Polynesian., 1854-05-13
'otals 3,l73 3,043 leg

Of the civil cases tried and decided in the sew
eral Courts of the Kingdom, during the year be-
ginning January l, and ending December 3l, 1858,
can make no satisfactory report, not having been
furnished with the necessary data l WoRld re-
mark however that litigation IN civil matters, trla
BILE by iuries in the Supreme Courts, has consider
ably diminished, especially on the island of Oahu,
during the last year while that class OF eases not
generally tried by Jury, but heard and decided by
the Judges at Chambers, such as Probate and Dl-
vorce cases, has greatly increased. The Probate
business has been fearfuly swelled by the ravages
of the small pox, and the increase IN divorce cases
is probably owing 10 the new act OF last session,
extending the grounds of divorce. This increase,
however, is no evidence against the new act relat-
ing to divorces for far my observation gOes,
it has worked well. These cases are the accumu-
lation of years. and the present flood will soon pass
away.
All the applications for divorces during the year
1853, have been heard by me, either at my Chan
bers in Honolulu, other islands, and reach ths
high figure of 364. OF this NUMBER l2l wers
made on the ground of willfu desertion, ia on the
ground of Adultery and 80 on various other grounds
too trivial to mention. In 81 Of these cases have
granted divorces, and in the remaining 3S3 denied
the prayer of the petitioners, without costs to eth
er party Much Of this business has been neces-
sarily done by me in an informal manner, and IN a
majority of the cases. where both parties came be
fore me with summons, have considered the eyI-
dence and statements of parties TOO triffhg to be
worthy of permanent record. Indeed no satisiae-
tory record Of great part OF such business could
be kept without the additional help OF many
clerks As it is, the Clerk Of the supreme COurt
though working early and late, is taxed beyond
his powers in the duties of his Ohee; and IN this
connection allow me to ask that you will make an
appropriation 81 200 per annum, for an addition
al clerk,
It will be observed that drunkenness, fornlca-
ton and adultery still hold the lead OF all other
offences under the Penal Code, and together make
more than half the whole number OF convictions IN
the group. These offences, so intimately connect
ed with the morals of this nation, form most DELI
cate and difficult subject for legislation and one IN
which both extremes should be carefully avoided,
confess myself devoid of the requisite sagacty 10
discover anv practical and efficient remedy for these
two giant evils.
II is worthy of particular note, that the number
of convictions for drunkenness in Lahalna, where
it is contrary to law to sell spurious liquors at re-
tail is 4I2 which is only 100 less than the conylc-
tions for Honolulu, where some dozen shops aye Ii
eensed to sell it by the glass bottle This shows
quite eonclusivey, that there is strong undercur-
rent Of illegal traffic in the retail of spirits at La
haina which defes the detection of the Police
and in NV opinion, it would be wisdom to prohibit
the sale of liquors at Lahana altogether, else IL
cense its sale by retail. Nothing can be worse IN
its effect on the public mind, especially the native,
than this secret and vet notorious and defiant
infraetion of the laws. When law is treated with
contempt. and becomes dead it should be removed,
and its place if possible, supplied by "a better.
On the subject of Adultery and Fornication,
would fain keep silence; but my sense of duty
.In my repor year. convictions for reevins Sto
Goods were put dow as > and those Tor Aos nS m % Ss
above number