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Fifth Circuit Court
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Civil and Criminal Minute Books of the Fifth Circuit Court

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.

Fifth Circuit Court

Criminal Case Files of the Fourth Circuit Court

Contains cases 1 through 1520.

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, specifications of the charges against the defendants, writs, indictments, subpoenas, depositions, coroners’ reports, physician’s reports, bills of costs, arraignment documents, jury selection proceedings, defendants’ pleadings, 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 the judge. May 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.

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.

Fifth Circuit Court

Divorce Case Files of the Fifth Circuit Court

Contains cases 1 through 206.
Files for cases 190 and 191 were not transferred to the Archives.

In order to dissolve the marriage contract and obtain a divorce decree, a plaintiff filed for divorce in the circuit courts. 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.

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.

Fifth Circuit Court

Law Case Files of the Fifth Circuit Court

Contains cases 1 through 737. Files for cases 10, 16, 87, 330, 331, 332, 352, 388, 458, 630, 689, and 719 were not transferred to the Archives.

In order to adjudicate property claims and to seek monetary compensation in disputes, a plaintiff initiated 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.

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.

Fifth Circuit Court

Miscellaneous Case Files of the Fifth Circuit Court

Contains cases 1 through 115. Files for cases 52 through 80 were not transferred to the Archives.

The bulk of the records are administrative court documents that were jacketed and assigned miscellaneous case file numbers by the Fifth Circuit Court. Miscellaneous cases are civil in nature and include arbitrations, bankruptcies, disputes over land, money, and water rights, insolvencies, and labor contract enforcement. Administrative records include appointments of magistrates to district court, commissions of district court magistrates, court financial reports, criminal and civil calendars, jury lists, minutes to chamber proceedings, prison reports to the court, and summons. If a case involved property claims, the file may contain information on land titles and family history of plaintiffs and defendants. Case file jackets contain citations to circuit court minute book entries to individual miscellaneous cases. Also contains occasional correspondence between the Fifth Circuit Court judge, district judges and judges of other circuits, the marshal, sheriff, and plantation owners. Case file 10 contains census, school, and tax collection records of Edward P. Bond, who served as both a circuit court judge and Kauai school treasurer. The native and foreign jury lists, jury pay records, and prisoner lists found throughout the records contain names and places of residence of people from Kauai and Niihau. Appeals from the district or police court contain the lower court records relating to the case.

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.

Fifth Circuit Court

Probate Records of the Fifth Circuit Court

Contains cases 1 through 700.

In order to divide the estate of a deceased person, probate proceedings were initiated and the division of property and wealth were adjudicated in circuit court. 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; executors, administrators, guardians 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.

Minute books provide chronological documentation of the probate proceedings held in the judge's chambers. The minute books may contain holographic copies of wills, petitions, inventories, orders, and judgments.

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.

Fifth Circuit Court

Records of the Fifth Circuit Court Clerk

Contains correspondence, documents filed with the court clerk, financial records, fines, jury lists, notary records, receipts, summons and warrants.

Contains minutes of court proceedings, transcripts, correspondence between the court and attorneys, documents filed with the court clerk relating to appeals from District Court, circuit court cases, financial reports, district court reports, fines, jury lists, receipts, summons, and warrants. Many of the documents relate to appeals, bankruptcies, estates, civil cases, administration of assets, receiverships, and other court proceedings. The administrative records include reports from court appointed administrators, daily journals, calendars, dockets, ledgers, day books, account books, notary public books, and Supreme Court decisions. Oaths of district court judges, jury commissioners, and attorneys may also be found.

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.

Fifth Circuit Court

Special Proceedings Case Files of the Fifth Circuit Court

Contains cases 1 through 190. File for case 166 was not transferred to the Archives. Case file jackets provide the case number, names of the plaintiff(s) and defendant(s), subject of the case, date, and cite the minute book volume and page numbers of the court proceedings.

Special proceedings cases were heard before a circuit court judge in chambers. Case files generally contain appeals, bills, complaints, court costs, defendant's response to complaint, depositions, judgments, minutes, petitions, receipts, subpoenas, summons, warrants, and writs. Special proceedings cases concern civil matters such as arbitrations, attorney malpractices, claims for road damages, contempts of court, disputes over labor contracts, impeachments of district court judges, insanity commitments, licenses to practice law, and police malfeasance. Labor contract disputes constitute the bulk of the case files. Nineteenth century contract disputes between indentured agricultural workers and plantations are documented in the case files. Appeals from the district or police court contain the lower court records relating to the case.

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.

Fifth Circuit Court

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