Title 1 — General Laws and Customs
6 chapters · 32 sections in this title.
A.S.C.A. § 1.0101 Citation
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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
A.S.C.A. § 1.0102 Effect of section headings
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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.
A.S.C.A. § 1.0103 Gender—Number
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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.
A.S.C.A. § 1.0104 Oath
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“Oath” includes an affirmation. History: 1961, PL 7-14.
A.S.C.A. § 1.0105 Person
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“Person” includes a partnership or other association, and a corporation, as well as a natural person. History: 1961, PL 7-14.
A.S.C.A. § 1.0106 Grammatical interpretation
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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.
A.S.C.A. § 1.0107 Government
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The word “government” means the American Samoa Government. History: 1980, PL 16-60 § 1.
A.S.C.A. § 1.0108 Savings provision
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(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 …
A.S.C.A. § 1.0109 Severability
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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 thi…
A.S.C.A. § 1.0201 Laws applicable in American Samoa
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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 ef…
A.S.C.A. § 1.0202 Preservation of Samoan customs
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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…
A.S.C.A. § 1.0301 Seal
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(a) The following figure as reproduced herein is the official seal of the government of American Samoa. (b) No one may reproduce the seal on any item sold commercially without the consent of the Government Secretary in writing. History: 1973, PL 13-17.
A.S.C.A. § 1.0302 Motto
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The official motto of the Territory of American Samoa is designated as “Samoa—Muamua le Atua”. History: 1973, PL 13-34.
A.S.C.A. § 1.0303 Flower
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The official flower of the Territory of American Samoa is designated as the “Paogo” (Ulafala). History: 1973, PL 13-32.
A.S.C.A. § 1.0304 Plant
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The official plant of the Territory of American Samoa is designated as the “Ava”. History: 1973, PL 13-29.
A.S.C.A. § 1.0305 Song
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The official song of the Territory of American Samoa is designated as “Amerika Samoa”. History: 1973, PL 13-26.
A.S.C.A. § 1.0401 Registration required—Closing of register
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(a) Every matai in American Samoa must prior to 1 January 1969, register his title and designated name with the Territorial Registrar. (b) The matai title register shall be closed as of 1 January 1969, and any matai title not registered by that date may not be registered. (c) The…
A.S.C.A. § 1.0402 Registering more than one matai title prohibited
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Persons may not register more than one matai title at one time. History: 1977, PL 15-7.
A.S.C.A. § 1.0403 Qualifications for succession to title- Delegate to the U.S House of Representatives, staff members, dependents
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A person not possessing all of the following qualifications is ineligible to succeed to a matai title: (a) He must be of at least one-half Samoan blood. (b) He must have been born on American soil: provided that a person born of parents who were inhabitants of American Samoa, but…
A.S.C.A. § 1.0404 Eligibility to file claim or objection-Record of absent residents-Delegate to the U.S. House of Representatives and staff members
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(a) Except as provided in subsections (b) and (c), no one is eligible to claim or object to the succession to a matai title unless he is a resident in American Samoa for one calendar year immediately preceding the date of the claim or objection. (b) The Territorial Registrar shal…
A.S.C.A. § 1.0405 Filing written claim-Supporting documents
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(a) Any person claiming succession to a matai title shall file with the Territorial Registrar a written claim of succession to the title. (b) A claim must be accompanied by a certificate from the chiefs of the village to which the claimed title is attached to the effect that the …
A.S.C.A. § 1.0406 Notice of claim
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If the Territorial Registrar is satisfied that the claim, certificate, and petition are in proper form, he must give notice of the filing of the claim by posting a notice thereof, in both the English and Samoan languages, on the bulletin board at the front of the High Court and i…
A.S.C.A. § 1.0407 Counterclaims and objections—Supporting documents
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(a) For a period of 60 days immediately following the posting of notice required in 1.0406, any interested person may file a counterclaim or objection. If the sixtieth day falls on a Saturday, Sunday, or holiday, the next regular business day for the purpose of the section, is co…
A.S.C.A. § 1.0408 Certificate of succession to issue if no counterclaim or objection is filed
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If no counterclaim or objection is filed within 60 days immediately following the posting of the notice of a claim, the Territorial Registrar shall register the claimant as the successor to the title claimed, and shall issue to the claimant a certificate stating the date of the r…
A.S.C.A. § 1.0409 Disputed claims-Hearing- Determination-Certificate issued when
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(a) The High Court shall hear and determine any disputed claim and after decision shall certify the successor to the title as determined by law to the Territorial Registrar for registration. (b) The Territorial Registrar, upon receiving the certification of the court, shall issue…
A.S.C.A. § 1.0410 Effective date of succession
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No succession to a title may be recognized until the certificate of succession and registra-tion is issued. History: 1962, PL 7-38 1968, PL 10-61, 1970, PL 1l-117.
A.S.C.A. § 1.0411 Removal of title for cause—Service of petition—Default—Selection of successor
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(a) A matai title may be removed by the High Court upon a petition for removal filed in the High Court by 25 blood members of the matai’s family, over 18 years of age, who at the time of the petition are all serving the matai and family according to Samoan custom. (b) Service of …
A.S.C.A. § 1.0412 Removal of title after year’s absence—Procedure—Default
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(a) Any matai absent from American Samoa for more than 1 year may be removed of his title upon petition filed in the High Court by any member of the family of the absent matai. Upon presentation of such petition and satisfactory proof of such absence, the Court may, but need not,…
A.S.C.A. § 1.0413 Nonrecognition of titles improperly bestowed
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Any matai title bestowed on any person contrary to the provisions of this chapter may not in any way be recognized. This chapter may not have the effect of divesting any person of a title registered before 1 November 1932. History: 1962, PL 7-38.
A.S.C.A. § 1.0414 Violation—Penalty
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A person who uses any matai title or permits the use of any matai title in his behalf before the same has been registered in accordance with the provisions of this chapter, or continue to use a matai title after he has been removed from his office by proper proceeding shall be se…
A.S.C.A. § 1.0501 Public holidays
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The following are public holidays in American Samoa: (1) 1 January, New Year’s Day (2) 22 February, Washington’s Birthday (3) the Friday before Easter, Good Friday (4) 17 April, American Samoa Flag Day (5) 30 May, Memorial Day (6) 4 July, Independence Day (7) 16 July, Manu’a Isla…
A.S.C.A. § 1.0601 Exemption from daylight saving time
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Pursuant to the authority granted by 15 USC 260a(a), all of the territory of American Samoa is exempt from the provisions of such subsection providing for the advancement of time to save daylight, and the Territory of American Samoa shall observe the standard time otherwise appli…