On this subject, a report was annexed: And that he was directed to draw our attention to 9 & 10 Vict. cap. 99, sec. 19, which declares, that salvage may be awarded for preservation of life.
Salvage awarded for preservation
In obedience to your Commands we have taken this matter with consideration, and have the honour to Report: That the claim is not a Colonial Government claim for salvage, but a claim on a contract entered into with Williamson, the Master of ships, whereby money was advanced to his use, and at his request. The Colonial Government appear to have dealt with Williamson as principal, and not to have advanced the money on the credit of W. Kitto, on whose behalf they had no knowledge.
The Master had no express authority from Mr Kitto to borrow the money; and we think that there is much difficulty in contending that he had implied authority, from the bare fact, (beyond which there is no proof,) of W. Kitto being the registered Owner. This fact indeed is not inconsistent with the statement, not denied by Williamson, that Williamson had the sole beneficial interest in the employment of the ship.
Under these circumstances, understanding Williamson to be still at Hong Kong, we think that proceedings should be instituted against him in the Courts of Hong Kong, to recover the £104.3.4. If these proceedings should be ineffectual, we think there will be no other remedy.
We have the honour to be,
Your most obedient humble Servants
Roundell Palmer
R.B. Commer...