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HAWAIIAN GAZETTE-SUPPLEMENT. F3BM Of HIS WUESTT KJHOJUm Y.-TMB YEAH EIEiMAI, EEPOET OF THE JOEF JUSTICE OF THE SUPREME COURT TO THE LEGISLATURE OF 1866. Letting horses without license Illegal Shipping- of Seamen- Keeping- Gambling House 3 ic. House without License. . . 1 on Sunday Lsrcenv -3 Lima tic committed Malicious Injury. . Z 2 ijurninp-. Obstructing Justice 2 T iSLES X5D HEFSESE5XAXTTES I la conformity to the law establishing the Judiciary Depart- I have the honor to submit to the Legislature a report m :ts administration, and business for the last "biennial period. I have taken the liberty to call your attention to some modi- fcnons in the laws "which more especially bear on the domes- relations and morality of the people, and also upon some fcer matters of a general character. SUPREME COURT. The following is a summary of the criminal cases tried in r Supreme Court during the years 1864 and 1865 : ularv and Larcenv. 1 - sault with dangerous weapon.-..- - i icas and Heedless UriTing l . - t-: u 1 i ir tii l ui u in n - - ...... - Tr 1 o 2 I 1 8 1 1 7 23 in n ipw mnpr rases, h noue vruaeuui liiia uceu cuieicu im jiur r 4 ii r 1 ill inn iii.iii.im. This is an improvement on the previous biennial period, not V in fKo nnmVior rf mspc Vmt in fhfi rruninahtv of the of- . ., - i r l v x X ' 4. . - I 1 1 i t-t v.- - 1 - rt, n nere nave oeeu lewer uivu tsiaca uiuui:ut tuau in iuc uic- 1 T 1 . ! xf A 1 1 . . r, it! J - i T. 1. 1 nv-mrv I vK.1 AtiH 1 5k" t-M y n Troro nrT-OTifaH tit Tr.frcn nirnroc Babnd Wife Cbtaplftisuit CotBpIftlnuit .12 4 -If 1 TV i? J 4 Jl O -am xeseruon auu .uuiiery o -age. 3 15 2 1 31 21 r fhirtv-fivA nnnlirjitinns fnr divnrnfi were denied. PermiS' t xj i - r the Tire?ent nerxod it Avill be observed that there were t A 1- il . 1 ?J xt 1 1 1 1 j j Ti !J a. xl x x--- o a oblisrations of the marnaee relation than formerlv. Two moral cocdinon ot the people is improving oy tne lioerai ;e Froibate CJourt entertained one hundred and eighty-five 3 ' .1 T - -i 1 1 r" r, , I t r j.1 ii re numerous hearings, Tvhere the estates were large and r. - .l. r -i j -ie business done by the Court in Admiralty and Jbquity is -V Ui liXL lltipUI Lnlllm LJ LUC dl UC3, cllilJ. XLl IxlSCa Ui O-U' following tables exhibit the crimes -and misdemeanors j. V flip rpnnri; fmm eimp nf -flip HnnrfE tnfl fno-Icf T-tifor f"U aud reliable, it is to be regretted that this cannot be 9i an oi them- inere was -a total jauure to make xeturns T T I - f I f- T -T :se Courte. The turns ifrpm the tOircuit iOonrfs ;and trip Cjmnt KnAtroc ranarallt oofiafijftrr police 4ur, jEontfulu. IS 64. 1865. 3 16 1 3 1 5 44 Oct after regulation bonrs. Receiving stolen goods 1 Smuggling Selling Spirits on Sunday 5 without .License a -Opimn " " 2 Goods " " Threatning personal violence.... 3 agrancy 3 lolannpr Dance House Act- Stallion Act House-hiring Act- Ecles Board of Health. Committals to trial Sup. Court. 3 1 2 9 2 5 1 4 11 1 7 6 3 o 3 5 10 1 1 52 1 5 18 1 1 70 1 7 Hoomanamana. Practicing physician contrary to law liascrvious conduct................... -. - - Indecent exposure 5 .. Common nuisance. i 3 1 1 5 2 1 .. 1 2 1 .". 2 1 22 12 18 33 o 9 5 1 615 109 724601 95 696 Total number of cases for the period 1,420. Circuit "Judge, Oahu. Adultery. Assault and batteryr Drunkenness Disturbing quiet of night I unous and heedless riding. Furnishing fntoxication drinks to natives.. . . Gambling Gambling house, keening Larceny Nuisance Selling goods- without license " Opium " " , Violating Rules Board of Health Sabbath. , 1864-'65. e w H 5 4 9 6 17 17147 218 District Courts, Maui. Drunkenness . 