§104. General powers of
State Court.
The State Court shall have power to issue all writs and other process, make rules and orders,
and do all acts, not inconsistent with law and with the rules established
by the Chief Justice of the State Court, as may be necessary for due
administration of justice, and, without limiting the generality of the
foregoing, may grant bail, accept and cause forfeit of security therefor,
make orders for the attendance of witnesses with or without documents, and
make orders for the disposal of exhibits.
Source: YSL
1-92 §4.
Cross-reference:
The constitutional provision on court decisions is found in Yap
Const., Art. VII, Sect. 7. That section states: "Court
decisions shall be consistent with this Constitution, State traditions and
customs, and the social and geographical configuration of the
State."
§105. Composition and
divisions of State Court.
The State Court is a
court of record consisting of a Trial Division and an Appellate Division.
The State Court is the highest court of the State. The State
Court shall consist of a Chief Justice and two Associate Justices.
The Chief Justice and one Associate Justice shall serve on a
full-time basis, and other Associate Justices shall serve on a part-time
basis. The number of Associate Justices may be increased by law upon
request by the Chief Justice of the State Court. A retired Justice
may serve temporarily on the State Court as requested by the Chief
Justice. The Chief Justice may give a special assignment to a person
to serve as an Associate Justice for a case. The Appellate Division
shall consist of at least three Justices. All appeals at the
Appellate Division shall be heard by at least three Justices.
Matters before the Trial Division shall be heard by one Justice.
No Justice may hear or decide an appeal of a case heard by him in
the Trial Division.
Source: YSL
1-92 §12, as amended by YSL 1-190 §2, modified.
Cross-reference:
The constitutional provision regarding the composition of the State
Court is found in Yap
Const., Art. VII, Sect. 2. That section states
in pertinent part: "The State Court shall be the highest court
of the State and shall consist of a Chief Justice and two Associate
Justices. The number of Associate Justices may be increased by law
upon the request of the State Court. Retired Justices of the State
Court may serve temporarily on the State Court at the request of the Chief
Justice. The Chief Justice may give a special assignment to a person to
serve as an Associate Justice for a case. . . ."
Subchapter II:
Jurisdiction
§121.
Territorial jurisdiction of State Court.
§122.
Jurisdiction over persons; civil.
§123.
Jurisdiction over acts of nonresidents.
§124.
Original jurisdiction of Trial Division of State Court.
§125.
Jurisdiction of Appellate Division of the State Court.
§121. Territorial jurisdiction of State Court.
The jurisdiction of the
State Court shall extend to the whole of the State of Yap.
Source: YSL
1-92 §5.
§122. Jurisdiction over persons; civil.
The State Court may
exercise personal jurisdiction in civil cases only over persons residing
or found in the State and who have been duly summoned or voluntarily
appear, except, as provided in sections 123, 141, 142, 143 and 144 of this
chapter.
Source: YSL
1-92 §6, modified.
Cross-reference:
The statutory provisions on Civil Proceedings are found in Title 31
of this Code.
§123. Jurisdiction over acts of nonresidents.
Any person, corporation
or legal entity, whether or not a resident of the State, who in person or
through an agent does any of the acts enumerated in this section thereby
submits himself or its personal representative to the jurisdiction of the
courts of the State as to any cause of action arising from:
(a) The transaction of
any business within the State;
(b) The operation of a
motor vehicle within the State;
(c) The operation of a
vessel or craft within the State Fishery Zone;
(d) The commission of
a tortious act within the State;
(e) Contracting to
insure any person, property or risk located within the State at the time
of contracting;
(f) The ownership,
use, or possession of any property within the State;
(g) Entering into an
express or implied contract, by mail or otherwise, with a resident of the
State to be performed in whole or in part by either party in the
State;
(h) Acting within the
State as director, manager, trustee, or other officer of any corporation
organized under the laws of or having a place of business within the
State, or as executor or administrator of any estate within the
State;
(i) Causing injury to
persons or property within the State arising out of an act or omission
outside of the State by the defendant, provided in addition, that at the
time of the injury either:
(1) The defendant was
engaged in the solicitation or sales activities within the State;
or
(2) Products,
materials, or things processed, serviced or manufacture by the defendant
anywhere were used or consumed within the State; and
(j) Living in the
marital relationship within the State notwithstanding subsequent departure
from the State, as to all obligations arising for alimony, child support,
or property rights under the laws of the State, if the other party to the
marital relationship continues to reside in the State.
