CO129-102 - Public Offices - 1864 — Page 172

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

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...

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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...
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Cou On his subject, was annexed: And that he was directed to draw our attention to 9.4 10. Vict. cap. QQ. sec. 19. which declares, that sa may bc of life. Salvage awarded for preservation In obedience to your Commands we have taken this matter witor consideration, and have the honour to Report: That the claimd the off it is not a Colonial Government clann for salvage, but a clain on a confact entered into with Williamson, the Master the 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 a advanced the 1 W. Kitto, of money the credit whom they had no 1. The Master had knowledge. express express authority from Mr Kitto tor borrow the money; and we think that there is much difficulty in contending that he had implied authority, from the bare fact, (beyoud which there is no Kitto being the proof,) of W. registered 170 Owner), This fact indeed is not inconsistent with the statement Av. Kittor of not denied: by Williamson, thats Williamson had the sole beneficial interest in the ensployment of the ship. Under these circumstances, understanding Williamson to be still at Hong Kong, should be we think that procece proceedings instituted against kime me the Courts oftong 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 Siv Su most obedient humble Servants Roundell Palmer RB. Commer
2026-05-19 08:53:50 · Baseline
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Cou

On

his subject,

was annexed: And that he was directed to draw

our attention to 9.4 10. Vict. cap. QQ. sec. 19. which declares, that sa

may

bc

of life.

Salvage awarded for preservation

In obedience to your

Commands

we have taken this

matter witor consideration, and have the honour to Report: That the claimd the

off

it is not a

Colonial Government clann for salvage, but a clain on a confact entered into with Williamson, the Master

the

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

a

advanced the

1

W. Kitto,

of

money

the credit

whom they had no

1. The Master had

knowledge.

express

express authority from Mr Kitto tor borrow the money; and we think that there is much difficulty in contending that he had implied authority, from the bare fact, (beyoud

which there is no

Kitto being

the

proof,) of W.

registered

170

Owner),

This fact indeed is not inconsistent with the statement Av. Kittor

of

not denied: by Williamson, thats Williamson had the sole beneficial interest in the ensployment of the ship. Under these circumstances, understanding Williamson to be still at Hong Kong, should be

we think that procece

proceedings

instituted against

kime me the Courts

oftong 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

Siv

Su

most obedient humble Servants

Roundell Palmer

RB. Commer

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