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Administration of Justice Act 1956

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This is the original version (as it was originally enacted).

48Interpretation of Part V

In this Part of this Act, unless the context otherwise requires.—

(a)references to an action, a pursuer and a defender include respectively references to a counter-claim, the person making a counter-claim and the person against whom a counter-claim is made ;

(b)any reference to a conclusion includes a reference to a crave, and " pecuniary conclusion " does not include a conclusion for expenses;

(c)any reference to a warrant to arrest property includes a reference to letters of arrestment and to a precept of arrestment;

(d)any reference to a lien includes a reference to any hypothec or charge;

(e)any reference to claims arising out 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 or wreck as, under sections five hundred and forty-four to five hundred and forty-six of the Merchant Shipping Act, 1894, or any Order in Council made under section fifty-one of the Civil Aviation Act, 1949, are authorised to be made in connection with a ship or an aircraft; and

(f)the following expressions have the meanings hereby assigned to them respectively, that is to say—

  • " collision regulations " means regulations under section four hundred and eighteen of the Merchant Shipping Act, 1894, or any such rules as are mentioned in subsection (1) of section four hundred and twenty-one of that Act or any rules made under subsection (2) of the said section four hundred and twenty-one ; " goods " includes baggage ;

  • " master " has the same meaning as in the Merchant Shipping Act, 1894, and accordingly includes every person (except a pilot) having command or charge of a ship ;

  • " ship " includes any description of vessel used in navigation not propelled by oars ;

  • " towage " and " pilotage " in relation to an aircraft, mean towage and pilotage while the aircraft is waterborne.

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