Source: YSL
1-92 §7, modified.
§124. Original jurisdiction of Trial Division of State
Court.
The Trial Division of
the State Court shall have original jurisdiction to try all causes, civil
and criminal, except those matters which fall under the exclusive
jurisdiction of the Supreme Court of the Federated States of
Micronesia.
Source: YSL
1-92 §15.
Cross-reference:
The constitutional provision regarding original and appellate
jurisdiction of courts is found in Yap Const., Art. VII,
Sect. 5. That section states: "The courts shall have
original and appellate jurisdiction as prescribed by law." The
jurisdiction of the Supreme Court of the Federated States of Micronesia is
set forth in FSM Const., Art.
XI.
§125. Jurisdiction of Appellate Division of the State
Court.
The Appellate Division
of the State Court shall have jurisdiction to review all decisions of the
Trial Division. The concurrence of a majority of Justices shall be
necessary to a determination of any appeal by the Appellate Division, but
a single Justice may make all necessary orders concerning any appeal for
want of jurisdiction, or failure to take or prosecute it in accordance
with the applicable law or rules of procedure, or at the request of the
appellant.
Source: YSL
1-92 §16, as amended by YSL 1-190 §3, modified.
Cross-reference:
The constitutional provision regarding original and appellate
jurisdiction of courts is found in Yap Const., Art. VII,
Sect. 5. That section states: "The courts shall have
original and appellate jurisdiction as prescribed by law."
Subchapter III: Service of
Process
§141.
Personal service outside the State.
§144.
Effect of chapter on other methods of service.
§141. Personal service outside the State.
Service of process may
be made upon any person subject to the jurisdiction of the courts of the
State under this chapter by personally serving the summons upon the
defendant outside the State or mailing the summons to the person by
registered United States mail at his last known address, and such service
has the same force and effect as though service had been personally made
within the State.
Source: YSL
1-92 §8, modified.
Service of summons
shall be made under this chapter in like manner as service within the
State by any officer or person authorized to make service of summons in
the State or jurisdiction where the defendant is served. An
affidavit of the server shall be filed with the State Court issuing said
summons stating the time, manner and place of service. The court may
consider the affidavit or any other competent proofs in determining
whether service has properly been made.
Source: YSL
1-92 §9, modified.
No
default shall be entered until the expiration of at least 30 days after
service. A default judgment rendered on service made under this chapter
may be set aside only on a showing which would be timely and sufficient to
set aside a default judgment entered upon personal service within the
State.
Source: YSL
1-92 §10, modified.
§144. Effect of chapter on other methods of service.
Nothing contained
in this chapter limits or affects the right to serve any process in any
other manner now or hereafter provided by law.
Source: YSL
1-92 §11, modified.
Subchapter IV: Justices and
Assessors
§151.
Qualifications of State Court Justices.
§152.
Appointment of State Court Justices.
§153.
Vacancy in office of Chief Justice.
§154.
Disqualification of Justices.
§151. Qualifications of State Court Justices.
A
person nominated to the position of Chief Justice or Associate Justice of
the State Court shall be a citizen of the Trust Territory by birth, be at
least 35 years of age, have been a resident of the State for at least 25
years and for five years immediately preceding his appointment, and
learned in the law. Justices may not be residents of the same
municipality.
Source: YSL
1-92 §13.
§152. Appointment of State Court Justices.
The Governor shall
nominate and appoint, with the advice and consent of the Legislature, the
Chief Justice and Associate Justices of the State Court. Justices shall
hold their offices for terms of six years.
Source: YSL
1-92 §14, as amended by YSL 1-166 §1, section title modified.
Cross-reference:
The constitutional provision regarding the appointment of Justices
of the State Court is found in Yap
Const., Art. VII, Sect. 3. That section states: "The
Governor shall nominate and appoint, with the advice and consent of the
Legislature, the Chief Justice and Associate Justices of the State Court.
Justices of the State Court shall hold their offices for terms of
six years." The statutory provisions on judges of the municipal
courts is found in subchapter V of this chapter.
§153. Vacancy in Office of Chief Justice.
Whenever, the Office of
Chief Justice is vacant or the Chief Justice is ill, absent or unable to
perform the duties of office, an Associate Justice designated in
accordance with the rules of the State Court shall serve temporarily in
his place.
Source: YSL
1-92 §20.
