$s nor may any court

n as a penalty for a
when any part of a
risonment is susurt granting the
and regularly does,
is of suspension.
a residence requirefrom and remaining
the Trust Territory
ion period. Deportans of the Territory

etion of the High
| the committing of
1 crime is naturally
»y him in the exeron.

acts are approved by the di by h
made
under
written enactment made un
administrators or otherwise confi a8 ress
y.
itor
Terr
t
Trus
the
of
y
orit
as law as may be provided by cha auth
or the laws and regulations of
nal customary patterns,
Trust Territory, (f} duly enz aT! e traditio
and customs of the various
Municipal Ordinances, (g) local cus tive law
Territory

in the
when not in conflict with applicafis picts and islands to study and
ted
jec
sub
n
bee
bye
statutes, and (h} common law.

estigation. Background papers on

Section 436 of the Trust Territgpch subjects as theeeearene

the various
Code further requires that, in imposgs”> of

cordance th “the Trans T
SN eC

Agreement. The penalty for any

which is made a crime solely
generally respected native custom sh

RUK

not exceed a fine of $100, om
months imprisonment, or bq

(Section 434, Trust Territory Cog
The recognized customary law

SYSTEM

law, provided such customary law’

of laws applicable
and effect in the
ound in Section 20
‘ritory Code, as
Law No. 2-15 of
e: (a) the Trustee) such laws of the
ire by their own
‘o «the Territory,
> Orders of the
ent and Orders of
‘Interior, (c) laws
y,(d) past District
by district adminergency District
by district adminlegislative bodies
ter granted by the
ent when these

personnel,
use by Land Management
by perrs,
rato
by district administ
t, and
men
art
Dep
l
Lega
the
sonnel of
and
tem
by members of the court sys
the Congress.

Truk District Legislature
recognition shall be gi «pers and staff of the
cedures,
to the due
customs
of inhabitants BF » ia front of their new legislative building.

ter 9

——_________]

rial for
have provided reference mate

sentences under Chapter 6 of the Cy
concerning crimes and criminal p

the various island groups, atolls, §
districts of the Territory in matt
where applicable as determinedby {

—

GIStNCts,

e, and
customs, political power structur
pren
bee
political factionalism have
ous
vari
by
s
time
pared at different
rts,
repo
e
thes
All
researchers.
handbooks
manuscripts, booklets, and

courts, has the full force and effect

not in conflict with the written bo
of laws enumerated under Section

of the Trust Territory Code. Sectigi

22 of the Code provides that
common law, as expressed in
Restatements of the Law approved
the American Law Institute, and;
the extent not so expressed, as geng
ally understood and applied in te
i
United States, shall be the rules ¢
decision in the courts of the Territa ft
in the absence of applicable statute a

local customary law to the contrany

One important limitation to the apply
cation of common law appears
Section 24 which provides that thelar
concerning

ownership,

use,

inher

ance, and transfer of land in effect im
any part of the Territory on December
1, 1941, shall remain in full force ang
effect except insofar as it has been, og
,
Part V—Political Advancement

Fiscal Year 1968

35

=~

se establish his place
in a specified area
ere for a period not
aximum period of
ch may be imposed
None of the other

ereafter be, changed by the

Select target paragraph3