heard nor shall any certificate of citizenship be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful at the time and as a part of the naturalization of any person for the court, upon the petition of such applicant in the manner prescribed by this act, to make a decree changing the name of the applicant, and the certificate of citizenship shall be issued in conformity therewith.

SEC. 24. Every final hearing upon any petition filed under any provision of this act 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 witnesses shall be examined under oath before the court and in the presence of the court.

SEC. 25. The United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the purpose of examining and cross-examining the petitioner and the witnesses produced in support of the petition concerning any matter touching or in any way affecting the right of the applicant to acquire citizenship or to receive a certificate of citizenship. The United States shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in any proceeding under this act, both in the courts of original jurisdiction and in the appellate courts of the United States. Where any petitioner for citizenship is admitted over the objection of the representative of the Government, 76405-21-SER 10-14

the court shall enter in the order of admission the grounds of objection and the fact that such objection was overruled.

When a petition for citizenship is denied on grounds not prejudicial to the applicant, the declaration of intention and certificate of registration shall be returned to the denied petitioner, upon request, for such use as the law permits in making and filing a new petition for citizenship.

SEC. 26. Every declaration of intention shall be made in triplicate. Every petition for citizenship shall be made by the applicant in. duplicate, and filed by the clerk of court in duplicate. Every certificate of citizenship shall be issued by the clerk or prothonotary of court in duplicate. It is hereby made the duty of the clerk and the prothonotary of each and every court exercising naturalization jurisdiction to forward on the first working day of each month to the Bureau of Citizenship at Washington a duplicate of each declaration of intention, petition for citizenship, and certificate of citizenship made, filed, or issued by such clerk or prothonotary during the preceding month, together with a report of the name of each and every petitioner denied naturalization during the preceding month, and to furnish such other information or orders relating to this act as may be required from time to time by the Director of Citizenship. In case any such clerk or prothonotary, or officer acting under his direction, shall refuse or neglect to comply with any of the foregoing provisions, he shall forfeit and pay to the United States the sum of $25 in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk or prothonotary.

SEC. 27. The declaration of intention and the petitions for citizenship shall be bound in chronological order in separate volumes, indexed, consecutively numbered, and made part of the records of the court. Each certificate of citizenship issued shall bear upon its face, in a place prepared therefor, the volume number and page number of the petition whereon such cetificate was issued, and the volume number and page number on the stub of such certificate.

SEC. 28. Clerks and prothonotaries of courts having and exercising jurisdiction in naturalization matters shall be responsible for all blank certificates of citizenship received by them from time to time from the Bureau of Citizenship, and shall account for the same to the said bureau whenever required so to do by such bureau. No certificate of citizenship received by any such clerk or prothonotary which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificate shall be returned to the said bureau. In case any such clerk or prothonotary shall fail to return or properly account for any certificate furnished by the Bureau of Citizenship, as herein provided, he shall be liable to the United States in the sum of $50, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. The provisions of this section shall be equally applicable to each public-school officer receiving blank certificates of registration, such public-school officer shall be held responsible for them and shall render a true account therefor to the Bureau of Citizenship.

SEC. 29. It is hereby made a felony for any clerk or prothonotary of a court, or other person, to issue or be a party to the issuance of a certificate of citizenship contrary to the provisions of this act, except upon and after a final order formally entered of record under the hand of a court having jurisdiction to make such order. No clerk or prothonotary of a court, or other person, shall issue an exemplified copy or certified statement showing the naturalization of any person naturalized under the provisions of this act, or any other act, except upon the application of the citizen approved by the Director of Citizenship. It shall be unlawful to issue or cause to be issued any certificate for the purpose of showing the registration of an alien under the provisions of this act except in the manner herein prescribed and by those designated as herein authorized. Upon conviction, such clerk, prothonotary, or other person, shall be punished by imprisonment for not more than five years and by a fine of not more than $5,000, in the discretion of the court.

SEC. 30. Any clerk or other officer of a court having power under this act to naturalize aliens, or any public-school officer who willfully neglects to deposit in accordance with the requirements of this act moneys collected under its provisions, or neglects to render true accounts of moneys received under the provisions of this act, or who willfully neglects to pay over to the Bureau of Citizenship any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made by

the Director of Citizenship and refused, shall be deemed guilty of embezzlement of public moneys and shall be punishable by imprisonment for not more than five years or by a fine of not more than $5,000, or both.

SEC. 31. It shall be unlawful for any clerk or prothonotary of any court exercising jurisdiction in naturalization proceedings, or one acting for such officer, to demand, charge, collect, or receive any other or additional fees or moneys in naturalization proceedings, or for any public-school officer or other person to demand, charge, collect, or receive any other or additional fees or moneys for the certificate of registration, save the fees and moneys herein specified. A violation of any of the provisions of this section or any part thereof is hereby declared to be a felony and shall be punished by imprisonment for not more than two years or by a fine of not more than $1,000, or by both such fine and imprisonment.

SEC. 32. The clerk or prothonotary of any court exercising jurisdiction in naturalization proceedings, or any person acting under authority of this act, who shall knowingly certify that an alien, petitioner, affiant, or witness named in an affidavit, petition, certificate of registration, or certificate of citizenship, or other paper or writing required to be executed under the provisions of this act, personally appeared before him, was sworn thereto, or acknowledged the execution thereof, or signed the same, when in fact such alien, petitioner, affiant, or witness did not personally appear before him, or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof, or did not appear at the time or place stated, shall be punished by a fine not exceeding $5,000, or by imprisonment not to exceed five years.

SEC. 33. Any person who knowingly procures naturalization in violation of the provisions of this act shall be fined not more than $5,000 or shall be imprisoned not more than five years, or both. Upon conviction the court in which such conviction is had shall thereupon adjudge and declare the final order admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled to apply for or to secure naturalization, or to secure a certificate of citizenship, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

SEC. 34. If any person shall hereafter be found guilty of committing any of the acts or practicing any of the things set forth in (b), (c), (d), (g), or (h), or shall refuse to comply with the call in (f), all of section 20 of this act, after acquiring United States citizenship, or evidence of citizenship, under any provision of this act, such person shall be deemed to have acquired such citizenship or evidence thereof fraudulently, and such conduct shall be cause for adjudging the citizenship of such person, or evidence thereof, void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offenses enumerated in (b), (c), (d), (g), and (h) to make such adjudication. SEC. 35. For the purpose of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to the date when this act shall go into effect the existing naturalization laws shall remain in full force and effect.

SEC. 36. No person shall be prosecuted, tried, or punished for any crime arising under the provisions of this act unless the indictment is found or the information is filed within five years next after the commission of such crime. SEC. 37. The provisions of sections 74 to 81, both inclusive, of the act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909, shall be applicable to all certificates of citizenship, and to certificates of registration issued under this act, and to the application for and issuance of such certificates.

SEC. 38. The Secretary of Labor shall have power to make such rules and regulations as may be necessary for properly carrying into execution the various provisions of this act. Certified copies of all papers, documents, certificates, and records required to be used, filed, recorded or kept under any and all of the provisions of this act shall be admitted in evidence equally with the originals in any and all proceedings under this act and in all cases in which the originals thereof might be admissible as evidence. Members of the Bureau of Citizenship may be designated by the Secretary of Labor to administer oaths for general purposes relating to the administration of this act