Cross-reference:
The constitutional provision regarding a vacancy in the Office of
the Chief Justice is found in Yap
Const., Art. VII, Sect. 2. That section states in pertinent
part: " . . . In case of vacancy in the Office of the
Chief Justice, or if he is ill, absent or otherwise unable to serve, an
Associate Justice shall serve temporarily in his place."
§154. Disqualification of Justices.
(a) A Justice
shall disqualify himself in any proceeding in which his impartiality might
reasonably be questioned.
(b) A Justice shall
also disqualify himself in the following circumstances:
(1) Where he has a
personal bias or prejudice concerning a party or his counsel, or personal
knowledge of disputed evidentiary facts concerning the
proceeding;
(2) Where in private
practice he served as lawyer or trial assistant in the matter in
controversy, or a lawyer or a trial assistant with whom he previously
practiced law served during such association as a lawyer or trial
assistant concerning the matter, or the Justice or such lawyer or trial
assistant he has been a material witness concerning it. The term
private practice shall include practice with legal services or public
defender organizations;
(3) Where he has
served in governmental employment and in such capacity participated as
counsel, adviser, or material witness concerning the proceeding or
expressed an opinion concerning the merits of the particular case in
controversy;
(4) Where he knows
that he, individually or as a fiduciary, or his spouse or minor child
residing in his household, has a financial interest in the subject matter
in controversy or in a party to the proceeding, or any other interest that
could be substantially affected by the outcome of the
proceeding;
(5) Where he or his
spouse or a person within a close relationship to either of them, or the
spouse of such a person is:
(A) A party to the
proceeding, or an officer, director, or trustee of a party;
(B) Acting as lawyer
or trial assistant in the proceeding;
(C) Known by the
Justice to have an interest that could be substantially affected by the
outcome for the proceeding;
(D) To the Justice's
knowledge likely to be a material witness in the proceeding.
(c) For the purposes
of this section the following words or phrases shall have the meaning
indicated:
(1) "Fiduciary"
includes such relationships as executor, administrator, trustee, and
guardian;
(2) "Financial
interest" means ownership of a legal or equitable interest, however small,
or a relationship as director, adviser, or other active participant in the
affairs of a party, except that:
(A) Ownership in a
mutual or common investment fund that holds securities is not
a "financial interest" in such securities unless the judge
participates in the management of the fund or if the outcome of the
proceedings could substantially affect the value of the fund;
(B) An office or
membership in an educational interest in securities held by the
organization only if the outcome of the proceeding could substantially
affect the value of the securities;
(C) The proprietary
interest of a policy holder in a mutual insurance company, of a member of
a corporative association, of a depositor in a mutual savings association
or credit union, or a similar proprietary interest, is a "financial
interest" in the organization only if the outcome of the proceeding could
substantially affect the value of the interest;
(D) Ownership of
government securities in a "financial interest" in the issuer only if
the outcome of the proceeding could substantially affect the value of the
securities;
(3) "Proceeding"
includes pretrial, trial, appellate review or other stages of
litigation.
(d) No Justice shall
accept from the parties to the proceeding a waiver of any ground for
disqualification enumerated in subsection (b) of this section. Where the
ground for disqualification arises only under subsection (a) of this
section waiver may be accepted provided it is preceded by a full
disclosure on the record of the basis for disqualification.
(e) A party may move
to disqualify a Justice for one or more of the reasons stated in
subsection (a) or (b) of this section. Said motion shall be
accompanied by an affidavit stating the reasons for the belief that
grounds for disqualification exist, and shall be filed before the trial of
hearing unless good cause is shown for filing it at a later time.
Upon receipt of such motion, the Justice shall rule on it before
proceeding further in the matter, stating his reasons for granting or
denying it on the record.
Source: YSL
1-92 §21, definitions put into alphabetical order and section
modified.
Cross-reference:
The constitutional provision providing a mechanism for the removal
of a Justice of the State Court is found in Yap Const., Art. V,
Sect. 20. That section states: "The Governor, Lieutenant
Governor or a Justice of the State Court may be removed from office for
misfeasance or malfeasance in office, or for conviction of a felony, by a
vote of three-fourths of the members of the Legislature."
Justices of the State Court shall
adhere to the standards of the Code of Judicial Conduct of the American
Bar Association except as otherwise provided by law or rule. The
Chief Justice may by rule prescribe stricter or additional
standards.
Source: YSL
1-92 §25.
(a) Any Justice
shall have the power to punish contempt of court. Contempt of court
is:
(1) Any intentional
obstruction of the administration of justice by any person, including any
officer of the court acting in his official capacity; or
(2) Any intentional
disobedience or resistance to the court's lawful writ, process, order,
rule, decree or command.
