USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume II > Part 38
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court, otherwise called the Constable's Court, wherein the constable, with five overseers had power to make necessary orders or by-laws "for the welfair and improvement of theire Towne, provided they be not of a criminal nature, nor repug- nant to the Duke's Laws, nor impose a penalty higher than 20s. for one offense." In civil suits, the Town Court had jurisdiction up to £5. Court of Sessions had jurisdiction up to £20.
In 1683, by the act of the Dongan Legislature. twelve county divisions were organized. They were: Albany, Corn- well, Dukes, Dutchess, Kings, New York, Orange, Queens, Richmond, Suffolk, Ulster and Westchester. The county of Cornwall consisted of the Pemaquid settlement in Maine, and Duke's County consisted of several islands on the coast of Massachusetts. These counties were included in the patent issued to the Duke of York by his brother King Charles II. The judicial code was altered to some extent. A Court of Oyer and Terminer, to go on circuit of the counties regularly, was established; a Court of Sessions was to be held by three justices of the peace in each of the twelve counties twice each year, excepting that in Albany three sessisons were to be held, and in New York City four sessions each year. In 1686 these two cities were granted a Court of Common Pleas. In 1691 the Supreme Court was erected, with the Court of Oyer and Terminer as its criminal branch ; and in each county a Court of Common Pleas was established with the Court of General Sessions of the Peace as its criminal branch. This system continued in operation without substantial change throughout the ten original counties during the colonial period. The two outlying counties, Duke's and Cornwall, were, however, detached at the time of the reorganization of the province in 1691, under William and Mary.
There was no further organization of counties until 1766, when Cumberland County was taken out of Albany. Glou- C.&L .- 56
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cester County was erected out of Albany County in 1770, and Charlotte in 1772, also out of Albany. New York State, how- ever, has lost both Cumberland and Gloucester counties to Vermont, which State also has taken part of Charlotte.
Tryon and Charlotte counties were erected on March 12, 1772. The names of both were changed by act of Legislature on April 2, 1784, becoming Montgomery and Washington counties respectively.
Organization and reorganization of counties came steadily under State government. Columbia County was erected out of Albany County on April 4, 1786; Clinton, taken from Washington, March 7, 1788; Ontario, taken from Washington, January 27, 1789; Rensselaer, out of Albany, on February 7, 1791 ; Saratoga from Albany, on February 7, 1791 ; Herkimer from Montgomery, on February 16, 1791 ; Otsego from Mont- gomery, on February 16, 1791; Tioga from Montgomery, on February 16, 1791 ; Onondaga from Herkimer, on March 6, 1794; Schoharie, taken from Albany and Otsego, April 6, 1795; Steuben, from Ontario, on March 18, 1796; Delaware from Ulster and Otsego, on March 10, 1797; Rockland from Orange, on February 23, 1798; Chenango from Tioga and Herkimer, on March 15, 1798; Oneida from Herkimer, on March 15, 1798; Essex from Clinton, on March 1, 1799; Ca- yuga from Onondaga, on March 8, 1799; Green from Albany and Ulster, on March 25, 1800; St. Lawrence from Clinton, on March 3, 1802, (parts of Montgomery, Herkimer and Oneida provisionally annexed-previous to March 6, 1801, Montgom- ery, Herkimer and Oneida counties extended to the St. Law- rence River) ; Genesee taken from Ontario County, on March 30, 1802; Seneca from Cayuga, on March 24, 1804; Jefferson from Oneida, on March 28, 1805; Lewis from Oneida on same date ; Madison from Chenango, on March 21, 1806 ; Broome from Tioga, on March 28, 1806; Allegany from Genesee, on April 7, 1806 ; Cattaraugus from Genesee, on March 11, 1808; Chau-
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tauqua (name changed from Chautauque by supervisors on October II, 1859,) county erected out of part of Genesee, on March II, 1808; Franklin, taken from Clinton, on March II, 1808; Niagara from Genesee, March II, 1808; Cortland from Onondaga, on April 8, 1808; Schenectady from Albany, on March 7, 1809; Sulivan from Ulster on March 27, 1809; Put- nam from Dutchess, on June 12, 1812; Warren from Wash- ington, on March 12, 1813; Oswego, taken from Oneida and Onondaga counties, on March 1, 1816; Hamilton from Mont- gomery, on April 12, 1816; Tompkins from Cayuga and Seneca, on April 7, 1817 ; Livingston, taken from Genesee and Ontario, on February 23, 1821; Monroe from Genesee and Ontario, on February 23, 1821; Erie from Niagara, on April 2, 1821; Yates, taken from Ontario, on February, 5, 1823 ; Wayne, taken from Ontario and Seneca, on April II, 1823; Orleans, taken from Genesee, on November 12, 1824; Che- mung from Tioga, on March 29, 1836; Fulton from Montgom- ery, on April 18, 1838; Wyoming, taken from Genesee, on May 14, 1841; Schuyler, erected from Chemung, Steuben and Tompkins counties, on April 17, 1859; Nassau, taken from Queens County, on January 1, 1899; and Bronx County, de- tached from New York County, on January 1, 1914. This the last and sixty-second county of New York State was created by Chapter 548, Laws of 1912. A portion of Westchester County was annexed to New York County in 1873, and an- other portion in 1895.
