BEE Sedesis. avn 1 £2,cc dk tect ae 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 j ri, righ Sand an Rt diva rh vores 'ppe ae tS dicmict > asta a oa PP al aad an Pr nn rea ©@ trom d the case €w trial or oe ist / « 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