(b) All adjudications
of contempt shall be pursuant to the following practices and
procedures:
(1) Any person accused
of committing any civil contempt shall have a right to notice of the
charges and an opportunity to present a defense and mitigation. A
person found in civil contempt may be imprisoned until such time as he
complies with the order or pays an amount necessary to compensate the
injured party, or both;
(2) Any person accused
of committing a criminal contempt shall have a right to notice of the
charges and an opportunity to present a defense and mitigation; provided,
that no punishment of a fine of more than $100.00 or imprisonment shall be
imposed unless the accused is given a right to notice of the charges, to a
speedy public trial, to confront the witnesses against him, to compel the
attendance of witnesses in his behalf, to have the assistance of counsel,
and to be released on bail pending adjudication of the charges. He
shall have a right to be charged within three months of the contempt and a
right not to be charged twice for the same contempt; and
(3) A person found to
be in contempt of court shall be fined not more than $1,000.00 or
imprisoned for not more than six months.
(c) Any adjudication
of contempt is subject to appeal to the Appellate Division of the State
Court. Any punishment of contempt may be stayed pending appeal, but
a punishment of imprisonment shall be stayed on appeal automatically,
unless the court finds that a stay of imprisonment will cause an immediate
obstruction of justice, which finding must be supported by written
findings of fact. A denial of a stay of imprisonment is subject to
review.
Source: YSL 1-92 §27, as amended by YSL 1-190 §7,
modified.
Cross-reference:
The constitutional provisions on fundamental rights of the accused
are found in Yap
Const., Art. II, Sections 5 and 6. Those sections
state:
"Section 5. In all criminal prosecutions,
the accused shall enjoy the right to a speedy public trial, to be informed
of the nature and cause of the accusation, to be confronted with the
witnesses against him, to have compulsory process for obtaining witnesses
in his favor, and to have the effective assistance of counsel for his
defense.
Section 6. No person shall be compelled in
any criminal case to be a witness against himself, or against a member of
his family as prescribed by law, or be twice put in jeopardy for the same
offense."
Any Justice of the
State Court may appoint one or more assessors to advise him at the trial
of any case with respect to tradition and custom or other matters of
law.
Source: YSL 1-92 §19.
Cross-reference: The constitutional provisions on
Traditional Leaders and Traditions are found in Yap Const., Art. III.
The statutory provisions on Traditional Leaders and Traditions are
found in Title 5 of this Code.
Subchapter V: Municipal
Courts
§162.
Municipal court jurisdiction.
§164.
Standing for courts.
§165.
Municipal court procedure.
§166.
Removal from municipal court to State Court.
§167.
Appeal from municipal to State Court.
There shall be a municipal
court in each municipality of the State which shall be composed of a
presiding judge and associate judges. The presiding judge may be the
traditional leader representing the municipality in the Council of Pilung
or Council of Tamol, or a person from the same municipality who is
appointed by the traditional leader representing the municipality in the
Council. Associate judges shall be traditional leaders of the municipality
designated by the presiding judge. When the presiding judge is the
traditional leader representing the municipality in the Council, he shall
serve during his term on the Council of Pilung or Council of Tamol.
When the presiding judge is appointed, his term shall be the same as
the term of the traditional leader on the Council of Pilung or Council of
Tamol. Associate judges shall serve for terms set by the presiding
judge which may include temporary terms. A presiding judge may not
set any term of an associate judge beyond his own term of office.
Source: YSL 1-92 §29, as amended by 4-10 §1,
modified.
Cross-reference:
The constitutional provision regarding the judicial power of the
State is found in Yap
Const., Art. VII, Sect. 1. That section states: "The
judicial power of the State shall be vested in the State Court, and other
courts as may be created by law." The statutory provisions on
Traditional Leaders and Traditions are found in Title 5 of this Code.
The constitutional provision on Local Government is found in Yap Const., Art. VIII.
The statutory provisions on Local Government are found in Title 6 of
this Code.
§162. Municipal court
jurisdiction.
The jurisdiction of a
municipal court shall extend to the whole of the municipality. A
municipal court may exercise jurisdiction in civil cases only over natural
persons residing or domiciled in the municipality who have
voluntarily appeared and over property within the municipality where
the parties are natural persons. A municipal court may exercise
jurisdiction in criminal cases in a manner as may be prescribed by
statute.
Source: YSL 1-92 §30, modified.
