Anno
Regni G E O R G I I II. quarto.
British
Nationality Act, 1730
1730 (4
Geo. 2) C A P. XXI.
ARRANGEMENT
OF SECTIONS
PREAMBLE
Section
2. Children
of Parents attainted of Treason,
3. Proviso.
'AT the
Parliament begun and holden at Westminsterthe twenty-third Day of January,
Anno Dominione thousand seven hundred and twenty-seven, in the first Year of
the Reign of our Sovereign Lord GEORGE II. by the Grace of God, of Great
Britain, France and Ireland, King, Defender of the Faith,
&c. and from thence continued by several Prorogations to the twenty-first
Day of January one thousand seven hundred and thirty-one, being the fourth
Session of this present Parliament.'
An Act to
explain a Clause in an Act made in the seventh Year of the Reign of her late
Majesty Queen Anne, For naturalizing Foreign Protestants, which
relates to the Children of the natural-born Subjects of the Crown of England, or of Great
Britain.
'WHEREAS by an
7 Ann. c. 5. 10 Ann. c. 5. Children of natural-born Subjects
born out of the Allegiance of the Crown, declared to be natural-born. 7 Ann. c. 5. s. 3.
Act of Parliament made in the seventh Year of the Reign of her late
Majesty Queen Anne, intituled, An
Act for naturalizing of foreign Protestants, it is, amongst other
Things, enacted, That the Children of all natural-born Subjects, born out of
the Ligeance of her said late Majesty, her Heirs and Successors, should be
deemed, adjudged and taken to be natural-born
Subjects of this Kingdom to all Intents, Constructions and Purposes
whatsoever: And whereas in the tenth Year of her said late Majesty's Reign
another Act was made and passed to repeal the said Act (except what related to
the Children of her Majesty's natural-born Subjects, born out of her Majesty's
Allegiance:) And whereas some Doubts have arisen upon the Construction of the
said recited Clause in the said Act of the seventh Year of her late Majesty's
Reign:' Now for the explaining the said recited Clause in the said Act,
relating to Children of natural-born Subjects, and to prevent any Disputes
touching the true Intent and Meaning thereof, May it please your most Excellent
Majesty that it may be declared and enacted, and be it declared and enacted by
the
King's most Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and the Commons, in this present Parliament
assembled, and by the Authority of the same, That all Children born out of the
Ligeance of the Crown of England, or of Great Britain, or which
shall hereafter be born out of such Ligeance, whose Fathers were or shall be
natural-born Subjects of the Crown of England, or of Great
Britain, at the Time of the Birth of such Children respectively, shall
and may, by virtue of the said recited Clause in the said Act of the seventh
Year of the Reign of her said late Majesty, and of this present
Act, be adjudged and taken to be, and all such Children are hereby
declared to be natural-born Subjects of the Crown ofGreat Britain, to all
Intents, Constructions and Purposes whatsoever.
Proviso.
III. Provided always, and be it further enacted by the Authority
aforesaid, That if any Child, whose Father at the Time of the Birth of such
Child was attainted of High Treason as aforesaid, or was liable to the
Penalties of High Treason or Felony, in care of returning into this Kingdom or Ireland without
Licence as aforesaid, or was in the actual Service of any foreign Prince or
State then in Enmity with the Crown of England, or of Great
Britain (other than and excepting always out of this Proviso all Children
of such Persons, who went out of Ireland in pursuance of the Articles
of Limerick) hath come into Great Britainor Ireland, or any
other of the Dominions belonging to the Crown of Great Britain, and hath
continued to reside within Great Britainor Ireland, or other
the Dominions aforesaid, for the Space of two Years, at any Time between the
sixteenth Day of Novemberin the Year of our Lord one thousand
seven hundred and eight, and the twenty-fifth Day of March in the Year
of our Lord one thousand seven hundred and thirty-one, and during such
Residence hath professed the Protestant Religion; or if any Child, whose Father
at the Time of his or her Birth was within any of the Descriptions
before-mentioned, hath come into Great Britain or Ireland, or any
other of the Dominions belonging to the Crown of Great Britain, and
professed the Protestant Religion, and died within Great Britainor Ireland, or any
other of the Dominions aforesaid, at any Time between the said sixteenth Day of
Novemberin the Year of our Lord one thousand seven hundred and eight, and
the said twenty-fifth Day of March in the Year of our Lord one
thousand seven hundred and thirty-one; or if any Child, whose Father at the
Time of his or her Birth was within any of the Descriptions before-mentioned,
hath been and continued in the actual Possession or Receipt of the Rents and
Profits of any Lands, Tenements or Hereditaments in Great Britainor Ireland, for the
Space of one whole Year, at any Time between the said sixteenth Day of November in the Year
of our Lord one thousand seven hundred and eight, and the said twenty-fifth Day
of March in the Year of our Lord one thousand seven hundred and thirty-one,
or hath bona fide, and for good and valuable Consideration, sold, conveyed or
settled any Lands, Tenements or Hereditaments in Great Britain or Ireland, and any
Person claiming Title thereto, under such Sale, Conveyance or Settlement, hath
been and continued in the actual Possession or Receipt of the Rents and Profits
thereof for the Space of six Months, between the said sixteenth Day of November in the Year
of our Lord one thousand seven hundred and eight, and the said twenty-fifth Day
of March in the Year of our Lord one thousand seven hundred and
thirty-one, every such Child shall be deemed, adjudged and taken to be and to
have been a natural-born Subject of the Crown of England, or of the
Crown of Great Britain, to all Intents, Constructions and Purposes
whatsoever; any Thing herein contained to the contrary thereof in any wise
notwithstanding.
Note : this
act is listed in the Chronological Table of Statutes as theBritish Nationality
Act, 1730