American Samoa § 1.0414 - Violation—Penalty.

§ 1.0414. Violation—Penalty.

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 sentenced as for a class B misdemeanor. Amendments: 1980 Amended to conform with penalties provided for in Title 46, criminal justice. Case Notes: Law provides penalties for persons using matai title without having registered it. RCAS 6.0109; Mailo v. Fuimaono. 4 ASR 757 (1967). Section makes it a crime to claim a matai title law fully registered in the name of another person Togiola v. Tafesilafai, 4 A.S.R. 2d 54 (1987). Territorial statute makes it a crime to claim a matai title lawfully registered in the name of another person. A.S.C.A. § 1.0414. Togiola v. Tafesilafa’i, 4 A.S.R.2d 54 (1987). Territorial statute prohibits anyone from using a matai title before title has been registered in accordance with provisions of statute. A.S.C.A. §§ 1.401 1.0414; I’aulualo v. Siofaga, 10 A.S.R.2d 26 (1989). Where family had agreed that two persons would jointly hold matai title, and one of the two co-holders registered in title in accordance with statutory provisions, territorial statute required that the other co-holder be enjoined from using the title. A.S.C.A. §§ 1.0401, 1.0414; I’aulualo v. Siofaga, 10 A.S.R.2d 26 (1989). Candidate for matai title who had been using the title illegally for several years while objections to his candidacy were pending, would ordinarily not prevail on statutory criterion of value to family, village, and country. A.S.C.A. §§ 1.0409, 1.0414. In re Matai Title Muagututi’a, 14 A.S.R.2d 67 (1990). A matai title bestowed contrary to statue cannot be registered or otherwise recognized; and use of an unregistered matai title is a criminal act. A.S.C.A. §§ 1.0401-1.0414. Toilolo v. Poti, 23 A.S.R.2d 130 (1993).