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3.0240 Land and titles division—Composition.

Cite as [A.S.C.A. § 3.0240 ]

The land and titles division shall consist of the Chief Justice, the Associate Justice, and all of the associate judges. In the land and titles division, all controversies relating to land shall be heard and decided by a justice and 2 associate judges, the presence of a justice and 1 associate judge being necessary to constitute a quorum for the trial and determination of a case or controversy. In the land and titles division all controversies relating to matai titles shall be heard by a justice and 4 associate judges, the presence of a justice and 3 associate judges being necessary to constitute a quorum for the trial and determination of a case or controversy.

History: 1978, PL, 15-l00; amd 1979, PL 16-53 § 8.

Case Notes:

Requirement that one law-trained judge (justice) be included in panel that hears matai title disputes does not require that the law trained judge be present during all deliberations of associate judges. ln re matai title La’apui, 4 A.S.R.2d 7 (1987).

Statute prescribing participation in matai title dispute of one law-trained judge, as well as four associate judges who are not lawyers but who are chosen for their familiarity with Samoan custom, did not require that the law-trained judge be present during all deliberations of the associate judges. A.S.C.A. § 3.0240; In re Matai Title La’apui, 4 A.S.R.2d 7 (1987).