:
}
:
{
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.
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 admin-
istrators,
and
Emergency
District
Orders promulgated by district administrators, (e) acts of legislative bodies
convened under charter granted by the
Territorial Government when these
34
acts are approved by the distrid
administrators or otherwise confirmeé
as law as may be provided by charte.
or the laws and regulations of th
Trust Territory, (f) duly enacter
Municipal Ordinances,(g) local custon
when not in conflict with applicabk
statutes, and (h) commonlaw.
Section 436 of the Trust Territon
Code further requires that, in imposin;
sentences under Chapter 6 of the Code
concerning crimes and criminal pro
cedures, due recognition shall be giver.
to the customs of inhabitants ir
accordance with the Trusteeshiz
Agreement. The penalty for any act
which is made a crime solely by
generally respected native custom shal
not exceed a fine of $100, or €
months
imprisonment,
or
bott
(Section 434, Trust Territory Code).
The recognized customary law of
the various island groups, atolls, and
districts of the Territory in matters
where applicable as determined by the
courts, has the full force and effect of
law, provided such customary law is
not in conflict with the written body
of laws enumerated under Section 20
of the Trust Territory Code. Section
22 of the Code provides that the
common law, as expressed in the
Restatements of the Law approved by
the American Law Institute, and to
the extent not so expressed, as generally understood and applied in the
United States, shall be the rules of
decision in the courts of the Territory
in the absence of applicable statute or
local customary law to the contrary.
One important limitation to the application of common law appears in
Section 24 which provides that the law
concerning ownership, use, inheritance, and transfer of land in effect in
any part of the Territory on December
1, 1941, shall remain in full force and
effect except insofar as it has been, of
Part V—Political Advancement
**+
ii’