Superior Court of Law and Equity

Corporate body

Superior Court of Law and Equity

1847-1852

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.

An 1853 law 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.

The Superior Court held original jurisdiction over legal actions affecting government officials, foreign ambassadors and resident consuls and held appellate jurisdiction on all civil and criminal matters. Decisions of the Superior Court were subject to appeal to the Supreme Court.

The clerks of the Supreme Court, circuit courts, and district courts were appointed by their respective courts and had the power to issue process in all suits and matters brought before the court, administer oaths, take depositions of witnesses, to assess damages, and draw juries. The clerk recorded the proceedings of the court and held custody of court records. The clerk had charge of the seals of the court, maintained financial records, made quarterly account reports, and maintained an alphabetical list of plaintiffs and defendants to any suit or judgment recorded.

An Act to Organize the Judiciary Department of the Hawaiian Islands, 1847

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
Additions on 2004-04, P. Lai
Revised on 2020-09-09, Joel Horowitz

• English

1994-06, P. Lai: Created
1996-10, 1996-11, 1997-04, 2001-06, and 2002-06: Revised
2002-11, A. Hoof: Additions
2004-04, P. Lai: Additions
2020-09-09, Joel Horowitz: Entered into AtoM, with clarifications regarding the Superior, and Supreme Court of the mid-19th century.