60 Larceny 17 Adultery and fornication . 38 Gaming. 2 Nuisance. 1 Assault and battery ; 51 violating Sabbath .Furnishing intoxicating dnnss to natives 2U Malicious injury 5 Embezzlement Affrav. 10 .. Breaking pound 3 . . Deserting husbands and wives b .. Deserting masters 15 .. Disturbing quiet of night 5 r unous riding..... 16 .. Gross cheat 2 -r Libidinous solicitations 1 Riot.: 3 3 Hula i 1 10 Yagranc3r 3 .. Housebreaking 2 Attempt at arson 2 .. Cruelty. to animals 2 ... Assault with deadly weapon.. T 2 Obstructing course of Justice 3 .. Forgery 1 o ... 1.-.2 ... 1 .. !' 3-.. 5 3 District' Courts of..0ahu. 1864. 1 2 30 16 46 1865. Adultery and Fornication. . . .. 12 Affray. '4 Assault and battery. 20 Blasphemy Cruelty to animals Drunkenness Deserting husband or wife Disturbing quiet of night.... 6 Furious and heedless riding. 1 Gambling. ... Gross cheat 1 House breaking Hula without license 2 Larceny Malicious injury 1 Manufacturing intoxicating drinks Nuisauce Perjury. : Robbery Rape Selling awa without license " goods " " Threatening language 2 Violation of Sabbath 4 10 3 1 1 1 1 1 3 7 2 1 2 1 2 2 q 4 q 4 o 3 10 1 I F 3 11 i5 i(S 33 .. 1 1 2 2 28 28 2 2 4 T2 " "i 3 .. 1 1 1 1 ..11 1 1 2 4 5 9 i 'i 3 ... 3 !! i i 3 .. 3 1 .. 1 2 2 8 .6 14 53 58 111 46 75 Circuit Court 2d Judicial-District Jfaui and Molohai. 121 1864-'65 1664-'65. 1 i L a o KAUAL Fnn Ckcmt Jaiee M Clerk Cktwt Cewrt - Dktrict Justice L&e - Xoteft " '- HaaaJei aad Aariboh. 82 29 56 2 1 84 o 29 10 o 10 3 6 15 5 13 2 1 6 11 3 o 2 2 o 3 1 At' - . 268 116 384 Circuit Court 3d' Judicial District, Hawaii. '.-iri " o . ''..' 'T .1 " 1864. 1865. o B 2 I Assault and battery 3 .. 3 .. Larceny of animals 1 .. 1 Common nuisance 1 . . 1 Adultery 2 13 1 Assault with intent to commit incest. .-. ; 1 Petty larceny. ; :.. 1 Bigamy ,." 1 Burglary -. .-.-.-:.;..'.. 3 7 1 8 7 .. 7 L. G. Judge, Waimea, Haicaii. Adultery Accessory to adultery..., Violating election law . . . , Malicious injury Larceny of animals Libidinous solictitations. , Accessory to larceny.. . . Gross cheat No. Cu lfl anj Uii. L.- CJJudgeFlfilofDaicdiu- Adultery. Illicit Cobabitatiou. o 1 1 3 2 1 1 1 51 Tto. Cue. IsM. IKi. O Circuit Court 4th Judicial District, Kauai. Perjury .1 Forgery. . . .- Arson . Hula without license . Selling liquor to Hawaiians " " without license. ............ .i Burglary 2 1 t I I I '& M & ? & t $ HP t t M $ $ 0 t M 25 so O Z 5 t Assaultand battery. - 1 Assault and battery with danirerous -"weapon -i 3 Burglary. ; 1 TnrnicMnrr irrrvifif tnrr drinlrc ir TTnrrniinnK 5 House breaking Larceny Larceny of animals 1 Perjury . 1 Selling spirits without license 1 q q 1 2 11 8 19 Local Circuit Judge, 23 Judicial District. Drunkenness..!. ...... 1 Larceny..... ............ ......... . ... ....... 4 3 Assault and battery................................. 5 2 Assault with deadly weapon .. 1 Adultery and fornication . . .... ....... 12 15 27 1 9 i a a i a a Gross cheat... ... ....... . .......... 1 Furnishing intoxicating drinks to natives .... 7 3 Selling intoxicating drinks Tvitliout license..-.. .... 1 1 Nnisance . . . :3 Suppression of offences . 1 Cruelty -to .anlmala. 1 Feloniously ibrauding- a "Vagrancy ,. "Z a Fxacticingras jilrcBldan-withonfcicertlficate.-.-.-.- a lAssanltjand ftatisry. Auuii-ery- JPplice fourt, njdkdiriiL. 13429 (63 -SB 11643 I Aiding 'dsfeerlerE ttotesaapa. jUjarjaaiyui ntnatR. jlDsseritigr fflsagt8' &zrxjve 'Gross -jiLeatfi 3)i eitrgjiig acen wathwzi, grinisdion. Aswuwiu ?