Cross-reference: The statutory provisions on the
jurisdiction of the State Court are found in subchapter II of this
chapter.
Any case pending in a
municipal court may be transferred to the Trial Division of the State
Court in which the case was brought, by order of the Trial Division of the
State Court. Upon making such transfer, the court in which the case
was pending shall take no further action on the merits of the case, but
may make orders of a transferring nature which justice may require and
which are not inconsistent with the orders of the Trial Division for the
State Court.
Source: YSL 1-92 §17.
§164. Standing for courts.
(a) Prior to bringing
a case before a municipal court, a person or persons shall first attempt
to resolve the dispute in accordance with tradition and custom by
exhausting means within the appropriate family or families and village or
villages if the dispute is not resolved by the family or
families.
(b) Prior to bringing
a case before the State Court, where the parties are residents or
domiciliaries of one municipality, the party or parties filing the suit
shall first attempt to resolve the dispute in accordance with tradition
and custom and thereafter within the municipal court if such dispute is
not resolved.
(c) This section shall
apply only to cases where all parties are natural persons.
Source: YSL 1-92 §31.
§165. Municipal court procedure.
The procedures and
conduct of business of municipal courts shall be consistent with
traditional and customary means of resolving disputes. All process
and reports of service of process of a municipal court may be oral.
As promptly as possible after the final decision of a case in a
municipal court, the presiding judge shall make, or cause to be made, a
record of the case.
Source: YSL 1-92 §32, modified.
Cross-reference:
The constitutional provisions on Traditional Leaders and
Traditions are found in Yap
Const., Art. III. Section 2 of Article III
states: "Due recognition shall be given to traditions and
customs in providing a system of law, and nothing in this Constitution
shall be construed to limit or invalidate any recognized tradition or
custom."
§166. Removal from municipal court to State Court.
A case may be removed from a
municipal court to the Trial Division of the State Court upon petition of
a party and showing that the municipal court is unable or unwilling to
decide the case.
Source: YSL 1-92 §33, modified.
§167. Appeal from municipal to State Court.
Final decisions of a
municipal court may be appealed to the Trial Division of the State Court
to be tried de novo.
Source: YSL 1-92 §34, modified.
Subchapter VI: Administrative
Matters
§181.
Administration of courts.
§182. Rules
of procedure and administration.
§184.
Authority to administer oaths and take acknowledgments.
§185.
Practice of law prohibited.
§186.
Sessions and records to be public.
§187.
Publication of decisions.
§188.
Disposition of fines and fees.
§191.
Cooperation with national judiciary.
§181. Administration of courts.
The Chief Justice shall
be the administrative head of the State Court and municipal courts.
The Chief Justice shall, with the approval of the State Court,
appoint an Administrative Director to supervise the administrative
operation of the State Court and municipal courts. The Chief Justice
may appoint and prescribe duties of other officers and employees of the
Judiciary as he deems necessary.
Source: YSL
1-92 §18.
Cross-reference:
The statutory provisions on Justices of the State Court and
assessors is found in subchapter IV of this chapter.
§182. Rules of procedure and administration.
Source: YSL
1-92 §22, as amended by YSL 1-190 §4.
Cross-reference:
The constitutional provision regarding the rulemaking power of the
State Court is found in Yap
Const., Art. VII, Sect. 6. That section states in pertinent
part: "The State Court shall make and promulgate rules
governing the practice and procedure in civil and criminal cases, which
shall have the force and effect of law, provided that the Legislature may
establish or change such rules by law. . . ." Title 12
[Reserved] of this Code is on Rules of Court.
Each Justice, the
Administrative Director, and other officers of the State Court shall take
and subscribe to an oath of office required of all public officers of the
Yap State Government.
Source: YSL
1-92 §24, as amended by YSL 1-190 §6, modified.
Cross-reference:
The constitutional provision on the oath for public officers is
found in Yap Const., Art. XIV,
Sect. 3. That section states: "All public officers,
before assuming the duties of their office, shall take and subscribe to
the following oath or affirmation: " I do solemnly swear that I
will support and defend the Constitution of the State of Yap, and that I
will faithfully discharge my duties as
to the best of my ability, so help me God." The Legislature may
prescribe further oaths or affirmations."
§184. Authority to administer oaths and take
acknowledgments.
Each Justice, the
Administrative Director, and other officers of the State Court so
designated by the Chief Justice shall have the power to administer oaths
and affirmations, take acknowledgments, and exercise all powers of a
notary public.
