gration and Naturalization Service " within thirty days from the close of each quarter in each fiscal year and the moneys so received shall be disposed of in the same manner as provided in section 13 of such Act of June 29, 1906, as amended. (45 Stat. 1515; 8 U. S. C. 402 (a).) 15

In addition to the fees herein required, the petitioner shall, upon the filing of his petition to become a citizen of the United States, deposit with and pay to the clerk of the court a sum of money sufficient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he may request a subpoena, and upon the final discharge of such witnesses they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner: Provided, That the clerks of courts exercising jurisdiction in naturalization proceedings shall be permitted to retain one-half of the fees in any fiscal year up to the sum of three thousand dollars, and that all fees received by such clerks in naturalization proceedings in excess of such amount shall be accounted for and paid over to said Service 16 as in case of other fees to which the United States may be entitled under the provisions of this Act. The clerks of the various courts exercising jurisdiction in naturalization proceedings shall pay all additional clerical force that may be required in performing the duties imposed by this Act upon the clerks of courts from fees received by such clerks in naturalization proceedings. (34 Stat. 600; 8 U. S. C. 402.)

CLERICAL ASSISTANCE

And in case the clerk of any court exercising naturalization jurisdiction collects fees in excess of the sum of six thousand dollars in any fiscal year the Attorney General 2 may allow salaries, for naturalization purposes only, to pay for clerical assistance, to be selected and employed by that clerk, additional to the clerical force, for which clerks of courts are required by this section to pay from fees received by such clerks in naturalization proceedings, if in the opinion of said Attorney General 92 the naturalization business of such clerk warrants further additional assistance: Provided, That in no event shall the whole amount allowed the clerk of a court and his assistants exceed the one-half of the gross receipts of the office of said clerk from naturalization fees during such fiscal year: Provided further, That when, at the close of any fiscal year, the business of such clerk of court indicates in the opinion of the Attorney General, that the naturalization fees for the succeeding fiscal year will exceed six thousand dollars the Attorney General 92 may authorize the continuance of the allowance of salaries for the additional clerical assistance herein provided for and employed on the last day of the fiscal year until such time as the remittances indicate in the opinion of said Attorney General 22 that the fees for the then

92

For footnote 2 see p. 481.

92

Between July 1, 1929, when this paragraph became a part of sec. 13. Act of June 29, 1906, and June 10, 1933, the words "Immigration and Naturalization Service" read "Bureau of Naturalization." For discussion of consolidation of Bureaus of Immigration and Naturalization of the Department of Labor, see footnote 25, p. 462.

15 Sec. 7 (b), Act of March 2, 1929, effecive July 1, 1929, p. 536.

10 The word "Service" originally read "Bureau" in sec. 13, Act of June 29, 1906. See footnote 25, p. 462.

current fiscal year will not be sufficient to allow the additional clerical assistance authorized by this Act. (36 Stat. 830; 8 U. S. C. 402.) 17

That payment for the additional clerical assistance herein authorized shall be in the manner and under such regulations as the Attorney General 2 may prescribe. (36 Stat. 830; 8 U. S. C. 402.) * Provided, That the whole amount allowed for a fiscal year to the clerk of a court and his assistants from naturalization fees and this appropriation or any similar appropriation made hereafter shall be based upon and not to exceed the one-half of the gross receipts of said clerk from naturalization fees during the fiscal year immediately preceding unless the naturalization business of the clerk of any court during the year shall be in excess of the naturalization business of the preceding year, in which event the amount allowed may be increased to an amount equal to onehalf the estimated gross receipts of the said clerk from naturalization fees during the current fiscal year: (40 Stat. 171;

8 U. S. C. 402.) 18

BINDING AND INDEXING DECLARATIONS AND PETITIONS-CHRONOLOGICAL ORDER-NUMBERING CERTIFICATES

SEC. 14.19 That the declarations of intention and the petitions for naturalization shall be bound in chronological order in separate volumes, indexed, consecutively numbered, and made part of the records of the court. Each certificate of naturalization issued shall bear upon its face, in a place prepared therefor, the volume number and page number of the petition whereon such certificate was issued, and the volume number and page number of the stub of such certificate. (34 Stat. 601; 8 U. S. C. 404.)

