of a criminal offense establish his place
of residence within a specified area
and maintain it there for a period not
exceeding the maximum period of
imprisonment which may be imposed
for the offense. None of the other
courts may do this nor may any court
impose deportation as a penalty for a
crime. However, when any part of a
sentence of imprisonment is suspended,

the

court

granting

the

suspension may, and regularly does,
impose conditions of suspension.
These may include a residence requirement or departing from and remaining
thereafter outside the Trust Territory
during the suspension period. Deportation of non-citizens of the Territory
rests in the discretion of the High
Commissioner, and the committing of

serious or repeated crime is naturally
to be considered by him in the exercise of that discretion.

acts are approved by the «
administrators or otherwise con

as law as may be provided by ¢
or the laws and regulations «

Trust Territory, (f) duly e1

Municipal Ordinances, (g) local c
when not in conflict with app!
statutes, and (h) common law.
Section 436 of the Trust Ter
Code further requires that, in im}
sentences under Chapter 6 of the
concerning crimes and crimina.
cedures, due recognition shall be
to the customs of inhabitan
accordance with the
Truste
Agreement. The penalty for an
which is made a crime solel:
generally respected native custom
not exceed a fine of $100,
months
imprisonment,
or
(Section 434, Trust Territory C
The recognized customary la‘

the various island groups, atolls.

Chapter 9

LEGAL SYSTEM

The basic body of laws applicable
and having force and effect in the
Trust Territory is found in Section 20
of the Trust Territory Code, as
amended by Public Law No. 2-15 of
1966. These laws are: (a) the Trusteeship Agreement, (b) such laws of the
United States as are by their own
terms applicable to the Territory,
including Executive Orders of the
United States President and Orders of
the Secretary of the Interior, (c) laws
of the Trust Territory, (d) past District
Orders promulgated by district administrators, and Emergency District
Orders promulgated by district administrators, (e) acts of legislative bodies
convened under charter granted by the
Territorial Government when these

34

districts of the Territory in ma
where applicable as determined by
courts, has the full force and effe.

law, provided such customary la

not in conflict with the written t
of laws enumerated under Sectior
of the Trust Territory Code. Sec
22 of the Code provides that
common law, as expressed in
Restatements of the Law approvec
the American Law Institute, and

the extent not so expressed, as ge:
ally understood and applied in
United States, shall be the rules
decision in the courts of the Territ:
in the absence of applicable statute
local customary law to the contra
One important limitation to the ap;
cation of common law appears
Section 24 which provides that the |
concerning ownership, use, inhe:
ance, and transfer of land in effect
any part of the Territory on Decemt
1, 1941, shall remain in full force ar
effect except insofar as it has been,
Part V—Political Advanceme!

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