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ORDINANCE XLII OF 1980 ORDINANCE XLII OF 1980 ADMIRALTY JURISDICTION OF HIGH COURTS ORDINANCE, 1980 An Ordinance to consolidate and amend the law relating to Courts of Admiralty [Gazette of Pakistan, Extraordinary, Part 1, 2nd September, 1980] 4.Mode of exercise of Admiralty jurisdiction.‑(I) Subject to the provisions of section 5, the Admiralty jurisdiction of the High Court may in. all cases be invoked by an action in personam. (2) The Admiralty jurisdiction of the High Court may in the cases men tioned in clauses (a) to (d), (i) and (r) of subsection (2) of section 3 be invoked by an action in rem against the ship or property in question. (3) In any case in which there is a maritime lien or other charge on arty, ship, aircraft or other property of the amount claimed, the Admiralty jurisdiction of the High Court may be invoked by an action in rem against that ship, aircraft or property. (4) In the case of any such claim as is mentioned in clauses (e) to (h) arid (j) to (q) of subsection (2) of section 3, being a claim arising in connection with a ship, where the person who would be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer of, or in possession or in control of the ship, the Admiralty jurisdiction of the High Court may, whether the claim gives rise to a maritime lien on the ship or not, be invoked by an action in rem against‑ (a) that ship, if at the time when the action is brought it is beneficially owned as respects majority shares therein by that person ; or (b) any other ship which, at the time when the action is 'brought, is beneficially owned as aforesaid. (5) In the case of a claim in the nature of towage or pilotage in respect of an aircraft, the Admiralty jurisdiction of the High Court may be invoked by~ an action in rem against that aircraft if at the time when the action is brought' it is beneficially owned by the person who would be liable on the claim in an action in personam. (6) In the case of a claim in the nature of a maritime lien, other than at claim on a bottomry or respondentia bond or to the possession of the ship, the Admiralty jurisdiction of the High Court maybe invoked by an action in personam against the owners of the property which would have been arrested if the proceedings had been in rem. (7) Notwithstanding anything in the preceding provision of this section, the Admiralty jurisdiction of the High Court shall not fie invoked by an action in rem in the case of any such claim as is mentioned in paragraph (n) of subsection (2) of section 3 unless the claim relates wholly or partly to wages, including any sum allotted out of wages or adjudged by a competent authority under the relevant law to be due by way of wages. (8) Where, in the exercise of its Admiralty jurisdiction, the High Court orders any ship, aircraft or other property to be sold, the Court shall have jurisdiction to hear and determine any question arising as to the title to, or priorities of claims in, the proceeds of sale. (9) In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his ordinary residence or a place of business within Pakistan.