The Supreme Court was continued almost as under the Crown when the State took over control. The Provincial Convention of May 3, 1777, organized the court, and the reor- ganization was effected in 1778. The court of last resort was the Court for the Trial of Impeachments and the Correction of Errors. These have been described in other chapters. By the Constitution of 1821, Circuit Courts were established, the circuit judges taking over the circuit duties of the Su-
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preme Court justices. The circuit judge possessed the powers of a justice of the Supreme Court at Chambers and in the trial of issues joined in the Supreme Court; and in Courts of Oyer and Terminer and Jail Delivery. Eight circuits correspond- ing with the eight Senate districts were created, and two Cir- cuit Courts were to be held each year in every county, except New York, where the court met quarterly. Two of the judges of the county were associated with the circuit judge. In New York, and in Albany, Rensselaer, Columbia and Schenectady counties the mayor, recorder and aldermen, or any two of them might sit with the circuit judge. The Governor was empowered to issue special commissions of Oyer and Ter- miner, addressed to a Supreme Court justice or a circuit judge, if, in his opinion, necessary. The court had power, by a grand jury of the county, to inquire into all crimes and misde- meanors within the county, to try all indictments found by the Grand Jury and at the Court of General Sessions of the Peace which had come into the Oyer and Terminer, and to deliver the jails of the county, according to law, of all prisoners therein. All indictments found by the Grand Jury could be sent to the Oyer and Terminer for trial.
Civil cases in the counties were the forte of the Court of Common Pleas which was continued substantially as in the colonial system; and the Court of General Sessions of the Peace was its criminal branch. In the first decades of the State, the Common Pleas bench was reinforced by assistant justices, but in 1818 the office of assistant justice was abol- ished, and the number of judges of Common Pleas was lim- ited to five in each county, including the presiding judge, who was given the titular distinction of first judge. The Consti- tution of 1821 did not materially alter the Court of Common Pleas, but radical change in the county system took place in 1847, under the Constitution of 1846.
In 1847 the Court of Appeals displaced the Court for the
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Trial of Impeachments and the Correction of Errors, the office of circuit judge was abolished, the Supreme Court taking over the circuit system in each county. The Court of Common Pleas was abolished, except in New York, and a County Court was created. The Constitution of 1894 continued the Court of Appeals and the Supreme Court, abolishing the General Term of the latter and substituting an Appellate Division was formed, for four judicial departments. The city courts (Su- perior Court of New York City, the Court of Common Pleas of the city and county of New York, the Superior Court of Buffalo, and the City Court of Brooklyn) were abolished, ac- tions and proceedings then pending in said courts being trans- ferred to the Supreme Court. The judges of these city courts also became justices of the Supreme Court. Circuit Courts and Courts of Oyer and Terminer were also abolished, and their jurisdiction vested in the Supreme Court. The County Courts and Surrogates' Courts were continued, the counties being permitted to have one county judge for each 200,000 inhabitants, or major fraction thereof. In counties of less population than 40,000, the offices of county judge and surro- gate were combined, in most cases. For the local courts not of record the electors of several towns could elect justices of the peace. The inferior courts of the larger cities have been specially provided for in subsequent acts, which special legis- lation is referred to at length in the next chapter, reviewing the New York City judicial history.
