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Fourth Circuit Court
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Wills

The Wills of the First Circuit date from 1893 to 1916. They contain will numbers 1 through 615 and total two cubic feet.

The Wills of Other Circuits date from 1852 to 1916. They contain will numbers 1 through 678 and total two cubic feet.

Information provided in wills are names of heirs, financial successors, appointed executor or guardians, and possessions inventory. Included are witness signatures and circuit judge certification proving will to be correct.

Wills admitted to probate may be located within probate case files.

First Circuit Court

Records of the Clerk of the Fourth Circuit Clerk

Contains documents filed with the court clerk relating to appeals from district court, bankruptcies, estates, civil cases, criminal cases, administration of assets, habeas corpus, and other court proceedings. Includes depositions, orders, petitions, receipts, statements, summons, and warrants. In addition, includes administrative records such as court calendars and jury lists.

None of the documents have been translated.

Fourth Circuit Court

Probate Case Files of the Fourth Circuit Court

Contains cases 1 through 273 (Old Series) and A1 through A28 (A Series). Files for cases 7, 69, 142, 165, 172, 211, 228, and 263 (Old Series) were not transferred to the Archives.

In order to divide the estate of a deceased person, probate proceedings were initiated and the division of property and wealth were adjudicated in the circuit courts. Case files generally contain petition for letters of administration; order of notice of petition for administration; affidavit of publication; clerk's minutes; order of administration; inventory of property; petition for allowance of accounts and discharge in deceased estates; executor's, administrator's, guardian's or trustee's accounts; inventory of final settlement; order of notice of petition for allowance of final accounts and discharge in deceased estates; master's report; and order approving accounts and discharge. Case files usually provide date and place of death and inventories of personal possessions. Files frequently list the names of surviving family members such as the husband, wife, children, father, mother, brothers or sisters, and other relatives of the deceased.

Adoptions and guardianships were filed with probate cases starting in 1859 when judges were authorized to legalize adoptions.

Probate cases from 1854 to 1897 for the districts of Hamakua, Hilo, and Puna on the island of Hawaii are filed with Third Circuit Court records.

Fourth Circuit Court

Miscellaneous Case Files of the Fourth Circuit Court

Contains cases 1 through 137.

Miscellaneous cases were heard before a circuit court judge in chambers. Case files generally contain affidavits, applications to practice law in the Courts, bench warrants, legal briefs, complaints, summons, subpoenas, depositions, judgments, decisions, evidence, oaths of practicing attorneys, reports supporting attorney applications to practice law, orders of execution, and clerk's minutes. Evidence contains supporting documents such as agreements, contracts, financial receipts, land leases, inventories of real property, and inventories of personal property.

Cases relate to arbitrations, bankruptcy, contempt of court, writs of habeas corpus, writs of mandamus, bench warrants, appointments of district court magistrates, applications to practice law in the district courts, and occasionally relating to water rights. For example, case 82 deals with the Hilo Water Rights Case, 1915.

None of the documents have been translated.

Fourth Circuit Court

Minute Books of the Fourth Circuit Court

Contains court minutes to adoptions, appeals, bankruptcy, civil, criminal, divorce, guardianship, miscellaneous, naturalization, and probate proceedings. Volumes 12 through 34 contain indexes to the proceedings. Minute book entries contain court date, defendant and plaintiff names, names of attorneys representing defendants and plaintiffs, 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.

Fourth Circuit Court

Law Case Files of the Fourth Circuit Court

Contains cases 1 through 283.
Files for cases 31, 111, 164, 212, and 233 were not transferred to the Archives.

In order to adjudicate property claims and to seek monetary compensation in disputes, a plaintiff filed a law case in circuit court. Case files generally contain petitions, proceedings, receipts, plaintiff statements, summons, defendant briefs, evidence, bills of court and attorney costs, decisions, judgments and appeals. If a case involved property claims, the file may contain information on land titles and family history of plaintiffs and defendants. Appeals from the district or police court contain the lower court records relating to the case.

Case files from 1850 to 1896 for the districts of Hamakua, Hilo, and Puna on the island of Hawaii are filed with the Third Circuit Court Records.

Fourth Circuit Court

Fishing Rights Case Files of the Fourth Circuit Court

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.

Fourth Circuit Court

Equity Case Files of the Fourth Circuit Court

Contains cases 1 through 84.

In order to seek abatement of public or private nuisance, to recover damages, or to settle disputes, a plaintiff petitioned the circuit court to make and award a judgment, decree, order or injunction. Case files generally contain petitions, summons, affidavits, subpoenas, pleas, proceedings, orders, masters reports, decrees, motions, bills, receipts, judgments, decisions, and appeals. If a case involved property claims, the file may contain information on land titles and family history of plaintiffs and defendants. Appeals from the district or police court contain the lower court records relating to the case.

Civil cases from 1850-1894 for the districts of Hamakua, Hilo, and Puna on the island of Hawaii are filed with the Third Circuit Court records.

Fourth Circuit Court

Divorce Case Files of the Fourth Circuit Court

Includes cases 1 through 121 from 1890 to 1899, and cases A1 through A45 from 1893 to 1899.

In order to dissolve the marriage contract and obtain a divorce decree, a plaintiff filed for divorce in circuit court. Case files generally contain an application for divorce, summons, affidavit of publication of the divorce notice, divorce decree, statements by the husband or wife, and divorce proceedings. Information found in the records includes date of marriage, residence, circumstances and reasons which led to filing for divorce, children involved and fees paid to the court.

Pre-1890 divorces for the districts of Hamakua, Hilo and Puna on the island of Hawaii are filed with the Third Circuit Court records.

Fourth Circuit Court

Criminal Case Files of the Fourth Circuit Court

Contains cases files from 1893 to 1899 numbered 1 through 1097; and from 1896 to 1904 numbered 1 through 384. Case files 1 through 384 (Old series) have not been indexed.

Criminal proceedings document the function of the circuit court to dispense justice to individuals accused of committing offenses against the government. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it. Criminal proceedings were taken in the courts against persons charged with some violation of the criminal law. Criminal offenses include the following: murder, manslaughter, treason, dueling, assault and battery, kidnapping, unlawful imprisonment, child stealing, rape, abortion, polygamy, adultery, fornication, incest, sodomy, burglary, housebreaking, robbery, larceny, violation of postal laws, embezzlement, extortion, receiving stolen goods, arson, gross cheats, malicious injuries, perjury, conspiracy, forgery, counterfeiting of coins, libel, obstructing justice, drunkenness, affray, violating Sabbath, vagrancy, riot, unlawful assembly, gaming, sale of intoxicating drinks, prostitution and cruelty to animals.

Case files may contain arrest warrants, criminal complaints, specification of the charges against the defendants, writs, indictments, subpoenas, depositions, coroner’s reports, physician’s reports, bills of costs, arraignment documents, jury selection proceedings, defendant briefs, clerk’s minutes, trial proceedings, instructions for the defendant, instructions to the jury, judgments and mittimus. Case files contain information about the crimes committed, defendants’ pleadings, verdict of the jury, and sentencing by judge. They may also contain personal information about the defendant such as place of residence and occupation. Appeals from the district or police court contain the lower court records relating to the case.

Case files from 1853 to 1900 for the districts of Hamakua, Hilo, and Puna on the island of Hawaii are filed with Third Circuit Court records.

Fourth Circuit Court

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