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48 U.S.C. § 644a — Jurisdiction of district court of cases aris-

Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 644a — Jurisdiction of district court of cases aris-

Page 51 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 644a and continued in force the courts’ jurisdiction and pro- cedure previously in force. Section 632, acts Apr. 30, 1900, ch. 339, § 82, 31 Stat. 157; June 15, 1950, ch. 250, 64 Stat. 216, set out size and orga- nization of supreme court, appointment and qualifica- tions of its members, and provisions for filling of va- cancies therein. Section 633, acts Apr. 30, 1900, ch. 339, § 80, 31 Stat. 156; Mar. 3, 1905, ch. 1465, § 2, 33 Stat. 1035; July 9, 1921, ch. 42, § 312, 42 Stat. 119; May 9, 1956, ch. 237, § 1, 70 Stat. 130, called for presidential appointment of members of su- preme court and circuit courts and set tenure and qualifications of judges. §§ 634, 634a. Repealed. Pub. L. 86–3, § 14(e), Mar. 18, 1959, 73 Stat. 10 Section 634, acts Apr. 30, 1900, ch. 339, § 92, 31 Stat. 159; May 27, 1910, ch. 258, § 8, 36 Stat. 448; July 9, 1921, ch. 42, § 314, 42 Stat. 120, related to salaries of justices of su- preme court and circuit courts. Section 634a, acts May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997; Apr. 30, 1956, ch. 226, § 1, 70 Stat. 123, related to sala- ries of justices of supreme court and circuit courts. §§ 634b, 634c. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992 Section 634b, acts May 31, 1938, ch. 301, § 1, 52 Stat. 591; Apr. 16, 1946, ch. 139, § 1, 60 Stat. 90, related to retire- ment of justices and judges. Section 634c, acts May 31, 1938, ch. 301, § 2, 52 Stat. 591; Apr. 16, 1946, ch. 139, § 2, 60 Stat. 90, related to computa- tion of years of service. §§ 635, 636. Omitted Editorial Notes CODIFICATION Sections 635 and 636, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 635, acts Apr. 30, 1900, ch. 339, § 83, 31 Stat.