CANCELATION OF CERTIFICATES OF CITIZENSHIP-GROUNDS AND PROCEDURE

SEO. 15. That it shall be the duty of the United States district attorneys for the respective districts or the Commissioner or Deputy Commissioner of Immigration and Naturalization upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured.20 In any such

For footnote " see p. 481.

17 Sec. 1, Act of June 25, 1910. The last sentence of this section originally read as follows in the Act of June 29, 1906 (34 Stat. 600-601): "And in case the clerk of any court collects fees in excess of the sum of six thousand dollars in any one year, the Secretary of Commerce and Labor may allow to such clerk from the money which the United States shall receive additional compensation for the employment of additional clerical assistance, but for no other purpose, if in the opinion of the said Secretary the business of such clerk warrants such allowance."

18 Sec. 1, Act of June 12, 1917, p. 509, carrying into effect sec. 13, Act of June 29, 1906 (34 Stat. 600). supplemented but did not amend Act of June 29, 1906.

19 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), effective January 13, 1941, but see sec. 337 (f) thereof, p. 386, for provisions on the same subject.

20 The first sentence of this section originally read as follows in the Act of June 29, 1906 (34 Stat. 601): "That it shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally_procured." Sec. 1, Act of May 9, 1918 (40 Stat. 544; 8 U. S. C. 405). repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173), provided that the duties of the United States attorneys performed under sec. 15, Act of June 29, 1906, may also be

proceedings the party holding the certificate of citizenship 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 States; and if the holder of such certificate be absent from the United States or from the district in which he last had his residence, 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 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 cancelation 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, or 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. (34 Stat. 601; 8 U. S. C. 405.)

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 Immigration and Naturalization Service; 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 Immigration and Naturalization Service 21 of such cancelation.

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 have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws."2 (34 Stat. 601; 8 U. S. C. 405.)

performed by the Commissioner or Deputy Commissioner of Naturalization. Executive Order 6166 June 10, 1933. sec. 14 (5 U. S. C. following ch. 1) consolidated the Bureaus of Immigration and Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service, at the head of which was placed a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner General of Immigration and Commissioner of Naturalization to the Commissioner of Immigration and Naturalization. See footnote 61, p. 474.

This section was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941, but see sec. 338 (1), p. 388, of that Act for provisions on the same subject.

PUNISHMENT FOR ISSUING FALSE CERTIFICATES

SEO. 16." [Repealed by Act of March 4, 1909, 35 Stat. 1159.]

PUNISHMENT FOR ENGRAVING, PRINTING, SELLING, ETC., CERTIFICATES

SEC. 17." [Repealed by Act of March 4, 1909, 35 Stat. 1159.]

ISSUANCE OF CERTIFICATES OF CITIZENSHIP CONTRARY TO PROVISIONS OF THIS ACT, EXCEPT UPON FINAL ORDER UNDER HAND OF COURT; PENALTY

SEO. 18. That it is hereby made a felony for any clerk 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 a final order under the hand of a court having jurisdiction to make such order, and upon conviction thereof such clerk or other person shall be punished by imprisonment for not more than five years and by a fine of not more than five thousand dollars, in the discretion of the court. (34 Stat. 602; 8 U. S. C. 410.)

PUNISHMENT FOR UNLAWFUL POSSESSION OF BLANK CERTIFICATES
SEO. 19.28

[Repealed by Act of March 4, 1909, 35 Stat. 1159.]