In the lists of county judges shown in the footnotes of Judicial Districts chapters, no distinction has been made be- tween the first judges of the Common Pleas Court and the county judges, but this may be readily determined, by the year given after the name. All incumbents prior to 1847 were Common Pleas judges ; all elected later than 1846 were county judges. The single exception is New York City, where the Court of Common Pleas was permitted to function until 1895. The Constitution of 1846 associated with the county judge
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two justices of the peace, to be designated by law, to hold Courts of Sessions, with such criminal jurisdiction as the Legislature might prescribe; but the Constitution of 1894, as amended, abolished Courts of Sessions, except in the county of New York, the jurisdiction of those courts being vested in the county courts. New York County was given a City Court, as civil branch of the county court. Certain Courts of Special Sessions with jurisdiction of offenses of the grade of misdemeanors also function.
Prior to 1847, all judicial officers were appointed, but by the Constitution of 1846 the appointive system gave way to the elective. Judges of the Court of Appeals and Justices of the Supreme Court are elected for terms of fourteen years ; county judges and surrogates are elected for terms of six years ; justices of the peace for four years; district attorneys for three years.
Surrogates under the first Constitution were appointed for an unlimited period by the Council of Appointment, and an appeal lay from their decision to the judge of the Court of Probates of the State. Under the second Constitution they were appointed by Governor and Senate for terms of four years, appeals from their decision resting with the chancellor. The Constitution of 1846 abolished the office of surrogate, except in counties of 40,000, or more, inhabitants. In those political divisions, election of surrogates might be authorized by Legislature. Special surrogates are authorized in several counties ; terms are usually three years.
Until 1796 the attorney-general had no assistants, save in special instances. On February 12, 1796, the office of assist- ant attorney-general was created. The State was divided into seven districts, and one assistant attorney-general ap- pointed to each.1 The attorney-general had no appointed assistant in New York County.
I. Assistant Attorneys-General, Act of 1796:
First District, comprising Kings, Queens, Richmond, Suffolk, and West-
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By Act of April 4, 1801, the office of district attorney was created, and the State at first functioned for this purpose in the seven districts as before. Eventually, new districts were organized, during the existence of this system of regional district attorneyships, until the number had reached thirteen. The districts and district attorneys are shown at foot.2
By Act of April, 1818, each county was constituted a separate district, and a district attorney was appointed to each. Until 1847, district attorneys were appointed by the Court of General Sessions in each county, but under the Con- stitution of 1846 the office became elective.
ADMISSION TO THE BAR.
Prior to 1871, the power of admission to the bar was vested in the Supreme Court. Examinations were conducted either by the justices personally, or by such attorneys as the court might appoint. In some instances, the court would name three or more lawyers to constitute an examining committee,
chester counties : Nathaniel Lawrence, appointed February 16, 1796, and Cadwallader D. Colden on January 16, 1798.
Second District, comprising Dutchess, Orange, and Ulster counties : Jacob Radcliff, appointed February 23, 1796, and Coenrad E. Elmendorph on January 27, 1798.
Third District' comprising Columbia and Rensselaer counties : Ambrose Spencer, appointed February 23, 1776.
Fourth District, comprising Clinton and Washington counties : Anthony I. Blanchard, appointed March 12, 1976.
Fifth District, comprising Albany, Montgomery, Saratoga, and Scoharie counties : Abraham van Vechten, appointed February 16, 1796, and George Metcalfe on February 16, 1797.