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Page 51 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 644a and continued in force the courts’ jurisdiction and pro- cedure previously in force. Section 632, acts Apr. 30, 1900, ch. 339, § 82, 31 Stat. 157; June 15, 1950, ch. 250, 64 Stat. 216, set out size and orga- nization of supreme court, appointment and qualifica- tions of its members, and provisions for filling of va- cancies therein. Section 633, acts Apr. 30, 1900, ch. 339, § 80, 31 Stat. 156; Mar. 3, 1905, ch. 1465, § 2, 33 Stat. 1035; July 9, 1921, ch. 42, § 312, 42 Stat. 119; May 9, 1956, ch. 237, § 1, 70 Stat. 130, called for presidential appointment of members of su- preme court and circuit courts and set tenure and qualifications of judges. §§ 634, 634a. Repealed. Pub. L. 86–3, § 14(e), Mar. 18, 1959, 73 Stat. 10 Section 634, acts Apr. 30, 1900, ch. 339, § 92, 31 Stat. 159; May 27, 1910, ch. 258, § 8, 36 Stat. 448; July 9, 1921, ch. 42, § 314, 42 Stat. 120, related to salaries of justices of su- preme court and circuit courts. Section 634a, acts May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997; Apr. 30, 1956, ch. 226, § 1, 70 Stat. 123, related to sala- ries of justices of supreme court and circuit courts. §§ 634b, 634c. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992 Section 634b, acts May 31, 1938, ch. 301, § 1, 52 Stat. 591; Apr. 16, 1946, ch. 139, § 1, 60 Stat. 90, related to retire- ment of justices and judges. Section 634c, acts May 31, 1938, ch. 301, § 2, 52 Stat. 591; Apr. 16, 1946, ch. 139, § 2, 60 Stat. 90, related to computa- tion of years of service. §§ 635, 636. Omitted Editorial Notes CODIFICATION Sections 635 and 636, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 635, acts Apr. 30, 1900, ch. 339, § 83, 31 Stat. 157; Apr. 1, 1952, ch. 127, § 1, 66 Stat. 32, continued in force all laws relating to judicial departments and procedure, but made certain changes with reference to member- ship qualifications for membership on juries. Section 636, acts Apr. 30, 1900, ch. 339, § 84, 31 Stat. 157; May 27, 1910, ch. 258, § 6, 36 Stat. 447, set out standards for disqualification of jurors who were related by affin- ity or consanguinity with a person interested in case being tried and for disqualification of judges in certain cases. §§ 641 to 644. Repealed. June 25, 1948, ch. 646, §§ 8, 39, 62 Stat. 986, 992 Section 641, acts Apr. 30, 1900, ch. 339, § 86(a), (d), 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; July 9, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716, related to district court, sessions, powers, terms. See section 81 et seq. of Title 28, Judiciary and Judicial Procedure. Section 642, acts Apr. 30, 1900, ch. 339, § 86(c), 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 167; July 9, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890, related to juris- diction of district court and authority of officers. See sections 81 et seq., 451 et seq., 501 et seq., 531 et seq., and 1331 et seq. of Title 28. Section 642a, acts Aug. 13, 1940, ch. 662, 54 Stat. 784; Apr. 29, 1948, ch. 241, § 1, 62 Stat. 204, related to jurisdic- tion of cases arising on Midway, Wake, Johnston, etc., Islands. See section 91 of Title 28. Section 643, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; July 9, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890, re- lated to appointment and term of office of judges, dis- trict attorney, and marshal. See sections 133, 134, 501, 504, and 541 of Title 28. Section 644, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; June 1, 1922, ch. 204, title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890, related to appointment and salaries of clerks, deputy clerks and reporters. See sections 604, 751, and 753 of Title 28. § 644a. Jurisdiction of district court of cases aris- ing on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials The jurisdiction of the United States District Court for the District of Hawaii is extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Is- land, Sand Island, Kingman Reef, Palmyra Is- land, Baker Island, Howland Island, Jarvis Is- land, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939, between the Govern- ments of the United States and of the United Kingdom to set up a regime for their use in com- mon, the said jurisdiction is also extended to all civil and criminal cases arising on or within Canton Island and Enderbury Island: Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be preju- dicial to the claims of the United Kingdom to said islands in accordance with the agreement. All civil acts and deeds consummated and tak- ing place on any of these islands or in the waters adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adja- cent thereto, shall be deemed to have been con- summated or committed on the high seas on board a merchant vessel or other vessel belong- ing to the United States and shall be adju- dicated and determined or adjudged and pun- ished according to the laws of the United States relating to such civil acts or offenses on such ships or vessels on the high seas, which laws for the purpose aforesaid are extended over such is- lands, rocks, and keys. The laws of the United States relating to ju- ries and jury trials shall be applicable to the trial of such cases before said district court. (June 15, 1950, ch. 253, 64 Stat. 217; Pub. L. 86–3, § 14(j), Mar. 18, 1959, 73 Stat. 11; Pub. L. 86–624, § 19, July 12, 1960, 74 Stat. 416.) Editorial Notes AMENDMENTS 1960—Pub. L. 86–624 struck out Kure Island. 1959—Pub. L. 86–3 extended jurisdiction to cases aris- ing on or within Palmyra Island. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–3 effective on admission of the State of Hawaii into the Union, see note set out under section 91 of Title 28, Judiciary and Judicial Pro- cedure. Admission of Hawaii into the Union was accom- plished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of this title. Page 52 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 645 CANTON AND ENDERBURY ISLANDS; SOVEREIGNTY OF KIRIBATI By a treaty of friendship, TIAS 10777, which entered into force Sept. 23, 1983, the United States recognized the sovereignty of Kiribati over Canton Island and Enderbury Island. § 645. Repealed. Pub. L. 86–3, § 14(f), Mar. 18, 1959, 73 Stat. 10 Section, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 11, 1911, ch. 231, § 291, 36 Stat. 167; Mar. 4, 1920, ch. 161, § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; June 1, 1922, ch. 204, title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; July 31, 1946, ch. 704, § 1, 60 Stat. 716; June 25, 1948, ch. 646, §§ 8, 39, 62 Stat. 986, 992, related to re- moval of causes and appeal. See section 91 of Title 28, Judiciary and Judicial Procedure and notes thereunder. § 646. