4781.
PUBLIC RECORD OFFICE
།། ། ། ། །
C.O.
Reference :-
· 885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
SIR,
No. 250.
(HoNa KONG)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, May 21, 1864. We are honoured with your commands signified in Sir Frederic Rogers' letter of the 30th ultimo, stating that he was directed by you to submit to us for our con- sideration the accompanying case respecting the recovery of the sum of 1041. 38. 4d. advanced by the Government of Hong Kong as remuneration in the conveyance to that harbour of the passengers of the wrecked barque “ Ardville."
That on the 1st March 1863 the British barque "Ardville," containing Chinese emigrants from San Francisco, was wrecked in the Chinese seas, and the crew and passengers were brought to Hong Kong in two Chinese junks.
That the Master, Williamson, gave to the principal Chinese junk owner a promis- sory note for $2,000 for the services performed. But having no money he applied to
the Governor to pay the sum, offering to give a bill on the registered owner, Mr. Charles Kitto, 58, Gresham House, Bishopsgate Street, London.
That the following was a copy of the promissory note:-
"I promise to pay to the bearer, Atchew, the sum of two thousand dollars for taking myself and crew to Hong Kong.
(Signed) "W. R. WILLIAMSON.
"Saving all the goods that can be saved."
"$2,000, signed Emma Williamson.
*
(Signed)
"Crew and passengers only brought up. No goods saved."
"W.R.W.
That no money being forthcoming Williamson applied to the Hong Kong Govern- ment to discharge this promissory note. And the Governor paid Atchew $1,000,
which was considered a reasonable remuneration.
That a copy of the junk man's receipt was annexed.
That half of the amount advanced by the Hong Kong Government, viz., 1041. 38. 4d. assumed to have been paid in respect of the crew, was repaid by the Board of Trade out of the Parliamentary vote for distressed seamen. But their Lordships considered that the other half assumed to have been paid in respect of the passengers could not be defrayed from the same source, and an application was therefore made to the owner, Mr. Kitto.
That Mr. Kitto declined payment on the ground that, though his name appears as the registered owner, he was not the real owner, but Captain Williamson, who himself received and kept the earnings of the ship.
That on application being made in Hong Kong to Mr. Williamson he again denied the ownership of the vessel, and the Attorney General, Mr. Smale, declared that no legal proceedings could be instituted against him.
That the matter was then sent home, and the Crown Agents were directed to proceed against Mr. Kitto, but were informed by their solicitors that no action would lie against Mr. Kitto.
Sir Frederic Rogers was also pleased to state, that with regard to the opinion of these gentlemen, he was directed to inform us, that it was never supposed that the "Ardville" was a passenger ship, or consequently that the money advanced was recoverable under the Passengers Act, 18 & 19 Vict. c. 116. 88. 52, 54.
And that you would wish to be informed whether this advance of 1041. 3s, 4d. can in our opinion be recovered, either from Mr. Kitto or from Mr. Williamson, or, at the option of the Government, from either of them, and if the money can be recovered at all, what steps we would advise to be taken for its recovery.
Sir Frederic Rogers was further pleased to state that the whole correspondence relating to this subject was annexed. And that he was directed to draw our attention to 9 & 10 Vict. c. 99. s. 19. which declares that salvage may be awarded for preser- vation of life.
0 16278-70. 25. 2,66,
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