Sixth District, comprising Onondaga, Ontario, Steuben, and Tioga counties : William Stuart, appointed March 31, 1796, and Nathaniel W. Howell on February 9, 1797.
Seventh District, comprising Herkimer and Otsego counties: Thomas R. Gold, appointed February 26, 1797.
2. District Attorneys, Act of 1801:
First District, comprising Kings, Queens, Richmond, Suffolk, Westches- ter counties until 1816, and New York until 1815: Richard Riker, appointed August 19, 1801; Cadwallader D. Colden on February 13, 1810; Richard Riker, February 19, 1811; Barent Gardenier, March 5, 1813; Thomas S. Lester, April 8, 1815.
Second District, comprising Dutchess, Rockland, and Ulster counties :
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and their report was invariably acted upon without question. No specified length of time for study of the law existed, nor was there a pre-legal requirement to make candidates eligible for admission to practice. In 1871, by Act of the Legislature, power of admission to the bar passed from the Supreme Court to the Court of Appeals, and that court was to establish rules and regulations to govern admission of attorneys and coun- sellors. The act restricted admission to male citizens of twenty- one years or more ; examination was to be by the Gen- eral Term justices of the Supreme Court, or by a committee of lawyers as before. Still, no standard of general education was required. The rules promulgated by the Court of Ap- peals provided, among other things, that no person should be admitted to an examination who was not of known good character, and had served a regular law clerkship of three years in the office of a practicing attorney. Attendance at law lectures would give the student reduction of time of clerk- ship; in fact, laws were passed providing that the diploma of
Coenraed E. Elmendorph, 1801; Smith Thompson, August 19, 1801; Lucas Elmendorph, October 28, 1801 ; Randall S. Street, February 9, 1810; Samuel Hawkins, 1811; Randall S. Street, March 19, 1813; George Bloom, Febru- ary 13, 1815.
Third District, comprising Columbia, Greene, and Rensselaer counties : Ebenezer Foot, August 13, 1801; Moses I. Cantine, March 5, 1805; John V. D. Scott, March 10, 1806; Moses I. Cantine, February 8, 1808; Thomas P. Grosvenor, April 3, 1810; Moses I. Cantine, February 15, 18II.
Fourth District, Clinton, Essex, Warren, Washington, and St. Law- rence counties, from 1802 to 1808, and these with Franklin, from 1808 to 1818: Anthony I. Blanchard, 1801; John Russell, April 8, 1803; John Sav- age, April 5, 1806; Roger Skinner, June 7, 1811; John Savage, August II, 1819; David Russell, March 23, 1813; Jesse L. Billings, February 13, 1815. Fifth District, comprising Albany, Montgomery, Saratoga, Scoharie, and Schenectady counties, from 1809: George Metcalfe, 1801; Daniel L. Van Antwerp, March 16, 1811; Daniel Cady, February 28, 1813; Samuel S. Lush, April 6, 1813; Richard M. Livingston, February 16, 1815.
Sixth District, comprising Chenango, Herkimer, Lewis, Oneida, Otsego, Madison, from 1806, also Jefferson, from 1805 to 1808; one of original dis- tricts : Nathan Williams, August 20, 1801; Joseph Kirkland, February 23, 1813; Thos. H. Hubbard, February 26, 1816.
Seventh District, comprising Cayuga, Onondaga, Ontario, Steuben, Tioga, and Alleghany county, from 1806; Broome, from 1806 to 1817;
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certain law schools was conclusive evidence of the right of the holder to be admitted to practice as an attorney and counsel- lor-at-law in all the courts of the State, Chapter 310, Laws of 1855, admitted graduates of law department of Hamilton Col- lege; Chapter 267, Laws of 1859, accords same privilege to graduates of law department of University of Albany, which became the Albany Law School; Chapter 187, Laws of 1860, referred to graduates of University of the City of New York; and Chapter 202, Laws of 1860, extends the right to Columbia College. This law was challenged, in the matter of Cooper, 22 New York, 67, but was held to be constitutional. The sys- tem was not satisfactory, however, for the course at some schools was two years, but in others only one year. In 1882 the Court of Appeals altered the rules, requiring of candidates a more general pre-legal education, the regents of the Univer- sity of the State of New York being the body to determine such standard.