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992 Section, act Apr. 30, 1900, ch. 339, § 86a, as added June 19, 1939, ch. 211, 53 Stat. 841, related to rules in civil ac- tions. See section 2072 of Title 28, Judiciary and Judi- cial Procedure. § 651. Omitted Editorial Notes CODIFICATION Section, acts Apr. 30, 1900, ch. 339, § 85, 31 Stat. 158; June 28, 1906, ch. 3582, 34 Stat. 550, which provided for the election of a Delegate to the House of Representa- tives of the United States to serve during each Con- gress, was omitted in view of the admission of Hawaii into the Union. §§ 661 to 678. Omitted Editorial Notes CODIFICATION Sections 661 to 678, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 661, act July 7, 1898, No. 55, § 1, 30 Stat. 750, provided that Congress of the United States shall enact special laws for management and disposition of public lands. Section 662, act Apr. 30, 1900, ch. 339, § 99, 31 Stat. 161, which declared to be property of Hawaiian Government portion of public domain known prior to April 30, 1900, as Crown land. Section 663, acts Apr. 30, 1900, ch. 339, § 73(a), (b), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, ch. 42, § 304, 42 Stat. 116, defined ‘‘public lands’’, ‘‘com- missioner’’, ‘‘land board’’, and ‘‘person’’, and incor- porated by reference certain other defined terms. Section 664, acts Apr. 30, 1900, ch. 339, § 73(c), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, de- clared that laws of Hawaii relating to public lands, set- tlement of boundaries and issuance of patents on land commission awards, shall continue in force until Con- gress shall otherwise provide. Section 664a, act Sept. 26, 1941, ch. 426, § 1, 55 Stat. 734, ratified Hawaiian realty transactions consummated on or before November 25, 1941. Section 664b, act Sept. 26, 1941, ch. 426, § 2, 55 Stat. 734, provided that realty transaction so ratified shall be deemed and held to be perfect and valid from day of date thereof. Section 665, acts Apr. 30, 1900, ch. 339, § 73(d), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117; Aug. 28, 1958, Pub. L. 85–803, § 1, 72 Stat. 971, prescribed terms and conditions of leases on public lands. Section 666, acts Apr. 30, 1900, ch. 339, § 73(e), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, ch. 42, § 304, 42 Stat. 117, directed that all funds arising from sale or lease of public lands be appropriated by laws of government of the territory of Hawaii. Section 667, acts Apr. 30, 1900, ch. 339, § 73(f), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, set out requirements for those who would be entitled to re- ceive any certificate of occupation, right of purchase lease, cash freehold agreement, or special homestead agreement. Section was also classified to section 1509 of this title. Section 668, acts Apr. 30, 1900, ch. 339, § 73(g), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, prescribed limitations on alienation of public lands for which certificates of occupancy have been issued. Sec- tion was also classified to section 1510 of this title. Section 669, acts Apr. 30, 1900, ch. 339, § 73(h), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1919, ch. 258; § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 305, 42 Stat. 118, set out provisions for forfeiture of lands for noncompliance with prior provisions. Section 670, acts Apr. 30, 1900, ch. 339, § 73(i), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 305, 42 Stat. 118; July 27, 1939, ch. 383, § 1, 53 Stat. 1126; July 9, 1952, ch. 617, 66 Stat. 515; Apr. 6, 1956, ch. 180, § 1, 70 Stat. 102; Aug. 1, 1956, ch. 854, 70 Stat. 918, determined persons en- titled to take under certificates of occupation, lease or agreement. Section 671, acts Apr. 30, 1900, ch. 339, § 73(j), 31, Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 306, 42 Stat. 118, gave commissioner, with approval of governor, right to give preferences in purchasing of public lands. Section was also classified to section 1511 of this title. Section 672, acts Apr. 30, 1900, ch. 339, § 73(k), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 307, 42 Stat. 118, gave commissioner, with approval of governor, power to issue patents to churches or religious organizations. Section was also classified to section 1512 of this title. Section 673, acts Apr. 30, 1900, ch. 339, § 73(l), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 308, 42 Stat. 118; Aug. 7, 1946, ch. 771, 60 Stat. 871; July 9, 1952, ch. 616, § 1, 66 Stat. 514; Apr. 6, 1956, ch. 185, § 1, 70 Stat. 104; Aug. 21, 1958, Pub. L. 85–718, 72 Stat. 709; Aug. 28, 1958, Pub. L. 85–803, § 2, 72 Stat. 971, created board of public lands and set restrictions upon sale and lease of agricultural lands and exchange of lands. Section 674, acts Apr. 30, 1900, ch. 339, § 73(m), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56, May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 309, 42 Stat. 119, opened agricultural lands for settlement. Section 675, acts Apr. 30, 1900, ch. 339, § 73(n), (p), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, §§ 310, 311, 42 Stat. 119, provided for survey and opening of homestead entry agricultural lands. Section 676, acts Apr. 30, 1900, ch. 339, § 73(o), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 310, 42 Stat. 119, permitted any person under a general lease from Terri- tory, to continue in possession of such land after expi- ration of lease until such time as homesteader takes actual possession thereof under any form of homestead agreement. Section 677, acts Apr. 30, 1900, ch. 399, § 73(q), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 447; July 9, 1921, ch. 42, § 311, 42 Stat. 119; Aug. 21, 1941, ch. 394, § 1, 55 Stat. 658; July 18, 1958, Pub. L. 85–534, § 1, 72 Stat. 379; Aug. 14, 1958, Pub. L. 85–650, § 2, 72 Stat. 606, improved commissioner with control, management, and disposition of public lands and in-

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 644a — Jurisdiction of district court of cases arising on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials

The jurisdiction of the United States District Court for the District of Hawaii is extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common, the said jurisdiction is also extended to all civil and criminal cases arising on or within Canton Island and Enderbury Island: Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be prejudicial to the claims of the United Kingdom to said islands in accordance with the agreement. All civil acts and deeds consummated and taking place on any of these islands or in the waters adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adjacent thereto, shall be deemed to have been consummated or committed on the high seas on board a merchant vessel or other vessel belonging to the United States and shall be adjudicated and determined or adjudged and punished according to the laws of the United States relating to such civil acts or offenses on such ships or vessels on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys.

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