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3. Admiralty Jurisdiction of the
High Court.—
(1) The
Sind High Court and the
High Court of Baluchistan shall have the exercise, within their respective
territorial jurisdiction, Admiralty jurisdiction as is in this Ordinance
provided and the Lahore High
Court and the Peshawar High
Court shall, within their respective territorial jurisdiction, have
and exercise the said jurisdiction in cases in which any question or
claim relating to aircraft is to be determined.
(2) The
Admiralty jurisdiction of the High Court shall be as follows, that is
to say, jurisdiction to hear and determine any of the following causes,
questions or claims-
(a)
Any claim to the possession or ownership of a ship or to the
ownership of any share therein or for recovery of documents of title
and ownership of a ship, including registration certificate, log book
and such certificates as may be necessary for the operation or navigation
of the ship;
(b)
any question arising between the co-owners of a ship as to possession,
employment or earnings of that ship;
(c)
any claim in respect of a mortgage of or charge on a ship or
any share therein;
(d)
any claim for damage done by a ship;
(e) any
claim for damage received by a ship;
(f)
any claim for loss of life or personal injury sustained in consequence
of any defect in a ship or in her apparel or equipment, or of the wrongful
act, neglect or default of the owners, charterers or persons in possession
or control of a ship or of the master or crew thereof or of any other
person for which wrongful acts, neglects or defaults, the owners, charterers
of persons in possession of control of a ship are responsible, being
an act, neglect or default in the navigation or management of the ship,
in the loading, carriage or discharge of goods on, in or from the ship
or in the embarkation, carriage or disembarkation of persons on, in
of from the ship;
(g)
any claim for loss of or damage to goods carried in a ship;
(h)
any claim arising out of any agreement relating to the carriage
of goods in a ship or to the use or hire of a ship;
(i)
any action or claim in the nature of salvage of life from a ship
or cargo or any property on board a ship or the ship itself or its apparel,
whether services rendered on the high sea or within territorial waters
of internal waters or in a port, including any claim arising by virtue
of the application by or under section 12 of the Civil Aviation Ordinance,
1960, (XXXII of 1960), of the law relating to salvage to aircraft and
their apparel and cargo;
(j)
any claim in the nature of towage in respect of a ship or an
aircraft, whether services were rendered on the high sea or within territorial
waters or internal waters or in a port;
(k)
any claim in the nature of pilotage in respect of a ship or an
aircraft;
(l)
any claim in respect of necessaries supplied to a ship;
(m)
any claim in respect of the construction, repair or equipment
of a ship or dock charges or dues;
(n)
any claim by a master or members of the crew of a ship for wages
and any claim by or in respect of a master or member of the crew of
a ship for any money or property which, under any of the provisions
of the Merchant Shipping Acts or the Merchant Shipping Act, 1923 (XXI
of 1923), is recoverable as wages or in the Court and in the manner
in which wages may be recovered;
(o)
any claim by a master, shipper, charterer or agent
in respect of disbursement made on account of a ship;
(p)
any claim arising out of an act which is or is claimed to be
a general average act;
(q)
any claim arising out of bottomry or respondentia;
(r)
any claim for the forfeiture or condemnation of a ship or of
goods which are being or have been carried, or have been attempted to
be carried, in a ship as a Naval Prize or in violation of customary
law of the sea or otherwise, or for the restoration of a ship or any
such goods after seizure, or for Doritos of Admiralty, together with
any other jurisdiction for the grant of such reliefs as are provided
under the Merchant Shipping Acts or the Merchant Shipping Act, 1923
(XXI of 1923), any other jurisdiction which has vested in the High Courts
as a Court of Admiralty immediately before the commencement of this
Ordinance or is conferred by or under any law and any other jurisdiction
connected with ships or aircraft in respect of things done at sea which
has by tradition or custom of the sea been exercise by a Court of Admiralty
apart from this section.
(3)
The jurisdiction of the High Court under clause (b) of sub-section
(2) includes power to settle any account outstanding and unsettled between
the parties the parties in relation to the ship, and to direct that
the ship, or any share thereof, shall be sold, and to make such other
order as the Court thinks fit.
(4)
The reference in clause (i) of subsection (2) to claims in the
nature of salvage includes a reference to such claims for services rendered
in saving life from a ship or an aircraft or in preserving cargo, apparel
of wreck as, under any law for the time being in force, are authorised
to be made in connection with a ship or an aircraft.
(5)
The preceding provisions of this section apply:—
(a)
in relation to all ships or aircraft, whether Pakistani or not
and whether registered or not and whether the residence or domicile
or their owners ma be;
(b)
in relation to all claims, wheresoever arising including, in
the case of cargo or wreck salvage, claims in respect of cargo or wreck
found on land; and
(c)
so far as they relate to mortgages and charges, to all mortgages
and charges created under the foreign law;
Provided that nothing in this subsection
shall be construed as extending to cases in which money or property
is recoverable under any of he provisions of the Merchant Shipping Acts
or the Merchant Shipping Act, 1923 (XXI of 1923).
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