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Supreme Court
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Admiralty Case Files of the First Circuit Court

Contains cases 1 through 225, index, and minute books. Case numbers 146 through 174 were not used by the court.

Case files generally contain libel complaints, warrants, bonds, petitions, monitions (summons), bill of costs, motions, subpoenas, notices of motion for hearing, statements of claim, claims, accounts, affidavits, appeals, testimony, proceedings, judgments, satisfactions of judgment, decisions of the court, briefs, agreements between parties, depositions, exhibits which may include report of survey on a vessel, cargo lists, passenger lists, crew member rosters, maps, and drawings depicting locations of vessels in port. Appeals from the district or police court contain the lower court records relating to the case.

Cases involve violations of port regulations, claims against vessels for damages and lost cargo in collisions, claims by businesses and shipping agents against vessels to recoup cargo losses, claims for wages by the crew of a vessel, claims for lost personal property, smuggling, and libel for salvage.

Cases were heard by a First Circuit Court judge or Supreme Court justice in chambers. The minute books document the admiralty proceedings heard in chambers and contain holograph copies of claims, complaints, affidavits, orders, judgments, decrees, petitions, lists of property, and court costs. Disputes between merchants and shipping agents against vessel owners, disputes between the ship’s crew and vessel owners, and disputes between vessel owners are commonly found throughout the records.

Admiralty cases were not heard in the circuit court after 1900, when the Hawaiian Islands became a territory of the United States. Jurisdiction over maritime cases resides in federal district courts.

First Circuit Court

Applications to Practice Law

The 1859 Civil Code, Chapter XXI, Section 1065 authorized the Supreme Court to examine and admit as practitioners in the courts of record, such persons, being Hawaiian subjects, of good moral character, and having then the prescribed oath of office, as said court may find qualified for that purpose.

Contains letters written by applicants addressed to the Chief Justice of the Hawaiian Supreme Court soliciting permission to practice law before the local circuit judge and the Police and District court justices on a particular island. In addition to the letters of application there may also be affidavits attesting to the good character of the applicant, recommendations from other attorneys and judges, and letters in support of the applicant from friends. Personal and professional information regarding the applicant may include age, education, names of associates and length of time spent in the practice of law. A license granted to the successful applicant is filed with the letters of application and supporting references. Unsuccessful applicant and supporting letters are in the file.

Oaths were issued by the Aha Hookolokolo Kiekie or the Supreme Court to the licensed attorney. Oaths are forms with the name of the practicing attorney, date of oath, jurisdiction of practice and signed by the attorney and Chief Justice.

The applications and oaths cover all circuits. Applications are dated 1870, 1876, 1878-1890, 1895-1898. Oaths are dated 1878-1881 and 1883.

Approximately 90% of the records are in Hawaiian. None have been translated.

Chief Justice of the Supreme Court

Civil and Criminal Minute Books of the First Circuit Court

Other record books contain minutes of appeals, bankruptcy, criminal, divorce, equity, and law 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 minute books contain divorce, separation and permission to marry again proceedings.

The Supreme Court minutes are dated 1844 to 1848 and contain appeals from the island courts. The Court of Oahu record book dates from 1846 to 1848 and contains appeals, civil, criminal, divorce and probate proceedings.

First Circuit Court

Criminal Case Files of the First Circuit Court

Contains cases 1 through 1700. Files for cases 17, 91, 142, 191, 285, 299, 338, 383, 416, 420, 553-584, 588, 612, 622, 633, 1056 through 1074, 1146, and 1648 were not transferred to the Archives.

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 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, embezzlement, extortion, receiving stolen goods, arson, 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 generally contain arrest warrants, criminal complaints, specifications of the charges against the defendant, writs, indictments, subpoenas, depositions, coroner reports, physician reports, bills of costs, arraignment documents, jury selection proceedings, defendant's pleadings, clerk's minutes, trial proceedings, instructions for the defendant, instructions to the jury, judgments, and mittimus. Appeals from the district or police court contain the lower court records relating to the case. Case files contain information about the crimes committed, defendant's pleadings, verdict of the jury, and sentencing by the judge. May contain personal information about the defendant such as age, marital status, occupation, and place of residence.

First Circuit Court

Divorce Case Files of the First Circuit Court

Contains cases 1 through 2415. Case file 2147 was not transferred to the Archives.

In order to dissolve the marriage contract and obtain a divorce decree, a plaintiff filed for divorce in the First Circuit Court or the Supreme 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, custody of children involved, and fees paid to the court.

