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right of appeal

Disputed tacts are
Pumarily from oral testimony.of
witnesses and from exhibits.
When,

the High Court
istrict court on

| of jaw. On
ms of the Trial
-ourt may be
ite Division in
jurisdiction of
iS enumerated
Division may

ew On appeal
i community

the construc‘ law of the
written enact-

td, or body in
to have the

Hor the sale), and for caring for seized
reasonable, and
(actual,

properly

deemed helpful to the conduct
of the:

possible.

ision or withxceeding 120

Fees

by the court
1€ Trial Diviich are made
present nor
if
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ri,
righ

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ae tS

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Witnesses are entitled to receive,

less transportation is provided at no
case, the court may also
go to the
to the witness, certain travel
scene of an incident having
a bearin cost
tex penses at the rate of 3¢ a mile, or
on the case, giving both sides
the: more if prevailing transportation costs
Opportunity to reconstru
ct and call
attention to evidence
bare higher. If a witness is required to
Withisa”stay away from his place of work or
1-the permis
sion of the court wri
tten depositionsf
maay
residence for more than one day, the
y be used by the
accused inf
criminal cases or by either
court may determine the amount
side in civil}
cases. As a rule, pretrial
freasonable to cover his subsistence
conferencest
are held in civil cases by
other district needs. Except as specified in Section
cou
} 262 or when suitable subsistence is
: rts and the Trial Divisi
on of thet
High Court to determine
provided without expense to the
the
ues and
reach agreement on as manyissfacts
ast witness, fees are to be paid in advance.

ice of appeal

O days after

expenses).

Section 262 of the Code provides

any court may authorize
| that
commencement of proceedingsofcivil

cases and appeals without
and criminal of
charge and collect prepayment
of court
ks filin
fees if the person is a
ficesCler
for
g ins civil
actions, for§

}
Copies of certified true
records for &
transcripts of evidence
and notes of EF
hearing, and for recording
land transfers. Filing fees in civil
actions range

permanent resident of the Trust Territory and swears under oath that he
_
i
tho
ides that
them.m Ieakso
It aisoprov
provides
that ina
in a ca
crimim
from 25¢ for filing of
complaints ® nal case the court may have a witness
under the small claims
summoned without prepayment of
procedure tof
$5 for filing of notice
fees if the accused so requests, and
of
Coane Ppelate Division of appeal tok that the court may order that the fees
the High® be paid in the same manneras those of
.
e fee for a
record certified to be
atrue copy : a witness summoned on behalf of the
2e Plus 10¢ for each 100
Government.

words

after f
the first 100. The fee for transcripts
of §
evidence

or notes of-hearing is 25¢
per
100 words for three copies.
The fee
for the recording of land
transfers is

50¢, except when the Trust
Territory §

is the grantor, in which
Case there j
|
charge.
wens
Sheriffs are entitled to
collect fees
for
.

the serving of Process ($1
plus 3¢ a
Part V—Political Adv
ancement .

Legal Aid

A Public Defender and Counselor,
with headquarters in the Mariana
Islands District, is on the staff of the

Trust Territory Government to serve
as counsel for accused persons who
desire lis ussistance. Primary responsibilities of representation are for those
charged)

with

Fiscat Year 1968

crimes

involving

a

possible sentence of imprisonment for

more than 5 years. The Public Defender 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 Chapter 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

courts are permitted wide discretion in

fitting the punishment to the circum-

stances of the particular case.

The Territory’s Bill of Rights provides that no crime shall be punished
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 tawful punishment, direct that a person found guilty
33

‘ab

appealed in a criminal case , the
cour ile for necessary travel), for a writ of
may not reverse any fin
ding of no
execution and the subsequentsale (the
guilty and its powers are lim
ited to
fee for serving the process plus $5 or
reversal of any determinati
oO n Of'inv
alfl jore for amo
alf
inva
unts above $50 collected
idity of the enactment involved
.

Si,

ng the rights of
lratted for congress of Microjurth Regular

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