EMBEZZLEMENT BY CLERK OR OTHER OFFICER OF COURT; PENALTY

SEO. 20. That any clerk or other officer of a court having power under this Act to naturalize aliens, who willfully neglects to render true accounts of moneys received by him for naturalization proceedings or who willfully neglects to pay over 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 and refused, shall be deemed guilty of embezzlement of the public moneys, and shall be punishable by imprisonment for not more than five years, or by a fine of not more than five thousand dollars, or both. (34 Stat. 602; 8 U. S. C. 411.)

This section prior to its repeal read as follows (34 Stat. 602):

"That every person who falsely makes, forges, counterfeits, or causes or procures to be falsely made, forged, or counterfeited, or knowingly aids or assists in falsely making, forging, or counterfeiting any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person or persons, shall be guilty of a felony, and a person convicted of such offense shall be punished by imprisonment for not more than ten years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment."'

This section prior to its repeal read as follows (84 Stat, 602):

That every person who engraves or causes or procures to be engraved, or assists in engraving, any plate in the likeness of any plate designed for the printing of a certificate of citizenship, or who sells any such plate, or who brings into the United States from any foreign place any such plate, except under the direction of the Secretary of Commerce and Labor, or other proper officer, and any person who has in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use such plate or suffer the same to be used in forging or counterfeiting any such certificate or any part thereof; and every person who prints, photographs, or in any other manner causes to be printed, photographed, made, or executed, any print or impression In the like ness of any such certificate, or any part thereof, or who sells any such certificate, or brings the same into the United States from any foreign place, except by direction of some proper officer of the United States, or who has in his possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent to unlawfully use the same, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such fine and imprisonment."

26 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172: 8 U. 8. C. 904), effective January 13. 1941. See sec. 846, p. 394. of that Act for Penal Provisions.

This section prior to its repeal read as follows:

"That every person who without lawful excuse is possessed of any blank certificate of citizenship provided by the Bureau of Immigration and Naturalization, with intent unlawfully to use the same, shall be imprisoned at hard labor not more than five years or be fined not more than one thousand dollars."

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See sec. 348, p. 894, of that Act for Penal Provisions.

CHARGING OR RECEIVING OF EXCESSIVE NATURALIZATION FEES BY CLERKS OF COURT; PENALTY

SEC. 21. That it shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturalization proceedings, or to demand, charge, collect, or receive any other or additional fees or moneys in naturalization proceedings save the fees and moneys herein specified; and a violation of any of the provisions of this section or any part thereof is hereby declared to be a misdemeanor and shall be punished by imprisonment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. (34 Stat. 602; 8 U. S. C. 412.)

FALSE CERTIFICATE BY CLERK OF COURT; PENALTY

SEC. 22.27 That the clerk of any court exercising jurisdiction in naturalization proceedings, or any person acting under authority of this Act, who shall knowingly certify that a petitioner, affiant, or witness named in an affidavit, petition, or certificate of citizenship, or other paper or writing required to be executed under the provisions of this Act, personally appeared before him and was sworn thereto, or acknowledged the execution thereof or signed the same, when in fact such 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, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not to exceed five years. (34 Stat. 603; 8 U. S. C. 413.)

PROCURING OR AIDING IN PROCURING NATURALIZATION IN VIOLATION OF LAW; PENALTY; FINAL ORDER OF CITIZENSHIP TO BE DECLARED VOID

SEC. 23.27 That any person who knowingly procures naturalization in violation of the provisions of this Act shall be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, and 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 thereto to apply for or to secure naturalization, 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 five thousand dollars, or imprisoned not more than five years, or both. (34 Stat. 603; 8 U. S. C. 414.)

STATUTE OF LIMITATIONS UNDER THIS ACT [JUNE 29, 1906]

28

SEC. 24. That no person shall be prosecuted, tried, or punished for any crime arising under the provisions of this Act [of June 29,

For footnote see p. 489.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), effective January 13, 1941. See sec. 346 (g), p. 402, for Statute of Limitations under that Act.