king George the second to the person prosecuting a writ of mandamus to demur to the return made to any such writ, so that the decision of the said court of queen's bench as to the validity of such return could be reviewed by a court of error; for remedy whereof, therefore, be it enacted, that in all cases in which the person prosecuting any writ of mandamus heretofore issued or hereafter to be issued shall wish or intend to object to the validity of any return heretofore made or hereafter to be made to the same, he shall do so by way of demurrer to the same, in such and the like manner as is now practised and used in the said court in personal actions, and thereupon the said writ and return and the said demurrer shall be entered on record in the said court, and such and the like further Proceedings proceedings shall be thereupon had and taken as upon a demurrer to pleadings in personal actions in the said court; and the said court shall thereupon adjudge either that the said return is valid in law, or that it is not valid in law, or that the writ of mandamus is not valid in law; and if the court adjudge that the said writ is valid in law, but that the return thereto is not valid in law, then and in every such case the court shall also by the said judgment award that a peremptory mandamus shall issue in that behalf; and thereupon such peremptory writ of mandamus may be sued out and issued accordingly at any time after four days from the signing of the said judgment; and it shall be lawful for the said court and they are hereby required, in and by their said judgment, to award costs to be paid to the party in whose favour they shall thereby decide, by the other party or parties. thereupon. Party agjudgment grieved by may sue out error to re a writ of verse the same. VII. And be it enacted, that whenever any such judgment as is herein before mentioned shall be given, or whenever issue in fact or in law shall be joined upon any pleadings, in pursuance of the said recited act of the reign of his majesty king George the second, and of this act, or of either of them, and judgment shall be given thereon by the said court, it shall be lawful for any party to the record in any of such cases, who shall think himself aggrieved by such judgment, to sue out and prosecute a writ of error for the purpose of reversing the same, in such manner and to such court or courts as a party to any personal action in the said court of queen's bench in Ireland may now sue out and prosecute a writ of error upon the judgment in such action, and such and the like proceedings shall thereupon be had and taken, and such costs awarded, as in ordinary cases of writs of error upon judgments of the said court in personal actions; and if the judgment of the said court be reversed by the court of error the said court of error shall thereupon, by their judgment, not only reverse the same, but shall also, in addition thereto, give the same judgment which the court whose judgment is so reversed ought to have given in that behalf; and if by their said judgment they shall award that a peremptory writ of mandamus shall issue, the same shall and may accordingly be issued by the proper officer in the office from which such writs issue, upon production to him of an office copy of the said judgment of the court of error, which shall be his authority and warrant for so doing : Bail in error provided always, that bail in error to the amount of fifty pounds, put in within or such other sum as may by any rule of practice be appointed as shall be duly after allow. ance of writ. hereinafter provided, shall be duly put in within four days after the four days allowance of the said writ of error, and the same shall afterwards be duly perfected according to the practice of the court wherein the said original judgment was given, otherwise the plaintiff in error shall be deemed to have abandoned his writ of error, and the same shall not be further prosecuted. No action, VIII. And be it enacted, that no action, suit, or any other pro- by reason ceeding shall be commenced or prosecuted in Ireland against any of any thing person or persons whatsoever for or by reason of any thing done in done in obeobedience to any peremptory writ of mandamus issued by any court peremptory" having authority to issue writs of mandamus. dience to any writ. Court of error may &c. IX. And be it enacted, that the said court or courts of error which are hereby empowered to take cognizance of the matters make rules aforesaid may make and they are hereby directed to make, from of practice. time to time and as often as they shall see occasion, such rules of practice in reference to the said application and the proceedings thereon, and in reference to the writs of error hereinbefore mentioned, and the proceedings thereon, and the amount of bail to be taken, as the said courts respectively may deem necessary to effectuate the intention of this act in relation to the same respectively. X. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament. Act may be amended,&c. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1816. PROTESTANTS, FOREIGN, NATURALIZED. 