Series 006 - Law Case Files of the First Circuit Court

Identity area

Reference code

US HSA 006

Title

Law Case Files of the First Circuit Court

Date(s)

  • 1848-1896 (Creation)

Level of description

Series

Extent and medium

63 cubic feet in 35 cubic foot and 67 5-inch boxes.

Context area

Name of creator

(1847-1865)

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.

By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu.

Name of creator

(1853)

Administrative history

The Supreme Court established by the Constitution of 1840 was abolished in December 1852 and reestablished by an 1853 act which mandated the transfer of the civil and criminal jurisdiction from the Superior Court to a new Supreme Court consisting of the three members of the former Superior Court. Pending cases in both courts were taken up by the new one

By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu. The term Intermediary Court continued to be used when a Supreme Court Justice presided in that role.

In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.

Name of creator

(1892)

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.

By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu.

In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.

Archival history

Some Hawaiian documents have been translated to English by the courts and Archives translators.

Immediate source of acquisition or transfer

Content and structure area

Scope and content

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.

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 Civil and Criminal Minute Books of the First Circuit Court (Series 198).

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

Accession area

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