Series 023 - Fishing Rights Case Files of the Fourth Circuit Court

Identity area

Reference code

US HSA 023

Title

Fishing Rights Case Files of the Fourth Circuit Court

Date(s)

  • 1902-1907 (Creation)

Level of description

Series

Extent and medium

0.25 cubic foot in 1 cubic foot box.

Context area

Name of creator

(1892-1943)

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.

Archival history

Immediate source of acquisition or transfer

Content and structure area

Scope and content

Contains cases 1 to 7.

These case files were created as a result of judicial proceedings initiated by plaintiffs claiming fishing rights based on traditional Hawaiian practice. Such plaintiffs petitioned the court to rule that they had sole and exclusive fee simple ownership of sea fisheries extending into the ocean from the shoreline of their properties. Shoreline areas of Hilo, Puna and Waipio Valley are covered in the case files.

Case files contain the petition of the plaintiff, amendments to complaints and petitions, receipts for exhibits, stipulation by attorneys for the plaintiffs and defendants, defendant's answer to plaintiff's petition or complaint, summons, judgments, decisions and orders of the presiding judge, and related court documents such as orders to sell real estate and divide proceeds among the heirs.

None of the documents have been translated.

Earlier civil cases relating to fishing rights from 1850 to 1896 for the districts of Hamakua, Hilo, and Puna may be filed with the Third Circuit Court records.

Appraisal, destruction and scheduling

Accruals

System of arrangement

Arranged numerically.

Conditions of access and use area

Conditions governing access

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

Minutes to cases are in the Minute Books of the Fourth Circuit Court (Series 247).

Earlier civil cases relating to fishing rights from 1850 to 1896 for the districts of Hamakua, Hilo, and Puna may be filed in Civil Case Files of the Third Circuit Court (Series 013).

Notes area

Alternative identifier(s)

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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

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