3.
| (1) Subject to section 4, an action in personam may be brought in the Court in all cases within the admiralty jurisdiction of that Court. |
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| (2) In the case of any such claim as is mentioned in paragraph (a) or paragraph (c) or paragraph (r) of sub section (1) of section 2 or any such question as is mentioned in paragraph (b) of subsection (1) of section 2, an action in rem may be brought in the High Court against the ship or property in connection with which the claim or question arises. |
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| (3) In any case in which there is a maritime lien or other charge on any ship, or other property for the amount claimed, an action in rem may be brought in the Court against that ship or property. |
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| (4) In the case of any such claim as is mentioned in paragraphs (e) to (q) of subsection (1) of section 2, where
| | (a) the claim arises in connection with a ship ; and | | |
| | (b) the person who would be liable on the claim in an action in personam (" the relevant person ") was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship,
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| (5) Where, in the exercise of its admiralty jurisdiction,, the Court orders any ship or other property to be sold, the Court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale. |
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| (6) In determining for the purposes of subsection (4) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within Sri Lanka. |
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| (7) Where, as regards any such claim as is mentioned in paragraphs (e) to (q) of subsection (1) of section 2, a ship has been served with a writ or arrested in an action in rem brought to enforce that claim, no other ship may be served with a writ or arrested in that or any other action in rem brought to enforce that claim ; but nothing in this subsection shall be read and construed as preventing the issue, in respect of any one such claim, of a writ naming more than one ship or of two or more writs each naming a different ship. |
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Sri Lanka Consolidated Acts