&&&:&v& flratwlss. Il)jftisrticr3 SawincU-- $itittii'ng -yifettfafSc. sssgsrdasJfesfes .. i .3 6 Xr. C. Judge 4th Judicial District. Adultery 5 Affray 1 .. Assault . 1.2 1 Hula without license .- -. . 12 Larceny .v.-. - 4 .2 Deserting husband .". . 3 .. Violating Sabbath .-. j 1 . . Common nuisance : . 1 Illicit cohabitation J .-.: 6 Malicious injury. 1 Furious riding 1 -. . 1 Felonious branding. .. 2 r . if" - -ii ' i i? i ' " . 1 1 Selling awa without license. Gamine . Vagrancy. 1 18 17 I Eubjoin for your information the .amount of :fines and penal ties paid into the treasury- duringe'tperiodfof this report: OAHU. Trom Girctnt Snares j821933 Police Justice Honolulu - ...... f37,847 12 Clerk of Supreme Court ... Difitrict-Justice of "ErraanaTaianae.. " "Valalaa. .... M IKooknloa ... u " 3vno!anDoko.- Jniefiora)epartinent5)erTVI. dEarke. ' Collector GcnsraL. . (Clerks 'nf 1 t5rcnit 1 GonrtB , iB,0291 ... 340 11 -IC2J87 isoisa 3j7000 1552 US mo 312 MS 87 urn M mm 276 99 SIB 34 3S7 Ii Cekbit st Ebbok Tfe aaosst mtobcomit ertdKcd to tbk Accosat asd traaefered to SUap Aeeeot iMATSL fl iErnin (5mdt JncrE .. ' 3?iu3ce -Justice Tatoma. -s8154SC3 .njEL2107 HB J5 24 3 (6 i9' a Hi B S . 3j 3 S B in a a to nj S ? f a a i? a a a s f (GIerk(f5rnntConrt.. aJistrist Justice :of vWaiiriki; . JMafcsicao. Tnthlrai rTniiTrliciDgifc!; gitsTttpg-n.TFjsfke.. TiZf49 20f0 133 SO G333S4 G70S7 - -ES0 jx .c-rr arri!r- 11 i i hi itt Turn fqai tl iEhlSaBasE "7S23B - sTfrTT-BwfiE -msan -v iSSSaB - Jaarorm .i lgLg7-Sm! gjgsagJ&w in", Tiii lEaOm - I3B2S3SS ,871 3f 13 S5 W 336,390 13 By reference to these statistics it will be seen tbet dnmkan- nesa continues to be the more general offense, and it is the prime cause of many others. It is very seldom that aa aeeaalt and battery is committed, or any disturbance of the pabfe peace made, unless the parties are stimulated by mtozicatwg iquor. It is often estimated in other countries that seven- eighths of the crimes are caused hy it. It is for your wisdom to devise measures better to protect the people against this practice, which is so fatal to morals and life. In all questions submitted to tho Court there is great re sponsibility, but it is increased by those which involve the rights and interests of foreigners, inasmuch as they are not only of equal importance to the parties, but they often give rise to questions of delicacy to the Government- But it is a matter of congratulation that in all cases of alleged denial of justice, or of protests to the jurisdiction made through the diplomatic agents of foreign countries, there has not been a single instance of reclamation or of complaint after the case was fully submitted to the Government, which those diplomatic agents represented. I refer, of course, to the period during which I have presided over the Court, but I believe the remark will apply to many years before. I desire, especially, to call your attention to the existing statute which imposes restrictions upon the marriage of the guilty party to a divorce. Either of the Justices of the Su preme Court may grant permission to marry again in such cases, after three years have' expired from the date of the divorce, and upon proof that the party ho3. not committed fornication during that time. The provision of law of the different countries have been various in cases of this character. By the Roman Law, when the marriage was dissolved by di vorce, the wife wa3 bound to wait one year before entering into a new marriage. In, violating this prohibition, a woman incurred infamy, besides being subject to other penalties. In England, prior to 1858, a divorce a vincido viairimonii was not allowed, except by Act of