F3BM Of HIS WUESTT KJHOJUm Y.-TMB YEAH
JOEF JUSTICE OF THE SUPREME COURT
LEGISLATURE OF 1866.
Letting horses without license
Illegal Shipping- of Seamen-
Keeping- Gambling House 3
ic. House without License. . . 1
Lima tic committed
Malicious Injury. . Z 2
Obstructing Justice 2
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.
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.-..- -
icas and Heedless UriTing l . -
t-: u 1
i ir tii l ui u in n - - ...... -
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
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
-If 1 TV i? J 4 Jl O
-am xeseruon auu .uuiiery o
r fhirtv-fivA nnnlirjitinns fnr divnrnfi were denied. PermiS'
t xj i - r
the Tire?ent nerxod it Avill be observed that there were
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
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.
Oct after regulation bonrs.
Receiving stolen goods 1
Selling Spirits on Sunday 5
without .License a
-Opimn " " 2
Goods " "
Threatning personal violence.... 3
lolannpr Dance House Act-
Ecles Board of Health.
Committals to trial Sup. Court.
Practicing physician contrary to law
liascrvious conduct................... -. - -
Indecent exposure 5 ..
Common nuisance. i
615 109 724601 95 696
Total number of cases for the period 1,420.
Circuit "Judge, Oahu.
Assault and batteryr
Disturbing quiet of night
I unous and heedless riding.
Furnishing fntoxication drinks to natives.. . .
Gambling house, keening
Selling goods- without license
" Opium " " ,
Violating Rules Board of Health
e w H
5 4 9
District Courts, Maui.
Drunkenness . 60
Adultery and fornication . 38
Assault and battery ; 51
.Furnishing intoxicating dnnss to natives 2U
Malicious injury 5
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 ..
Attempt at arson 2 ..
Cruelty. to animals 2 ...
Assault with deadly weapon.. T 2
Obstructing course of Justice 3 ..
District' Courts of..0ahu.
30 16 46
Adultery and Fornication. . . .. 12
Assault and battery. 20
Cruelty to animals
Deserting husband or wife
Disturbing quiet of night.... 6
Furious and heedless riding. 1
Gross cheat 1
Hula without license 2
Malicious injury 1
Manufacturing intoxicating drinks
Selling awa without license
" goods " "
Threatening language 2
Violation of Sabbath 4
1 I F
i5 i(S 33
.. 1 1
2 2 4
T2 " "i 3
.. 1 1
1 1 2
4 5 9
3 ... 3
!! i i
3 .. 3
1 .. 1
8 .6 14
53 58 111 46 75
Circuit Court 2d Judicial-District Jfaui and Molohai.
Fnn Ckcmt Jaiee
M Clerk Cktwt Cewrt
- Dktrict Justice L&e
" '- HaaaJei aad Aariboh.
- . 268 116 384
Circuit Court 3d' Judicial District, Hawaii.
'.-iri " o . ''..' 'T .1 " 1864. 1865.
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.
Accessory to adultery...,
Violating election law . . . ,
Larceny of animals
Libidinous solictitations. ,
Accessory to larceny.. . .
lfl anj Uii.
Circuit Court 4th Judicial District, Kauai.
Forgery. . . .-
Hula without license .
Selling liquor to Hawaiians
" " without license. ............ .i
I I I
Assaultand battery. - 1
Assault and battery with danirerous -"weapon -i 3
Burglary. ; 1
TnrnicMnrr irrrvifif tnrr drinlrc ir TTnrrniinnK 5
Larceny of animals 1
Perjury . 1
Selling spirits without license 1
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
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
JPplice fourt, njdkdiriiL.
I Aiding 'dsfeerlerE ttotesaapa.
jlDsseritigr fflsagt8' &zrxjve
3)i eitrgjiig acen wathwzi, grinisdion.
Aswuwiu ?&&&:&v& flratwlss.
.. i .3 6
Xr. C. Judge 4th Judicial District.
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 ' " .
Selling awa without license.
I Eubjoin for your information the .amount of :fines and penal
ties paid into the treasury- duringe'tperiodfof this report:
Trom Girctnt Snares j821933
Police Justice Honolulu - ...... f37,847 12
Clerk of Supreme Court ...
Difitrict-Justice of "ErraanaTaianae..
" "Valalaa. ....
M IKooknloa ...
u " 3vno!anDoko.-
' Collector GcnsraL. .
(Clerks 'nf 1 t5rcnit 1 GonrtB
... 340 11
Cekbit st Ebbok Tfe aaosst mtobcomit ertdKcd to
tbk Accosat asd traaefered to SUap Aeeeot
fl iErnin (5mdt JncrE ..
' 3?iu3ce -Justice Tatoma.
HB J5 24
3 (6 i9'
3 S B
aJistrist Justice :of vWaiiriki; .
jx .c-rr arri!r- 11
i i hi itt Turn fqai tl
- sTfrTT-BwfiE -msan
- Jaarorm .i lgLg7-Sm!
gjgsagJ&w in", Tiii lEaOm
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.
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