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.

 
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

10 Ann. c. 5.

 
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

Children of natural-born Subjects born out of the Allegiance of the Crown, declared to be natural-born.

 
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

7 Ann. c. 5. s. 3.

 
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