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

submitted 76 years ago by ch. 253 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 276 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the United States District Court for the District of Hawaii jurisdiction over civil and criminal cases arising on or within the listed islands. It treats certain civil acts and crimes on those islands or in their adjacent waters as occurring on the high seas aboard a United States vessel, and applies United States jury-trial laws.

The jurisdiction of the United States District Court for the District of Hawaii includes all civil and criminal cases arising on or within Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, and Jarvis Island. Because Canton Island and Enderbury Island have a special status under the April 6, 1939, agreement between the United States and the United Kingdom to establish a system for their shared use, the court’s jurisdiction also includes all civil and criminal cases arising on or within Canton Island and Enderbury Island. Extending jurisdiction to Canton and Enderbury does not prejudice the United Kingdom’s claims to those islands under that agreement. All civil acts and deeds completed or occurring on any of these islands or in the waters next to them, and all offenses and crimes committed on the islands or on or in those adjacent waters, are treated as having been completed or committed on the high seas aboard a merchant vessel or other vessel belonging to the United States. They must be decided, or punished, under the United States laws that concern those civil acts or offenses on United States ships or vessels on the high seas. For this purpose, those laws apply to the islands, rocks, and keys. United States laws concerning juries and jury trials apply to trials of these cases in the district court.
the actual law source: uscode.house.gov ↗public domain

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.

The laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1950Enacted · Act of June 15, 1950, ch. 253 · 64 Stat. 217
  • 1959Amended · Pub. L. 86-3 · 73 Stat. 11
  • 1960Amended · Pub. L. 86-624 · 74 Stat. 416

A history note hasn’t been published yet. The record shows enactment by ch. 253 on 1950-06-15.

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