USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume II > Part 39
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FIRST DISTRICT-N. Y. CITY AND COUNTY 893
courts; and in 1683, with the establishment of the Recorder's Court, the mayor shared with the recorder the judicial dig- nity. The courts have been described in an earlier volume, but the mayors, who were dignataries of pronounced judicial importance in provincial days, have not all been named. List is at foot.3
During the provinicial period, the principal courts of the province, or colony, were seated in New York City. The Court of Assizes, under the Duke's Laws, had an annual session in New York City. Courts of Sessions were held oftener in the counties, or ridings, of Yorkshire, and in the dependencies where English courts had been established. In 1683 the Don- gan Act erected a Court of Oyer and Terminer, which went on a regular circuit of the counties, the circuit judge being assisted by four justices of the peace of each county. In New York City the mayor, recorder and aldermen were associated with the circuit judge. In 1691 the Court of Oyer and Ter-
John Ford, 1906; Charles W. Dayton, 1906; John J. Brady, 1906; Mitchell L. Erlanger, 1906; Charles L. Guy, 1906; James W. Gerard, 1907; Mat- thew Linn Bruce, 1908; Irving Lehman, 1908; Edward B. Whitney, 1909; Nathan Bijur, 1909; Edward J. Gavegan, 1909; Alfred Page, 1909; John J. Delany, 1910; Francis Key Pendleton, 1910; Francis M. Scott, 1911; Daniel F. Cohalan, 1911; Henry D. Hotchkiss, 1911; Edward G. Whitaker, 1912; Thomas F. Donnelly, 1912; Eugene A. Philbin, 1913; Benjamin N. Cardoza, 1913; John Proctor Clarke, 1915; Samuel Greenbaum, 1915; Bartow S. Weeks, 1915; Francis B. Delehanty, 1915; Samuel Greenbaum, 1915; Clarence J. Shearn, 1915; Edward R. Finch, 1915; John M. Tierney, 1915; Vernon M. Davis, 1916; George V. Mullan, 1916; Richard H. Mit- chell, 1916; Samuel H. Ordway, 1916; John V. McAvoy, 1917; Nathan Ottinger, 1917; Robert L. Luce, appointed 1918 to succeed Clarence J. Shearn, resigned; Victor J. Dowling, 1918; Robert F. Wagner, 1918; Rich- ard C. Lyon, 1918; Joseph E. Newburger, 1919; Edward J. McGoldrick, 1919; W. P. Burr, 1919; Phillip J. McCook, 1919; M. Warley Platzek, 1920; Leonard A. Giegerich, 1920; Charles L. Guy, 1920; William P. Burr, 1920; Mitchell L. Erlanger, 1920; John Ford, 1920; Francis Martin, 1920; James O'Malley, 1920; Isadore Wasservogel, 1920; Major Robert McCurdy, March, 1921; Edward J. McGoldrick, 1921; Joseph M. Proskauer, appointed June, 1923, vice Alfred R. Page, resigned; Jeremiah T. Mahoney, 1922; William Harman Black, 1922; Irving Lehman, 1922; Edward J. McGold- rick, 1922; Thomas C. T. Crain, appointed January, 1924, vice Irving Leh- man, resigned; Thomas W. Churchill, appointed January, 1924, vice Daniel F. Cohalan, resigned; Nathan Bijur, 1923; Edward J. Gavegan, 1923;
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miner gave way to the Supreme Court then erected, or, rather, became the criminal circuit of the new court. But in arrange- ments made for judicial districts, New York City was gener- ally excepted, provision being made for the mayor, aldermen and recorder to sit as puisne judges in the local Circuit Court, with the circuit judge presiding.
COURT OF COMMON PLEAS.
Under the Constitution of 1846, a County Court was estab- lished in each county, except New York, where the historic Court of Common Pleas was permitted to continue, with the General Sessions. The Court of Common Pleas began its exist- ence in 1686, when under the new Dongan charters New York and Albany were authorized to hold a court of that name. As a matter of fact, the Court of Common Pleas in these cities were but continuation of the Mayor's Court. After the year 1688, the criminal branch of the Court of Common Pleas was known as the Court of Sessions. In 1691 Courts of Common Pleas were
Joseph M. Proskauer, 1923; Jeremiah T. Mahoney, 1923; Salvatore A. Cotillo, 1923; Peter A. Hatting, 1923; Charles D. Donohue, 1923; Phoenix Ingraham, 1923; Edward J. Glennon, 1923; Aaron J. Levy, 1923; John L. Walsh, appointed December 3, 1924, vice Donnelly, deceased; Thomas C. T. Crain, Thomas W. Churchill, and Louis D. Gibbs, elected 1924.
2. Burgomasters of New Amsterdam (1653-1674)-Arent van Hattem and Martin Cregier in 1653; Arent van Hattem and Martin Cregier for 1654, Allard Anthony taking the place of van Hattam for the latter part of the year; Allard Anthony and Oloff Stevensen van Cortlandt in 1656; Allard Anthony and Paulus Leendertsen van der Grist in 1657; P. L. van der Grist and O. S. van Cortlandt in 1658; the last-named and Martin Cregier in 1659; Martin Cregier in 1660; Allard Anthony and O. S. van Cortlandt in 1660; Allard Anthony and P. L. van der Grist in 1661; P. L. van der Grist and O. S. van Cortlandt in 1662; O. S. van Cortlandt in 1663; Martin Cregier and P. L. van der Grist in 1663; the last-named and Corne- lius Steenwyck in 1664, in which year New Amsterdam was surrendered to the British. In 1673, when again under the Dutch, there were three burgo- masters, Johannes van Brugh, Johannes de Peyster, Egidius Luyck; and by regular election in the next year, Johannes van Brugh and William Beeckman became burgomasters, the last New York was destined to have.