In 1894, owing to the lack of uniformity and the laxity and
Seneca, from 1804 to 1813; Genesee, from 1802 to 1813; Chautauqua and Niagara, from 1808 to 1813; Cattaraugus, from 1808; one of original dis- tricts : William Stuart, March 2, 1802; Daniel W. Lewis, March 9, 1810; William Stuart, February 12, 1811; Vincent Matthews, March 12, 1813; Daniel Cruger, April 17, 1815.
Eighth District, formed March 18, 1808, of Jefferson, Lewis, and St. Lawrence counties : Samuel Whittlesey, April 6, 1808; Amos Benedict, February 9, 1810; Samuel Whittlesey, February 12, 1811; Amos Benedict, March 3, 1813; Ela Collins, March 15, 1815.
Ninth District, formed March 29, 1809, of Cayuga, Chenango, Madison, Onondaga, and Cortland counties, until 1817: Nathaniel King, March 30, 1809; Daniel Kellogg, February 30, 1809; Joseph L. Richardson, April 17, 1815.
Tenth District, formed March 12, 1813, of Chautauqua, Genesee, Niag- ara, Ontario, and Seneca counties : Polydorus B. Wisner, March 12, 1813; John C. Spencer, February 13, 1815.
Eleventh District, formed March 12, 1813, of Putnam, Rockland, and Westchester counties: Alexander McDonald, March 19, 1813; William Nelson, July 10, 1815.
Twelfth District, comprising New York County, formed March 24, 1815: John Rodman, March 31, 1815; Hugh Maxwell, January 28, 1817.
Thirteenth District, formed April 15, 1817, of Broome, Cortland, Seneca, and Tompkins counties : David Woodcock, appointed on April 15, 1817.
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indifference of some of the examining committees, the Legisla- ture established a State Board of Law Examiners, composed of three lawyers, to be appointed by the Court of Appeals. This board since January 1, 1895, has been responsible for ad- missions. New rules went into effect on July 1, 19II. The pre-legal requirements were made more exacting. The stu- dent was required to pass a sixty-count regents' examination instead of a forty-count as formerly. Three years of legal study was required of college graduates, and four years of a non-graduate. Those who were already attorneys of other States, and applied for admission to practice in New York, must have practiced for at least five years in such other State to be admitted in New York State. Until 1886 females were not eligible, but by Chapter 425 of the Laws of 1886 women who could qualify were to be admitted.
CHAPTER XLI. FIRST JUDICIAL DISTRICT.
The first Judicial District embraces the counties of New York and Bronx. It is not necessary here to go into details as to the functioning of the Supreme Court during provincial days in what is now the First Judicial District. As to its bear- ing to the courts of New York City reference will be made a little later in this chapter. In the first decades of State gov- ernment, the Supreme Court centered in New York City-a little overworked body of three justices. From 1823 to 1847, circuit judges took some of the prestige away from the small centralized bench of the Supreme Court, and also all of its itinerant labors. The State was divided into eight judicial circuits, of which New York City and county formed the first. The circuit judges of the First Circuit from 1823 to 1847 were : Ogden Edwards, appointed April 21, 1823; William Kent, August 17, 1841, John W. Edmonds, February 18, 1845.
In 1847 an enlarged Supreme Court again took over circuit duties. The system is explained in Chapter XLVIII. In that chapter also will be found the history of the General Terms and Appellate Divisions of the Supreme Court for the First and other Judicial Departments. So, it will suffice to give here the roster1 of justices of the Supreme Court for the First Judi- cial District from 1847.
FIRST JUDICIAL DISTRICT.
