1808: 48 George 3 c.37: An act for making valid certain orders in council, and warrants of the commissioners of the treasury, for the entry and warehousing of certain goods imported in neutral vessels, and for indemnifying all persons concerned therein; for the remitting of forfeitures in certain cases; and for enabling His Majesty to allow, during the continuance of hostilities, and until two months after the commencement of the next session of Parliament, the importation of goods from countries from which the British flag is excluded, in any vessels whatever.

[14 April, 1808.]

Whereas several neutral vessels, bound to ports on the continent of Europe from which the British flag has been excluded, have arrived in the ports of the United Kingdom, having been warned or brought into such ports in consequence of His Majesty’s orders on council for that purpose, and parts of the cargoes of such vessels have been admitted to entry for home consumption, or warehoused for exportation; and other parts of such cargoes, consisting of goods the growth, produce, or manufacture of countries within the limits of the charter granted to the United Company of Merchants of England trading to the East Indies, not imported by the said company, have been warehoused for exportation only: And whereas, in consequence of the late events in Portugal, wine and other commodities have been brought from the dominions of the Crown of Portugal in vessels not owned and navigated according to law, and have been admitted to entry or warehoused, in obedience to orders of council and warrants of the commissioners of His Majesty’s treasury, which it has been deemed expedient under the circumstances to issue for such purposes; which orders and warrants, and the proceedings thereupon, were not authorized by law; but it is expedient, under the circumstances, that the same should be authorized by an act of Parliament; and it is also expedient that the importation of goods from countries from which the British flag is excluded shall be allowed for a limited time in any vessels:

1. Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all such importations, admissions to entry, warehousing for home consumption or for exportation, and securing in warehoused goods of the produce or manufacture of places within the limits of the charter granted to the East India Company for exportation only; and also all importations and admissions to entry, and warehousing of goods and commodities from the dominions of the Crown of Portugal, which have been made as aforesaid, before the passing of this act, whether under orders in council or by warrants of the commissioners of the treasury, shall be deemed and taken to be good in law; and all persons concerned in advising, issuing, or carrying the same into execution shall be, and are, hereby indemnified accordingly; any thing in any act of Parliament to the contrary notwithstanding; and no vessels, goods, or commodities which have been admitted to entry, or imported, or warehoused, or secured under any such order or warrant, shall be subject to any forfeiture, or the owner thereof be subject to any penalty by reason thereof.

2. And be it further enacted, That it shall be lawful for the importers, proprietors, or consignees of any goods or commodities that may have been, or which shall be, brought into any port of the United Kingdom, in any ship or vessel which shall have come in, in consequence of any warning under the said orders in council, or in any ship or vessel which shall have sailed from any port or place within the respective limits enumerated in His Majesty’s order in council of the twenty-fifth day of November one thousand eight hundred and seven, before the respective days specified in the said order, on or after which days the vessels sailing from such ports or places are to be deemed to have received notice of the aforesaid order of the eleventh day of November, one thousand eight hundred and seven, duly to enter and land any such goods or commodities, either for the purpose of securing the same in warehouses for exportation, or on payment of the full duties of customs and excise due thereon, as the case may warrant; and that no ship or vessel so arriving as aforesaid shall be liable to forfeiture, or the owners or proprietors thereof, to any other respect legally authorized to import into this kingdom the goods or commodities of which the cargo shall consist; nor shall any goods or commodities, being part of the cargo of any ship or vessel so brought in a aforesaid, be liable to forfeiture, or the owners thereof to any penalty, by reason of any such goods or commodities being in packages not allowed by law, or for being in any other manner prohibited to be imported into this kingdom; any law, custom, or usage to the contrary notwithstanding.

3. And be it further enacted, That it shall be lawful for His Majesty, by order in council or license, and in Ireland for the Lord Lieutenant, or other chief governor or governors, and the privy council of Ireland, by order in council, or license, when and as often as the same shall be judged expedient, to permit, during the continuance of hostilities, and until two months after the commencement of the next session of Parliament, any such goods, wares, or merchandise as shall be specified in such order in council or license, to be imported into any port of Great Britain or Ireland respectively, from any port or place from which the British flag is excluded, in any ship or vessel belonging to any country, whether in amity with His Majesty or not; any law in force, in the United Kingdom, or in Great Britain or Ireland respectively, to the contrary in anywise notwithstanding.

4. Provided always, That nothing herein contained shall extend, or be construed to extend, to exempt from seizure any goods or commodities which shall have been made thereof.

5. And be it further enacted, That this act may be altered, amended, or repealed, by any act or acts to be passed in this session of Parliament.

Source: The Napoleon Series, taken from American State Papers, Foreign Relations, vol. 3.