Code of Organization and Civil Procedure (Cap. 12), article 742B

742B. Save as otherwise expressly provided by law, the civil courts of Malta shall have jurisdiction in rem against ships or vessels in the following maritime claims: (a) any claim to the possession, ownership or title to or of 202 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE a ship or to the ownersh ip of any share therein; (b) any question arising between the co-owners of a ship as to the ownership, possession, employment or earnings of that ship; (c) any claim in respect of a mortgage, hypothec or charge on a ship or on an y share therein; (d) any claim arising out of the contract for the sale of the ship; (e) any claim for damag e received by a ship; (f) any claim for damage done or caused by a ship, either in collision or otherwise; (g) a n y c l a i m f o r l o s s o f l i f e o r p e r s o n a l i n j u r y c a u s e d , whether on land or on water, by any ship or occurring in connection with the operation of any ship or sustained in consequence of any defect in a ship or in her apparel or equipment or in consequence of the wrongful act, neglect or default of - (i) the owners, charterers or persons in possession or control of a ship; or (ii) the master or crew of a ship, or any other person for whose wrongful acts, n eglects 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, carriage or discharge of goods in, in or from the ship, or in the embarkation, carriage or d isembarkation of persons on, in or from the ship; (h) any claim for loss of or damage to goods, including baggage, carried in a ship; (i) 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, whether by charter party or otherwise; (j) any claim in the nature of salvage operations or any salvage agreement includin g, if applicable, special compensation relating to salvage operations in respect of a ship which by itself or its cargo threatened damage to the environment; (k) any claim for - (i) damage or threat of damage caused by the ship to the environment, coastline or related interests; (ii) measures taken to pr event, minimize or remove such damage; and for compensation for such damage; (iii) costs of reasonable m easures of reinstatement to the environment actually undertaken or to be undertaken; CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 203 (iv) loss incurred or likely to be incurred by third parties in connection with such damage; and (v) for damage, costs or loss of a similar nature to those listed in sub-paragraphs (i) to (iv); (l) any claims regarding costs or expenses relating to the raising, removal, recovery, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship, and costs or expenses relating to the preservation of an abandone d ship and maintenance of her crew; (m) any claim in the nature of t owage in respect of a ship; (n) any claim in the nature of pil otage in respect of a ship; (o) any claim in respect of goods, materials, provisions, bunkers, supplies and necessaries supplied or services rendered to a ship for h er operation, management, preservation or maintenance; (p) any claim in respect of the construction, re- construction, repair, conve rsion or equipping of a ship; (q) any claim in respect of port, dock or harbour dues and charges; (r) any claim by the master, officers, or member of the crew, or complement of a ship, for wages and other s u m s d u e t o t h e m i n r e s p e c t o f t h e i r e m p l o y m e n t o n the ship including costs of repatriation, and social security contributions payable on their behalf; (s) any claim by a master, shipper, charterer or agent in respect of disbursements made by them on account of a ship or her owners; (t) any claim for commissions, b rokerages, or agency fees payable in respect of the ship, by or on behalf of the ship owner or demise charterer; (u) any claim arising out of an act which is or is claimed to be a general average act; (v) any claim arising out of bottomry; (w) 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 or for the restoration of a ship or any such goods after seizure; (x) any claim for insurance premia, including mutual insurance calls, in respect of the ship payable by or on behalf of the ship owner or demise charterer; Cap. 234. (y) any claim for fees and other charges due to the Registrar-General of Shipping and Seamen arising under the provisions of the Merchant Shipping Act , and any claim for tonnage dues. 204 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Action in rem in cases mentioned in article 742B(a) to (c). Added by: XIV .2006.78.