I. Justices of the Supreme Court-Samuel Jones, Elisha P. Hurlbut, John W. Edmonds, Henry P. Edwards, elected June 7, 1847, and took office July 1, 1847; William Mitchell, 1849; James G. Kings, Jr., 1851; James J. Roosevelt, 1851; Robert H. Morris, 1852; Thomas W. Clerke, 1853; Edward P. Cowles, 1855; Henry E. Davies, 1855; James R. Whiting, 1855; Charles A. Peabody, 1855; Daniel P. Ingraham, 1857; Josiah Sutherland, 1857; William H. Leonard, 1859; Benjamin W. Bonney, 1860; George G. Barnard, 1860; William W. Clerke, 1861; Josiah Sutherland, 1863; Daniel P. Ingraham, 1865; Albert Cardozo, 1867; George G. Barnard, 1868; John R. Brady, 1869; George C. Barrett, 1871; William H. Leonard, 1872; Enoch L. Fancher, 1872; Noah Davis, 1872; Abraham R. Lawrence, 1873;
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Bronx County, of course, was part of New York County until January 1, 1914. Therefore, the following sketch of the courts of New York City and county from 1653 to 1924 may be taken to embrace the judicial history of the Bronx also. Its separate entity during the last decade will, however, receive notice in proper place in this chapter.
NEW YORK-CITY AND COUNTY.
When New Amsterdam, in 1653, was given corporate powers, the burgomasters were, at the outset, the presiding magis- trates of municipal courts, though after 1660 the schout pre- sided, excepting when prosecuting a case. At such times, one of the burgomasters presided. The burgomasters of New Amsterdam are named at foot.2
Under the Nicolls administration, the New York City Court was reorganized, the Schepens' Court of New Ams- terdam becoming the Mayors' Court of New York City in 1665. The mayor and aldermen had judicial powers in the municipal
Charles Donohue, 1873; John R. Brady, 1877; George P. Andrews, 1883; Chas. H. van Brunt, 1883; George C. Barrett, 1885; Edward Patterson, 1886; Morgan J. O'Brien, 1887; Abraham R. Lawrence, 1887; George L. Ingraham, 1891; Charles H. Truax, 1895; Frederick Smyth, 1895; Charles F. MacLean, 1895. On January 1, 1896, the courts were reorganized, and by it the following members of the Superior Court bench became Justices of the Supreme Court: John Sedgwick, P. Henry Dugro, John J. Freedman, David McAdam, Henry A. Gildersleeve, Henry R. Beekman. At the same time also, for the same reason, the member of the Court of Common Pleas bench of the City of New York also joined the Supreme Court. They were : Joseph F. Daly, Henry W. Bookstaver, Henry Bischoff, Jr., Roger A. Pryor, Leonard A. Giegerich, Miles Beach. The other justices of the Supreme Court, since 1897, were : William N. Cohen, Charles H. van Brunt, and Francis M. Scott. The subsequent changes are: James Fitzgerald, 1898; George P. Andrews, 1898; David Leventritt, 1898; George C. Barrett, 1899; James A. O'Gorman, James A. Blanchard, 1900; Edward Patterson, 1900; Philip Henry Dugro, 1900; John Proctor Clarke, 1900; Morgan J. O'Brien, 1901 ; Samuel Greenbaum, 1901; Alfred Steckler, 1901; Ernest Hall, 1902; Wil- liam A. Keener, 1902; Edward E. McCall, 1902; Edward B. Amend, 1902; Vernon M. Davis, 1902; Henry Bischoff, 1903; Victor J. Dowling, 1904; Mortimer A. Addams, 1905; George L. Ingraham, 1905; Henry A. Gilder- sleeve, 1905; Joseph A. Newburger, 1905; Edward S. Clinch, 1905; Mat- thew Linn Bruce, 1906; Leonard A. Giegerich, 1906; John W. Goff, 1906; Samuel Seabury, 1906; M. Warley Platzek, 1906; Peter A. Hendrick, 1906;
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