Series 249 - Miscellaneous Case Files of the Fifth Circuit Court

Identity area

Reference code

US HSA 249

Title

Miscellaneous Case Files of the Fifth Circuit Court

Date(s)

  • 1861-1897 (Creation)

Level of description

Series

Extent and medium

1.7 cubic feet in 4 5-inch boxes.

Context area

Name of creator

(1847)

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.

The Fourth Circuit consisted of Niihau and Kauai with Hanalei designated as the seat of justice. The seat of justice moved to Nawiliwili in 1852. In 1892 it was designated the Fifth Circuit.

Archival history

Immediate source of acquisition or transfer

Content and structure area

Scope and content

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.

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 Fifth Circuit Court (Series 251).

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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