Parliament, but it is now sanctioned by the Act of 20 and 21 Vict., which came into operation in that year. At that time a Court was established for the adju dication of this class of cases, which have been very numerous. After tho decree of divorce has become final, the parties aro at liberty to marry again, as if the previous marriago had been dissolved by death. By the Scottish law, after divorce both parties aro at liberty to marry again. There aro other countries which recognize the samo prin ciple and practice. In connection with this subject, tho present law of divorce will, as a matter of course, be considered. Tho more frequent cause for tho dissolution of tho marriago con tract, and a decree of divorce from the bonds of matrimony, is adultery. The penalty for this most heinous offonso varies very much in diiferent countries. Some impose fines, others imprisonment at hard labor for a torra cf years. To this latter mode of punishment, there is attached disgraco, which to many persons is more painful to endure even than tho penalty itself. It would perhaps bo judicious to vest a discretionary power with tho Courts to impose fine, or imprisonment, or both, accordiug to the aggravation of the ofTense. I would suggest that an act be passed rendering legitimate all children born out of wedlock, whenever the parents becomo married to each other. The effect of this would bo to secure to the children their legitimate right of parental protection, as well as of inheritance, and would remove, to some extent, the reproach of their original illegitimacy. By the Act to provide for tho appointment of Boundary Commissioners, all owners of Ahupuaas and Ilis. of land, which have not been awarded by tho Land Commissioners, patented or conveyed by deed from the King, by boundaries described in such award, patent, or deed, wero required within four years from the passage of tho Act, which will expire on the 23d dav of August next, to file with tho Commissioners of the district in which tho land is situated, an application to have the boundaries of said land decided, and certified to by tho Com missioners. The Act has not accomplished the important our poses for which it was designed so fully us was expected. Unsettled boundaries, as well as unsettled titles, are fruitful of lawsuits and while the witnesses are living who are con versant with tho ancient boundaries, it iB very important that the lines should be run and marked. For a more thorough and complete fulfillment of the original purpose of the Act, I would suggest that it be extended, mid that tho 1st Associate Justice of the Supremo Court he designated to perform tho dnttes imposed upon the Commissioners. From his experience on the Land Commission, as well as on the Bench of the Su ipreme Court, he is peculiarly fitted for this service. It is especially important that the attention or all landholders be jlirecied o ibis subject, and perhaps some -more strigent.pro visionanay be inserted in the Act for this purpose. By this ichange dn ilie law, rfar greater efficiency in its execution "would ibe prommed.iind mo . additional expense "to the owners need he unenrred. Iihave aheiassurance of "Mr. Jastico Robertson that idie wall aiesrlaliy amdertake tthis service, should it he the wish UdI mm ILezialznrr e. TOiie ssEcand volume of tthe Sswaikn Steporis hs been nKfiifoftrl, tfiar which am 'gnoirrwtiou 'wasSwAj &y "the hmi ITiTCwfemrxe. fit -will the xu prxsaX uvulae tin ?BMkMg crwri the an true Gnda,so:ferJ8s mierfiioBs rhve rinp90 r3HesugiiigiitaCT3xe tthe tCni. 3fccr Sfero Epss 3 urn mi 1 1 Ms TaVmprr awc SEwe.