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apply in respect of the record of registry authorized by this section in the same manner and to the same extent, including penalties, as they apply in respect of the oaths, notices, affidavits, certificates, orders, records, signatures, and other instruments, papers, or proceedings specified in such section 76 (act of March 2 1929; 45 Stat. 1513; U. S. C., title 8, sec. 106a).

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same extent, including penalties, as they apply in any naturalization or citizenship proceeding or any other proceeding under section 345.

SEC. 346. (a) Nothing contained in either chapter III or in chapter V of this Act, unless otherwise provided therein, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization or of citizenship, or other document or proceeding which shall be valid at the time this Act shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any act, thing, or matter, civil or criminal, done or existing, at the time this Act shall take effect; but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters, the statutes or parts of statutes repealed by this Act, are hereby continued in force and effect.

(b) Any petition for naturalization heretofore filed which may be pending at the time this chapter shall take effect shall be heard and determined within two years thereafter in accordance with the requirements of law in effect when such petition was filed.

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SEC. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state.

* And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war (act of Mar. 2, 1907; 34 Stat. 1228; U. S. C., title 8, sec. 17).

See above opposite subsection (a).

[Section 3 of the Act of May 24, 1934, which relates to the renunciation of United States citizenship by a citizen marrying an alien, provides:

SEC. 3. A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having jurisdiction over naturalization of aliens, but no citizen may make such renunciation in time of war, and if war shall be declared within one year after such renunciation then such renunciation shall be void (act of May 24, 1934; 48 Stat. 797; U. S. C., title 8, sec. 6).]

SEC. 1998. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provi

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SEC. 401. A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:

(a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person; or

(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or (c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States; or

(d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or

(e) Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or

(f) Using a passport of a foreign state as a national thereof; or

(g) Making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or

(h) Deserting the military or naval service of the United States in time of war, provided he is convicted thereof by a court-martial:

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ons of this section and said section nineteen hundred d ninety-six shall not apply to any person hereafter serting the military or naval service of the United cates in time of peace: And provided further, That e loss of rights of citizenship heretofore imposed by w upon deserters from the military or naval service ay be mitigated or remitted by the President where e offense was committed in time of peace and where e exercise of such clemency will not be prejudicial to e public interests: And provided further, That the rovisions of section eleven hundred and eighteen of e Revised Statutes of the United States that no derter from the military service of the United States all be enlisted or mustered into the military service, nd the provisions of section two of the Act of Conress approved August one, eighteen hundred and inety-four, entitled "An Act to regulate enlistments the Army of the United States," shall not be concrued to preclude the reenlistment or muster into the Army of any person who has deserted, or may herefter desert, from the military service of the United States in time of peace, or of any soldier whose ervice during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment. r muster into the military service of such person or soldier shall, in view of the good conduct of such person or soldier subsequent to such desertion or service, be authorized by the Secretary of War (Revised Statutes, 1878, sec. 1998, as amended by act of August 22, 1912, sec. 1, 37 Stat. 356; U. S. C., title 8, sec. 11).

SEC. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President dated the 11th day of March 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit nder the United States, or of exercising any rights of itizens thereof.

SEC. 1997. No soldier or sailor, however, who faithally served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion (Revised Statutes, 1878; U.S. C., title 8, sec. 12).

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Provided, however, (1) That, except as provided in subsection (h) hereof, no national can expatriate him

If any alien who shall have secured a certificate of citizenship under the provisions of this act shall, within five years after the issuance of such certificate, return to the country of his nativity, or go 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 alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancellation of his certificate of citizenship as fraudulent, and the diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship.

* * *

or

Whenever any certificate of citizenship shall be set aside or canceled, as herein provided, the court in which such judgment or decree is rendered shall make an order canceling such certificate of citizenship and shall send a certified copy of such order to the Bureau of Naturalization; and in case such certificate was not originally issued by the court making such order it shall direct the clerk of the court to transmit a copy of such order and judgment to the court out of which such certificate of citizenship shall have been originally issued. And it shall thereupon be the duty of the clerk of the court receiving such certified copy of the order and judgment of the court to enter the same of record and to cancel such original certificate of citizenship upon the records and to notify the Bureau of Naturalization of such cancellation.

The provisions of this section shall apply not only to certificates of citizenship issued under the provisions of this act, but to all certificates of citizenship which may

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self, or be expatriated, under this section while within s the United States or any of its outlying possessions. but expatriation shall result from the performance within the United States or any of its outlying possessions of any of the acts or the fulfillment of any of the conditions specified in this section, if and when the * national thereafter takes up a residence abroad; and (2) That no national under eighteen years of age can expatriate himself under subsections (b) to (h) inclusive.

SEC. 402. A person who has become a national by naturalization shall lose his nationality by:

(a) Residing for at least two years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, if he acquires through such residence the nationality of such foreign state by operation of the law thereof; or

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ve been issued heretofore by any court exercising risdiction in naturalization proceedings under prior ws (act of June 29, 1906; 34 Stat. 596; U. S. C., title sec. 405).]

[Concerning presumption of loss of citizenship: SEC. 2.

When any naturalized citizen shall have resided for o years in the foreign state from which he came, or r five years in any other foreign state it shall be premed that he has ceased to be an American citizen, ad the place of his general abode shall be deemed his ace of residence during said years: Provided, hower, That such presumption may be overcome on the resentation of satisfactory evidence to a diplomatic or onsular officer of the United States, under such rules nd regulations as the Department of State may preribe: And provided also, That no American citizen hall be allowed to expatriate himself when this couny is at war (act of March 2, 1907; 34 Stat. 1228; 1. S. C., title 8, sec. 17).]

[Presumption of expatriation arising against Americans residing abroad and rules prescribed by the Department of State whereunder the presumption may be

Overcome:

1. Section 2 of the act of March 2, 1907 (34 Stat. 1228; U. S. C., title 8, sec. 17), concerning expatriation provides in part as follows:

"SEC. 2. That any American citizen shall be deemed o have expatriated himself when he has been naturalzed in any foreign State in conformity with its laws, or when he has taken an oath of allegiance to any foreign State.

"When any naturalized citizen shall have resided for two years in the foreign State from which he came, or for five years in any other foreign State it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or

(b) Residing continuously for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, except as provided in section 404 hereof.

SEC. 403. Section 402 shall have no application to a person:

(a) Who resides abroad in the employment and under the orders of the Government of the United States;

(b) Who is receiving compensation from the Government of the United States and residing abroad on account of disability incurred in its service.

SEC. 404. Subsection (b) of section 402 shall have no application to a person:

(a) Who shall have resided in the United States not less than twenty-five years subsequent to his naturalization and shall have attained the age of sixty-five years when the foreign residence is established;