Identity area
Reference code
Title
Date(s)
- 1848-1970 (Creation)
Level of description
Series
Extent and medium
11.25 cubic feet in 2 5-inch boxes, and 37 oversize volumes.
Context area
Name of creator
Administrative history
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842. The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
The Fourth Circuit consisted of Niihau and Kauai with Hanalei designated as the seat of justice. The seat of justice moved to Nawiliwili in 1852. In 1892 it was designated the Fifth Circuit.
Repository
Archival history
Immediate source of acquisition or transfer
Content and structure area
Scope and content
Contains minutes of adoptions, appeals, civil, criminal, divorce, equity, guardianship, law, naturalization, and probate proceedings. Minute book entries contain court date, defendant and plaintiff names, names of attorneys representing the defendant and plaintiff, court proceedings, judgments, sentencing in criminal cases, and appeals. Civil cases were filed in circuit court to adjudicate property claims and to seek monetary compensation in disputes. Criminal proceedings were taken in the courts against persons charged with some violation of the criminal laws. Divorce entries may also contain separation and permission to marry again proceedings.
Records in this series dated before 1892 may be identified as Fourth Circuit Court documents. Kauai and Niihau were designated as the Fourth Circuit prior to 1892.
None of the documents have been translated.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Arranged chronologically by court date.
Conditions of access and use area
Conditions governing access
Access to adoption records is restricted by HRS 578-15.
Access to guardianship records and juvenile court proceedings is restricted by HRS 571-84.
Conditions governing reproduction
Language of material
- English
- Hawaiian
Script of material
Language and script notes
Physical characteristics and technical requirements
Finding aids
Uploaded finding aid
Allied materials area
Existence and location of originals
Existence and location of copies
Related units of description
Notes area
Alternative identifier(s)
Access points
Subject access points
Place access points
Name access points
Genre access points
Description control area
Description identifier
Institution identifier
Rules and/or conventions used
Status
Level of detail
Dates of creation revision deletion
Created on 1994-06, P. Lai
Revised on 1996-10, 1996-11, 1997-04, 2001-06, and 2002-06
Additions on 2002-11, A. Hoof
Language(s)
- English
Script(s)
Sources
Archivist's note
1994-06, P. Lai: Created
1996-10, 1996-11, 1997-04, 2001-06, and 2002-06: Revised
2002-11, A. Hoof: Additions
2020-09-09, Joel Horowitz: Entered into AtoM