Title 1

GENERAL LAWS AND CUSTOMS

Chapters:

01 General Provisions

02 Applicable Laws and Customs

03 Official Symbols

04 Matai Title

05 Holidays

06 Daylight Saving Time

Chapter 01

GENERAL PROVISIONS

Sections:

1.0101 Citation.

1.0102 Effect of section headings.

1.0103 Gender-Number.

1.0104 Oath.

1.0105 Person.

1.0106 Grammatical interpretation.

1.0107 Government.

1.0108 Savings provision.

1.0109 Severability.

1.0101 Citation.

This code shall be known as the American Samoa Code Annotated. It may be cited by title and section as follows — A.S.C.A.

History: 1961, PL 7-14, amd 1977, PL 15-2, amd 1980, PL 16-83 § 2.

Amendments: 1977 Changed citation style

1980 Changed citation style

1.0102 Effect of section headings.

The section headings in this Code are for the purpose of convenience only, and are not to be considered a part of any section, or as altering or affecting in any way the provisions of any section.

History: 196l, PL 7-14.

1.0103 Gender—Number.

Words used in the masculine gender include the feminine gender, the singular number includes the plural, and the plural, the singular.

History: 1961, PL 7-14.

1.0104 Oath.

“Oath” includes an affirmation.

History: 1961, PL 7-14.

1.0105 Person.

“Person” includes a partnership or other association, and a corporation, as well as a natural person.

History: 1961, PL 7-14.

1.0106 Grammatical interpretation.

Words are to be understood in their ordinary sense, except that words defined or explained are to be understood as so defined or explained.

History: 1961, PL 7-14.

1.0107 Government.

The word “government” means the American Samoa Government.

History: 1980, PL 16-60 § 1.

1.0108 Savings provision.

(a) No provision of this Code which repeals or supersedes any other provision of law shall affect the validity of any transaction which has occurred prior to the taking effect of the Code provision, or operate to impair the curative or legalizing effect of any statute heretofore enacted, or have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred prior to the taking effect of the Code provision. All offenses committed and all penalties or forfeitures incurred under any statute repealed or superseded by a provision of this Code may be prosecuted and punished in the same manner and with the same effect as if the statute relating thereto had not been repealed or superseded. Nothing in this Code may be so construed as to impair any vested right or valid obligation existing when it takes effect. No action or proceeding, civil or criminal, commenced before this Code takes effect may be affected by its provisions, but the proceedings thereunder must conform to the requirements of this Code as far as possible.

(b) All regulations in effect under law that is repealed or superseded by a provision of this Code continue in effect, to the extent they are not inconsistent with the Code, until new regulations are issued.

History: 1961, PL 7-14.

1.0109 Severability.

If any provision of any public law or section of this Code, or the application thereof to any person or circumstance is held invalid, such invalidity may not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of all public laws and of this Code are declared to be severable.

History: 1972, PL 12-52 § 1.

Chapter 02

APPLICABLE LAWS AND CUSTOMS

Sections:

1.0201 Laws applicable in American Samoa.

1.0202 Preservation of Samoan customs.

1.0201 Laws applicable in American Samoa.

The following are declared to be in full force and to have the effect of law in American Samoa:

(1) the Constitution of American Samoa.

(2) the parts of the Constitution of the United States of America and the laws of the United States of America as, by their own force, are in effect in American Samoa;

(3) this Code, as amended from time to time and rules issued pursuant thereto;

(4) so much of the common law of England as is suitable to conditions in American Samoa and not inconsistent with this section.

(5) the provisions of the prior codes of American Samoa and other laws that are not inconsistent with the provisions of this Code, until such time as they are repealed or superseded.

History: l961, PL 7-14.

Case Notes:

Contributory negligence was part of English Common Law before 1776 and has been thus incorporated as law applicable in American Samoa. Court will not substitute more equitable comparative negligency doctrine without mandate from Fono. Manuma v. Lolotai, ASR (1976).

Statute adopts common law of England as applied and modified by U S Courts at time statute adopted and since construed. RCAS 1.0101,3 Tung v. Ah Sam, 4 ASR 764 (1971).

An administrative rule adopted pursuant to the rulemaking process in the Administrative Procedure Act has the force and effect of law. A.S.C.A. §§ 1.0201(3), 4.1001-4.1010. Bryant v. Southwest Marine of Samoa, Inc., 23 A.S.R.2d 55 (1992).

The common law of contracts applies in American Samoa unless it conflicts with a territorial statute or is unsuitable to local conditions. A.S.C.A. § 1.0201. Development Bank v. Ilalio, 5 A.S.R.2d 1 (1987).

Secured transactions in American Samoa are governed by common law principles except where those principles have been modified by statute or are otherwise inappropriate to local conditions. A.S.C.A. § 1.0201. Development Bank v. Reed, 5 A.S.R.2d 135 (1987).

1.0202 Preservation of Samoan customs.

The customs of the Samoan people not in conflict with the laws of American Samoa or the laws of the United States concerning American Samoa shall be preserved. The village, county, and district councils consisting of the hereditary chiefs and talking chiefs shall retain their own form or forms of meeting together to discuss affairs of the village, county, or district according to their own Samoan customs.

History: 1961, PL 7-14.

Case Notes:

The court is responsible for preserving the customs of the Samoan people. Kaliopa v. Salao and Harris 2 A.S.R. 2d I 1983}

Anyone living on communal land must perform tautua to senior matai. Pule over communal land always rests with senior matai of the Family. Taufa’asau v. Mauga. ASR (1979)

Matai may not be arbitrary in orders at eviction; good cause is required. Individual members of the family do not have undivided interest in communal tami1y lands. Kishi v. Lcfeau, ASR (1979).

Trial court can not give power to orally devised interest in parcel of communal land to “assignee”, thus transforming a communal right into an undivided interest in the property. Kishi v. Liufau. ASR (1978). Acquisition of title to bush land by clearing on individual’s own initiative, cultivating by him and occupation by him is court recognized Samoan custom. Land becomes individually owned land. Fanene v. Talio ASR (1977).

Although Samoan custom requires family consultation before a sa'o conveys communal land, the court cannot impose this as an additional condition to such a conveyance absent statutory direction from the Fono. A.S.C.A. §§ 1.0202, 37.0201 et seq. Vaimaona v. Tuitasi, 18 A.S.