Fourth
Regular
ule right of appeal
of the High Court
y district court on
in of law. On
and
zisions of the Trial
th Court may be
dellate Division in
the jurisdiction of
an aS enumerated
te Division may
, review on appeal
*t or community
fing the construcany law of the
ny written enactboard, or body in
led to have the
notice of appeal
1 30 days after
decision or withot exceeding 120
fied by the court
f the Trial Divi-
: which are made
her present nor
1 of the High
record all final
‘ourts and comument, divorce,
Which no appeal
it may, in its
the record any
f a district or
hich no appeal
drt acting on an
the power to
ide, or reverse
appealed from
mand the case
"a new trial or
may be just.
vernment has
appealed in a criminal case, the oam
may not reverse any finding of
eyes ry travel), for a writ of
(the
guilty and its powers are limited } ; veut
ind the subsequent sale
of
reversal of any determination ofj ) B . erving the process plus $5
ted
lec
col
idity of the enactment involved.
Bore oo unounts above $30
for seized
Bete ale). und for caring
e, and
abl
son
rea
l,
tua
fac
Disputed facts are aSCertagy; opel
f.
Ses
PULI
ON
dis
mes
primarily from oral testimony
witnesses
and from exhibits.
Wile
deemed helpful to the conduct of B Wireses are entitled to receive,
case, the court may also go to { anil .y Uranixportauon 1s provided at no
Scene of an incident having a beaggeOS' | the witness, certain travel
:
on the case, giving both sides = penises at the rate of 3¢ a ; male, or
j
Opportunity
preva
:
7More
previ lll transportation costs
to reconstruct an
< e haste: PE a witness is required to
attention to4 evidence. With the perm
sion of the court written de positig Btay away trom his place of work or
may be used by the accused. gidence Tor more than one day, the
criminal cases or by either side ind Bourn! may determine the amount
cases. As a rule, pretrial confereng reasonable to cover his subsistence
are held in civil cases by other disty, Bceds. Except us specified in Section
courts and the Trial Division of Mo? of when suitable subsistence 1s
High Court to determinetheissues g erovided without expense to the
reach agreement on as many facts] Svitness, tees are to be paid in advance.
possible.
Section 262 of the Code provides
any court may authorize
that
Fees
q
; ommencement of proceedings ofcivil
a Fand criminal cases and appeals without
Clerks of courts ch
collemeprepayiierl
arge and
, ire
.
oO | fees if the Jperson is 'a
civil actions, Mepenanent resident of the Trust Terricopies of certified true records,
metory and swears under oath that he
trans
fees
for
filin
8
in
.
cripts of evidence and notes
’
hearing, and for recording land trag Beunnol pay the fees or give security for
them (alse provides that in a crim
fers. Filing fees
Court. The fee for
more than 5 years. The Public De-
fender and Counselor has a local
representative in each district who acts
as counsel for the accused who desire
assistance in cases less serious than
those aided by the Public Defender
himself. In four districts this local
representative also has an assistant.
The Public Defender and his district
representative are available, so far as
their primary duties will permit, to
provide legal aid and assistance to all
persons unable to secure adequate
counsel without undue hardship.
Penalties
Penalties
for
principal
crimes
remain the same as set forth in Chap-
ter 6 of the Trust Territory Code.
These are based primarily on American
precedents. Under Section 7 of the
Code, all sections of the population
are assured equal protection of the
law. Only maximum penalties are
prescribed by the Code, except for
murder: district laws and municipal
ordinances which authorize criminal
penalties for their violation generally
provide maximum penalties. Thus, the
of
courts are permitted wide discretion in
fitting the punishment to the circumstances of the particular case.
@that the court may order that the fees
HigMe be paid in the same manner as those of
The Territory’s Bill of Rights provides that no crime shall be punished
in civil actions rang
from 25¢ for filing of complaig e nil case the
under the smail claims procedure, BEgurninoned
$5 for filing of notice of appeal: Efees if the
the Appellate Division of the
possible sentence of imprisonment for
court may have a witness
without
prepayment
accused su requests, and
4 copy of a
record certified to be a true copy 4 Beg witness summoned on behalf of the
eB Goverument.
25¢ plus 10¢ for each 100 words
afta
the first 100. The fee for transcripts
evidence or notes of hearing is 25¢ pie‘
Legal Aid
100 words for three copies. The fa
A Pubhe ODelender and Counselor,
for the recording of land transfers
powilh
fieadquarters in) the Mariana
50¢, except when the Trust Territof
e Istands District, is on the staff of the
is the grantor, in which case there
is E Tru.t lemitory Government lo serve
charge.
- Peas counsel tor accused persons who
B desice fis assistance. Primary responsiSheriffs are entitled to collect feg
bihue. ot representation are for those
for the serving of process ($1 plus 3¢@
chared with crimes mvolving a
Part V—Political Advancemem™
by death, no excessive fines imposed,
nor cruel or unusual punishments
inflicted. Punishments most often
prescribed are imprisonment for a
stated time (all or part of which may
be suspended on such conditions as
the court deems proper), fines, or
unpaid labor on public projects.
Corporal punishment is not permitted.
The High Court may, in lieu of or
in addition to other lawful punishment, direct that a person found guilty
33
Biscat Year LYok
eT ee
e
4
“a:
ribing the rights of
*n drafted for con-ongress of Micro-