7 ANNE, CAP. 5,-An act for naturalizing foreign protestants.Whereas the increase of people is a means of advancing the wealth and strength of a nation; and whereas many strangers of the protestant or reformed religion out of a due consideration of the happy constitution of the government of this realm, would be induced to transport themselves and their estates into this kingdom, if they might be made partakers of the advantages and privileges which the natural born subjects thereof do enjoy; be it enacted, &c. All persons taking the oaths, and making and subscribing the declaration appointed by 6 Anne, c. 23, shall be deemed natural born subjects. No person to have the benefit of this act, unless he have received the sacrament, &c. all Children of deemed na subjects; explained by 4 Geo. 2, c. 21, extend to III. And be it further enacted by the authority aforesaid, that the natural born children of all natural born subjects born out of the legiance of her subjects born majesty, her heirs and successors, shall be deemed, adjudged, and abroad, to be taken to be natural born subjects of this kingdom, to all intents, tural born constructions, and purposes whatsoever. IV. And be it further enacted by the authority aforesaid, that This act to persons born out of the legiance of her majesty, her heirs or Ireland. successors, who shall qualify themselves in the courts of chancery, queen's bench, common pleas or exchequer, within the kingdom of Ireland, or at some general quarter sessions of the peace, to be held for the county where he or they do or shall inhabit, reside, or settle within the said kingdom, in like manner as persons are by this act required to do within the kingdom of Great Britain, all and every such persons shall be deemed, adjudged, and taken to be her majesty's natural born subjects of the said kingdom of Ireland, to all intents, constructions, and purposes, as if they, and every of them, See further had been, or were born within the said kingdom of Ireland. concerning naturaliza tion, 1 G. 1, c. 4. 13 Geo. 2, c. 7. 20 Geo. 2, c. 44. 22 Geo. 2, c. 45. 25 Geo. 2, c. 59. 10 Anne, Cap. 5.—An act to repeal the act of the seventh year of her majesty's reign, intituled an act for naturalizing foreign protestants (except what relates to the children of her majesty's natural born subjects born out of her majesty's allegiance.)-Whereas an act of parliament was made and passed in the seventh year of her majesty's 7 Anuæ, c. 5. reign, intituled an act for naturalizing foreign protestants: and whereas divers mischiefs and inconveniences have been found by experience to follow from the same, to the discouragement of the natural born subjects of this kingdom, and to the detriment of the trade and wealth thereof; be it therefore enacted by the queen's Repealed, most excellent majesty, by and with the advice and consent of the children of lords spiritual and temporal, and commons, in this present par- subjects, liament assembled, and by the authority of the same, that the before born out of mentioned act, and all the matters and things therein contained (except so much of the said act by which the children of all natural born subjects born out of the allegiance of her majesty, her heirs except the natural born the queen's legiance. and successors, are to be deemed, adjudged, and taken to be natural born subjects of this kingdom) shall be, and is hereby repealed, annulled, and made void, to all intents and purposes whatsoever; This repeal provided nevertheless, that such repeal shall not in any sort prenot prejudice or impeach the naturalization of any persons who have been sons natural- or shall be naturalized at any time before the fourth day of February 4 Feb. 1711. which shall be in the year of our Lord one thousand seven hundred and eleven, pursuant to the directions of the before mentioned act. dice any ized before 1 GEORGE 1, Stat. 2, Cap. 29.-An act for allowing a time for two hundred and thirteen families of protestant Palatines, now settled in Ireland, to take the oaths, in order to entitle them to all the benefits intended them by the act of the seventh year of her late majesty's reign, for naturalizing foreign protestants. EXP. 4 GEORGE 2, CAP. 21.-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.7 Anne, c. 5. Whereas by an 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 legiance 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 10 Anne, c.5. 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 Children of assembled, and by the authority of the same, that all children born out of the legiance of the crown of England, or of Great Britain, or out of the which shall hereafter be born out of such legiance, whose fathers allegiance of were or shall be natural born subjects of the crown of England, or of declared to be of Great Britain, at the time of the birth of such children respectively, natural born. shall and may, by virtue of the said recited clause in the said act of 7 Anne, c. 5, 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 of Great Britain, to all intents, constructions and purposes whatsoever. natural born subjects born the crown, f. 3. Children of parents treason, II. Provided always, and be it further enacted and declared by attainted of the authority aforesaid, that nothing in the said recited act of the seventh year of her said late majesty's reign, or in this present act contained, did, doth or shall extend, or ought to be construed, adjudged or taken to extend, to make any children born or to be born out of the legiance of the crown of England, or of the crown of |