Source: YSL
1-92 §23, as amended by YSL 1-190 §5, modified.
§185. Practice of law prohibited.
A Justice, the
Administrative Director, officer or employee of the State Court shall not
practice law in the State.
Source: YSL
1-92 §26.
§186. Sessions and records to be public.
(a) All sessions
and records of the courts shall be public, except when otherwise ordered
by the court for good cause.
(b) Any person
desiring to attend any session that has been closed or view any record
that has been suppressed may petition the court closing the sessions or
suppressing the record. Any person may appeal the action of the
court on said petition to the Appellate Division of the State
Court.
Source: YSL
1-92 §35, as amended by YSL 1-190 §8, modified.
Cross-reference:
Yap Const., Art. VII,
Sect. 6, states in pertinent part that: " . . . The State Court
shall be a court of record."
§187. Publication of decisions.
All decisions of the
Appellate Division of the State Court, including concurring and dissenting
opinions, shall be published. The Trial Division of the State Court
may order one or more of its decisions to be published.
Source: YSL
1-92 §36.
Cross-reference:
Yap Const., Art. VII,
Sect. 6, states in pertinent part that: " . . . The State Court
shall be a court of record."
§188. Disposition of fines and fees.
The Administrative
Director of the courts shall periodically transmit to the State Treasurer
fines and fees collected in the State Court for deposit in the General
Fund of the State of Yap.
Source: YSL
1-92 §37, modified.
Commission Comment:
The "General Fund of the Legislature" is changed to
the "General Fund of the State of Yap" pursuant to section 1211 of
Title 13 (Taxation and Finance) of this Code. Section 1211 of Title
13 establishes the General Fund of the State of Yap as the successor fund
to, and replacement for, the General Fund of the Legislature.
§189. Compensation.
The Justices and
Administrative Director shall receive compensation as prescribed by
law.
Source: YSL
1-92 §38.
Cross-reference:
Compensation of the Justices and Administrative Director of the
State Court is set forth in chapter 4 of this title.
§190. Budget.
The Chief Justice of
the State Court shall prepare and submit through the Governor, as a
separate item, to the Legislature an annual consolidated budget with
supporting justification for the entire unified judicial system for the
State of Yap.
Source: YSL
1-92 §39.
§191. Cooperation with national judiciary.
(a) The Chief Justice
of the State Court may establish suitable arrangements and procedures for
joint utilization by the State Court and national judiciary of facilities,
clerks, officers, and employees.
(b) The Chief Justice
of the State Court is authorized to request, and appoint upon acceptance
of the request, Justices of the Supreme Court of the Federated States of
Micronesia to serve as assessors on matters of law in the State
Court.
Source: YSL
1-92 §28.
Cross-reference:
The FSM constitutional provisions on Judicial matters are found in
FSM Const., Art.
XI.
§192. Transition.
(a) Officers of the
State Court at the time this chapter takes effect shall continue to
perform their duties and responsibilities in a manner consistent with the
provisions of this chapter until superseded by officers appointed pursuant
to the provisions of this chapter.
(b) A retired judge of
the District or State Court shall be deemed a retired Justice of the State
Court for purposes of temporarily serving on the State Court as may be
requested by the Chief Justice.
(d) Upon the effective
date of this chapter:
(1)
Appeals from determination of the State Land Commission shall be
made to the Trial Division of the State Court;
(2)
The Land Commission may not determine ownership of land when such
ownership is the subject of dispute in a case pending before the State
Court or a municipal court;
(3)
The Trial Division of the State Court or municipal court may not
exercise jurisdiction over a dispute of land pending in the Land
Commission;
(4)
If all parties to a dispute or case on the ownership of land agree,
such dispute or case may be transferred from Land Commission to a
municipal court or from a municipal court to the Land
Commission.
Source: YSL 1-92 §40, as amended by YSL 1-190 §9,
modified.
Cross-reference:
The statutory provision designating the composition and
responsibilities of the Subdivision of Land Registration in the Department
of Resources and Development is found in section 125 of Title 3
(Executive) of this Code. The provisions concerning the Subdivision
of Land Registration in the Department of Resources and Development in
sections 125 and 178 of Title 3 shall not take effect until October 1,
1990.
§193. Severability.
If any provision of
this chapter, or the application thereof to any person or circumstance is
held invalid, the invalidity does not affect other provisions or
applications of the chapter which can be given effect without the invalid
provision or application, and to this end the provisions of this chapter
are severable.
Source: YSL 1-92 §41, modified.