First Circuit Court

Equity Case Files of the First Circuit Court

Contains cases 1 through 396 and 500 through 1114.
Files for cases 397 through 499 were not transferred to the Archives.

In order to seek abatement of public or private nuisance, to recover damages, to settle disputes which may include property claims, a plaintiff petitioned the First Circuit Court and after 1852, the Supreme 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.

First Circuit Court

Intermediary Case Files of the First Circuit Court

Contains cases 1 through 889 and one minute book. Files for cases 11-12, 19-20, 31, 39, 57-58, 64, 68, 79-80, 85, 124-127, 132, 135-136, 140, 142, 151, 154, 155, 157, 160-163, 166-167, 170-171, 174-175, 179, 181-182, 186, 190, 194, 206-207, 216-217, 243, 247, 256-257, 259-261, 264, 270, 287, 290, 305, 319, 322-323, 352, 354, 357-358, 369, 437-438, 445-446, 465-466, 487, 490, 493, 507, 511, 575, 587, 602, 666, 680, 682, 700, 702-703, 729, 739-740, 757, 764-765, 795, 810-812, 824, 840, 856, 860, and 866 were not transferred to the Archives.

Intermediary records are appeals from the District and Police Courts of the First Circuit. Case files generally contain plaintiff’s briefs, complaints, summons, subpoenas, depositions, certificates of appeal, amendments to declaration, motions for hearing, notices to set case for hearing, bills of court costs, stipulations, judgments, decisions, notices of appeal to the Supreme Court, evidence, 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. Appeals from the district or police court contain the lower court records relating to the case. The minute book contains court clerk entries documenting actions of the judge in the appeals cases.

Cases heard before the intermediary court are civil and criminal appeals from District and Police Courts relating to adultery, assault and battery, assumpsit, breaches of contracts, claims to recover financial losses from theft, claims to recover possession of land, claims to recover possession of personal property, claims to recover rent due, larceny, replevin, and trover. If a case involved property claims, the file may contain information on land titles and family history of plaintiffs and defendants. Occasional cases relating to fishing rights and water rights can be found.

None of the documents have been translated.

First Circuit Court

Law Case Files of the First Circuit Court

Contains case numbers 1 through 3808.
Files for cases 2043 through 2099 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 the circuit court.

Case files generally contain petitions, proceedings, receipts, plaintiff statements, summons, defendant's briefs, evidence, bills of court and attorney costs, decisions, judgments and appeals. Cases involve lower court appeals; claims for monetary compensation in disputes over property damage, wages, loan payments, leases, and rents; disputes over land ownership; ejectment; fishing and water rights. 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.

First Circuit Court

Probate Records of the First Circuit Court

Contains cases 1 through 3274, probate minute books, and inheritance tax record books.

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 and the Supreme Court.

Case files generally contain the following documents: petition for letters of administration; order of notice of petition for administration; affidavit of publication; clerk's minutes; order of administration; inventory of property; wills; 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 death 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 generally contain holographic copies of wills, petitions, inventories, orders, and judgments. Record books of inheritance tax are arranged chronologically and provide the date and amount of inheritance tax paid.

The Archives has physical possession of case files 3589, 3905, 4064, 4319, 5322, 5323, 5324, and 5363 as artifacts. The record copy of these records is in the custody of the First Circuit Court.

First Circuit Court

Records of the Clerks of the Supreme Court and First Circuit Court

The administrative records include reports from court appointed administrators, daily journals, calendars, dockets, court transcripts, petitions, ledgers, day books, account books, notary public books, Supreme Court decisions, and various court documents filed with the court clerks. Oaths of district court judges, jury commissioners, and attorneys may also be found. Miscellaneous subjects contain a very small number of documents relating to adoptions, genealogies, land, and naturalizations (on MFL 109). Correspondence includes letters between district magistrates, other circuit judges and court officers relating to cases and administrative issues. Also includes letters from individuals to the court complaining about district magistrates' conduct and rulings. Records relating to estates, bankruptcies, and civil cases, contain reports from court appointed administrators, correspondence, financial documents, orders, and a few criminal cases. Miscellaneous records contain records filed with the clerk such as summons, writs, warrants, petitions, depositions, proceedings, transcripts, briefs and juvenile court petitions. Various court journals contain settlements, petitions, jury lists, daily journal, decisions, day books, account books, and cash books. The notary public books are incomplete and cover 1859-1863 and 1919-1921.

None of the documents have been translated.

Supreme Court

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