difficult and responsible work in a very highly specialized professional field and to serve as assistant head of a major department of the Government. Pay Range-36 includes all classes of positions the duties of which are to perform, under general administrative direction, work of unusual difficulty and professional nature which requires the execution of very important and difficult administrative responsibilities. Pay Range-37 includes all classes of positions the duties of which are to perform under general administrative direction, work requiring the incumbent to plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal or other specialized program of exceptional difficulty and responsibility and which are of special significance to the Territory of Guam. Pay Range-38 includes all classes of positions the duties of which are to serve as head of a major department of the Government; to be responsible for all phases of the department's work, including planning and implementation; and considering the kind and extent of the authorities, responsibilities and activities carried on, the position is exceptional and outstanding among the whole group of administrative positions. Section 25. Reassignment of Classes Due to Economic Conditions. The Governor may, upon the recommendation of the Personnel Board, when he finds that economic conditions warrant the necessity therefor, reassign classes of positions to higher or lower pay ranges within the pay range schedule than those to which they are assigned in section 24 of this Compensation Law; provided, however, that all classes of positions are reassigned at one and the same time and in the same manner and to the same extent. The provisions of this section are not intended to nor shall they in any way limit the authority conferred upon the Governor by section 8 of this Compensation Law. Section 26. Conflicts; Division II Controls. Where any conflict exists or arises between titles or names of positions or classes of positions in Division I and Division II of this Compensation Law, the provisions of Division II shall control. Section 2. Section 9 of the Compensation Law (Public Law No. 4, First Guam Legislature, First Special Session, approved January 11, 1951) is amended to read: "Section 9. Reassignments of Classes to Pay Ranges. Positions or classes of positions listed in this Act may be reassignable to other pay ranges by action of the Governor when necessary to the efficient performance of the duties and functions of the Government. Such reassignments shall be submitted to the Personnel Board within 30 days and shall be terminated unless approved by the Personnel Board within 60 days thereafter. This section however, shall not apply to any and all positions specifically required by law to be confirmed by the Guam Congress." Section 3. This is an urgency measure and shall become effective upon approval by the Governor, and the Compensation Law in its entirety shall be in full force and effect from the date of such approval. Approved August 3, 1951. [Public Law 17 - First Guam Legislature] AN ACT To revise and amend Part I of the Code of Civil Procedure so as to provide for and regulate the composition, jurisdiction and powers of the courts of justice of the Territory of Guam and their officers and employees, to amend existing law so as to conform thereto and to repeal inconsistent legislation. Be it enacted by the People of the Territory of Guam: Section 1. Part I of the Code of Civil Procedure of Guam, entitled "Courts of Justice" is stricken out in its entirety and in lieu thereof a new Part I, consisting of five titles, is inserted in the Code of Civil Procedure to read as follows: PART I COURTS OF JUSTICE TITLE I. Organization and jurisdiction. II. Judicial officers. III. IV. Persons specially invested with powers of a judicial nature. V. Persons specially invested with ministerial powers relating to Section 51. Courts of justice in general.-The courts of justice of the territory of Guam consist of the District Court of Guam, the Island Court, the Police Court, and the Commissioner's Courts. The District Court of Guam and the Island Court are courts of record. The Police Court and the Commissioner's Courts are courts not of record. Section 52. Ecclesiastical tribunals abolished. — All ecclesiastical jurisdiction and tribunals are abolished. All laws or parts of laws which give precedence, privilege, or immunity of any kind to ecclesiastical, or other officials or agents of any church or religion are abrogated and the legal status of such persons shall be that of private citizens without public functions or authority. All cases of which ecclesiastical courts or tribunals have had jurisdiction shall be tried in the District Court of Guam or the Island Court, as the case may be. Section 61. Composition. 62. Original jurisdiction. 63. Appellate jurisdiction. 64. Powers on appeal. 65. Appellate division. 66. Time for taking appeals. 67. Appellate procedure. 68. Rules and Writs. 69. Pending appeals. CHAPTER II-DISTRICT COURT Section 61. Composition.-The District Court of Guam consists of the judge appointed for the court by the President and of any judge or judges assigned to the court by the Chief Justice of the United States pursuant to Section 24(a) of the Organic Act of Guam. Section 62. Original jurisdiction.-Under Section 22(a) of the Organic Act of Guam the District Court of Guam has the original jurisdiction of a district court of the United States in all causes arising under the laws of the United States and has orginal jurisdiction in all other causes in Guam except those over which original jurisdiction has been transformed to and vested in the Island Court by Section 82 of this title. If it appears that an action or proceeding brought in the District Court is actually within the jurisdiction of the Island Court the District Court shall transfer it to the Island Court for hearing and determination. Section 63. Appellate jurisdiction.-The District Court of Guam shall have jurisdiction of appeals from the judgments, orders and decrees of the Island Court in criminal causes as provided in the Penal Code, Part II, Title VIII, and in civil causes and proceedings as provided in the Code of Civil Procedure, Part II, Title VIII, Chapter VI, Article II, and Title XII, Chapters I and II, and Part III, Title I, Chapter V, and Title II, Chapter IV, and Title VII, Chapter XII, and the Probate Code, Division III, Chapter XXI, Article IV, and Division IV, Chapter XVI. Section 64. Powers on appeal.