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Administration of Justice Act 1956

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This is the original version (as it was originally enacted).

47Arrest of ships on the dependence of an action or in rem

(1)Subject to the provisions of this section and section fifty of this Act, no warrant issued after the commencement of this Part of this Act for the arrest of property on the dependence of an action or in rem shall have effect as authority for the detention of a ship unless the conclusion in respect of which it is issued is appropriate for the enforcement of a claim to which this section applies, and, in the case of a warrant to arrest on the dependence of an action, unless either—

(a)the ship is the ship with which the action is concerned, or

(b)all the shares in the ship are owned by the defender against whom that conclusion is directed.

(2)This section applies to any claim arising out of one or more of the following, that is to say—

(a)damage done or received by any ship ;

(b)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 whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship " are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, unloading or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship ;

(c)salvage;

(d)any agreement relating to the use or hire of any ship whether by charterparty or otherwise ;

(e)any agreement relating to the carriage of goods in any ship whether by charterparty or otherwise ;

(f)loss of, or damage to, goods carried in any ship ;

(g)general average;

(h)any bottomry bond ;

(i)towage;

(j)pilotage;

(k)the supply of goods or materials to a ship for her operation or maintenance;

(l)the construction, repair or equipment of any ship ;

(m)liability for dock charges or dues ;

(n)liability for payment of wages (including any sum allotted out of wages under section one hundred and forty-one of the Merchant Shipping Act, 1894, or adjudged under section three hundred and eighty-seven of that Act by a superintendent to be due by way of wages) of a master or member of the crew of a ship ;

(o)master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

(p)any dispute as to the ownership or right to possession of any ship or as to the ownership of any share in a ship;

(q)any dispute between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

(r)the mortgage or hypothecation of any ship or any share in a ship;

(s)any forfeiture or condemnation of any ship, or of goods which are being, or have been, carried, or have been attempted to be carried, in any ship, or for the restoration of a ship or any such goods after seizure.

(3)In any proceedings having a conclusion appropriate for the enforcement of any claim such as is mentioned in paragraphs (p) to (s) of the last preceding subsection a warrant may be issued—

(a)if the conclusion is a pecuniary conclusion, for the arrest of the ship on the dependence of the action; or

(b)in any other case (whether or not the claimant is entitled to a lien over the ship), for the arrest of the ship in rem;

but there shall not be issued in respect of any such conclusion as aforesaid (whether pecuniary or otherwise) a warrant to arrest, either in rem or on the dependence of the action, any ship other than the ship to which the conclusion relates.

(4)Subject to the preceding subsection, nothing in this section shall be taken to authorise—

(a)the use of an arrestment on the dependence of an action otherwise than in respect of a pecuniary conclusion, or

(b)the use of an arrestment in rem otherwise than in respect of a conclusion appropriate for the making good of a lien.

(5)A warrant for the arrest of a ship in rem issued by virtue of paragraph (b) of subsection (3) of this section in a case where the person in whose favour it is issued is not entitled to a lien over the ship shall have effect as authority for the detention of the ship as security for the implementation of the decree of the court so far as it affects that ship:

Provided that the court may, on the application of any person having an interest, recall the arrestment if satisfied that sufficient bail or other security for such implementation has been found.

(6)Nothing in this section shall authorise the arrest, whether on the dependence of an action or in rerh, of a ship while it is on passage.

(7)Nothing in this section shall authorise the arrest, whether on the dependence of an action or in rem, of a ship in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty's ships or Her Majesty's aircraft. In this subsection " Her Majesty's ships " and " Her Majesty's aircraft" have the meanings assigned to them by subsection (2) of section thirty-eight of the Crown Proceedings Act, 1947.

(8)Nothing in this section shall affect section five of the Mail Ships Act, 1891 (which protects certain mail ships from arrest in certain circumstances).

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