—Upon appeal the District Court may affirm, modify, vacate, set aside or reverse the judgment, order or decree appealed from, and may remand the cause and direct the entry of such appropriate judgment, order or decree as may be just under the circumstances, but the District Court may not take new or additional evidence, consider the issues of fact de novo, or set aside findings of fact made by the Island Court unless they are clearly erroneous, and due regard shall be given to the opportunity of the trial judge or judges to judge of the credibility of the witnesses. Section 65. Appellate division.-Appeals from the Island Court shall be heard and determined by an appellate division of the District Court, consisting of three judges, of whom two shall constitute a quorum. The appellate division, when requested by the moving party, shall also hear and determine motions for rehearing or a new trial made after final decision of the District Court in all cases tried originally in that court in which such final decision is not appealable to the United States Court of Appeals for the Ninth Circuit. The judge appointed for the court by the President shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the court from time to time by the Chief Justice of the United States pursuant to Section 24 (a) of the Organic Act of Guam. The concurrence of two judges of the appellate division shall be necessary to any decision by the District Court on the merits of an appeal but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction, or failure to take or prosecute it in accordance with the applicable law or rules of procedure. Section 66. Time for taking appeals.-The time within which an appeal must be taken and the manner of taking an appeal may be prescribed by rules adopted by the Judicial Council. To the extent not so prescribed the time and manner of taking an appeal shall be governed by the Penal Code or the Code of Civil Procedure, as the case may be. Section 67. Appellate procedure. The procedure on appeal may be prescribed by rules adopted by the Judicial Council. To the extent not so prescribed it shall be governed by the Penal Code or the Code of Civil Procedure, as the case may be, and by the rules of the District Court. Section 68. Rules and Writs.-The District Court of Guam may from time to time prescribe rules, consistent with law and with the rules adopted by the Supreme Court and by the Judicial Council, for the conduct of its business and may issue writs of habeas corpus, certiorari or review, mandamus or mandate, prohibition and all other writs necessary or appropri ate in aid of its original or appellate jurisdiction and agreeable to the usages and principles of law. Section 69. Pending appeals.-All records, books, papers, causes, appeals and proceedings lodged, deposited or pending in the former Court of Appeals are transferred to the District Court of Guam which shall have the same jurisdiction over them as if they had been in the first instance lodged, deposited, filed or commenced therein. Section CHAPTER III-ISLAND COURT 81. Appointment, tenure and salary of judges. 82. Original jurisdiction. 83. Appellate jurisdiction and procedure. 84. Procedure, rules and writs. 85. Chief judge; powers. 86. Power of single judge. 87. Sessions. 88. Clerk. 89. Transfer of records and pending proceedings of Justice Court. Section 81. Appointment, tenure and salary of judges.-The Island Court shall consist of a chief judge and such additional judges as may be necessary for the proper dispatch of the business of the court, who shall be appointed by the Governor, by and with the advice and consent of the Legislature, for terms of four years each, unless sooner removed for cause. The salary of the chief judge and of the other judges shall be fixed by law and shall not be diminished during their terms of office. Section 82. Original jurisdiction.—The Island Court shall have original jurisdiction exclusive of the District Court: (1) In all criminal cases not amounting to felonies, arising under the laws of Guam and in all cases of felonies under the laws of Guam, which, if tried in the District Court, would not be fully appealable to the United States Court of Appeals for the Ninth Circuit by the defendant if convicted. (2) In all actions and proceedings under the laws of Guam for the annulment or dissolution of marriage, for family support, for the adoption or custody of children, for declaration of parental relation and for change of name; (3) In all proceedings under the laws of Guam for the probate of wills, the appointment of executors, administrators, guardians and trustees, and the administration, settlement and distribution of estates of decedents, minors and missing persons; (4) In all cases at law under the laws of Guam in which the demand, exclusive of interest and costs, or the value of the property in controversy does not amount to more than $2000, except cases which involve the legality of any tax, impost, assessment, toll or fine; (5) In actions for dissolution of partnership, where the total assets of the partnership do not exceed $2,000; (6) To cancel or rescind a contract, when such relief is sought in connection with an action to recover money, not exceeding $2,000, paid or delivered under or in consideration of such contract; to revise a contract where such relief is sought in an action upon such contract of which the court otherwise has jurisdiction; (7) In all proceedings in forcible entry or forcible or unlawful detainer, where the rental value is not more than $200 per month, and where the whole amount of damages claimed is not more than $2,000; (8) In all actions to enforce and foreclose liens on personal property, where the amount of such lien is not more than $2,000; (9) To issue temporary restraining orders and preliminary injunctions, to take accounts, and to appoint receivers, where necessary to preserve the property or rights of any party to an action of which the court has jurisdiction; to appoint a receiver in aid of execution as provided in Section 564, subdivision 4, of the Code of Civil Procedure; to charge the interest of a debtor partner with payment of the unsatisfied amount of any judgment rendered by such court in the manner provided in Section 2422 of the Civil Code, and in such cases to appoint a receiver and to make any order or perform any act mentioned or authorized in said section; in proceedings under Section 689 of the Code of Civil Procedure to determine title to personal property seized in an action pending in, or upon execution issued by, such court; (10) In all cases in equity to try title to personal property when the amount involved is not more than $2,000; and to hear and determine all equitable defenses in any case properly pending in the court; and (11) In all other cases in which jurisdiction is expressly conferred upon the Island Court by law. If in a civil action brought in the Island Court a cross complaint is filed |