3. Mayors of New York City (1665-1776)-Captain Thomas Willett, 1665; Thomas De Lavall, 1666; Thomas Willett, 1667; Cornelius Steen- wyck, 1668; Thomas De Lavall, 1671; Matthias Nicolls, 1672; John Law- rence, 1673; William Dervall, 1675; Nicholas de Meyer, 1676; Stephanus
FIRST DISTRICT-N. Y. CITY AND COUNTY 895
created for each county. In 1699, Governor Bellomont renewed these courts, by ordinance. But, although the county courts from that time took the name of Common Pleas, the court of New York City and county held jealously to its more dis- tinctive name; and as the Mayor's Court it continued until well into the nineteenth century. The recorder, in the first years of that office, would have place at the right hand of the mayor, who was the presiding magistrate; later, the mayor and recorder alternately presided over the court; but when Marturin Livingston was recorder (1804-06, 1807-08), Mayor DeWitt Clinton ceased to preside over the Mayor's Court. From that time until 1821, the recorder was the presiding mag- istrate. By an act of 1821, however, the name of the New York City tribunal was changed from "Mayor's Court" to "The Court of Common Pleas for the City and County of New York." The office of first judge was then created, the incumbent being authorized to conduct the court without the mayor, recorder and aldermen, although these municipal officials might sit as formerly, if they chose. Therefore, it is proper to list herein4 the mayors of New York City, under State government, from the Revolution to 1821, for they were closely identified with the functioning of the courts until that time.
van Cortlandt, 1677; Thomas De Lavall, 1678; Francis Romboult, 1679; William Dyer, 1680; Cornelius Steenwyck, 1682; Gabriel Minvielle, 1684; Nicholas Bayard, 1685; Stephanus van Cortlandt, 1686; Peter de Lancey, 1688; John Lawrence, 1691; Abraham de Peyster, 1691; Charles Lodowick, 1694; William Merritt, 1695; Johannes de Peyster, 1698; David Provoost, 1699; Isaac de Riemer, 1700; Thomas Noole, 1701; Philip B. French, 1702; William Peartree, 1703; Ebenezer Willson, 1707; Jacobus van Cortlandt, 1710; Caleb Heathcote, 1711; John Johnston, 1714; Jacobus van Cortlandt, 1719; Robert Walter, 1720; Johannes Jansen, 1725; Robert Lurting, 1726; Paul Richard, 1735; John Cruger, 1739; Stephen Bayard, 1744; Edward Holland, 1747; John Cruger, 1757; Whitehead Hicks, 1766; David Mat- thews, appointed February 14, 1776, by the crown government.
4. Mayors of New York City (1784-1821)-James Duane, 1784; Rich- ard Varick, 1789; Edward Livingston, 1801; DeWitt Clinton, 1803; Mari- nus Willett, 1807; DeWitt Clinton, 1808; Jacob Radcliff, 1810; DeWitt Clinton, 1811; John Ferguson, 1815; Jacob Radcliff, vice Ferguson, resigned, Cadwallader D. Colden, 1817; Stephen Allen, 1821.
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After 1821, neither the mayor, the recorder,5 nor the alder- men of New York City availed themselves of their privilege to sit on the bench of the Court of Common Pleas, except when all the judges were convened in a County Court. Thus organ- ized, consisting of the first judge, the mayor, the recorder and all the aldermen, this court was occasionally convened for the impeachment and trial of those who were recreant in their duties to the municipal government. On all such occasions, the first judge would be the presiding officer. This branch of the court was abolished in 1826. In 1834 an associate judge was appointed, with all the powers of the first judge. In 1838 the court consisted of a first judge and two associate judges, and as such continued until 1846. Thereafter the judgeships were elective. In 1848 the judges of the Court of Common Pleas were elected for terms of two, four and six years. The Court of Common Pleas had unlimited jurisdiction in law and equity, excepting in charges against non-residents of the city.
In 1895 the Court of Common Pleas was abolished, after an existence of "almost two hundred and fifty years." By the
5. The Recorders of New York City Have Been-James Graham, 1683-88; William Pinhorne, 1691-93; James Graham, 1693-1701; Abraham Gouverneur, 1701-03; Sampson Shelton Broughton, 1703-05; John Tudor, 1705-09; May Bickley, 1709-12; David Jamieson, 1712-25; Francis Harri- son, 1725-35; David Horsmanden, 1735-37; Simeon Johnson, 1737-69; Thomas Jones, 1769-73; Robert R. Livingston, 1773-74; John Watts, Jr., 1774; Richard Varick, 1783-88; Samuel Jones, 1789-96; James Kent, 1796-98; Richard Harrison, 1798-1800; John P. Provost, 1800-04; Mar- turin Livingston, 1804-06; Pierre C. Van Wyck, 1806-07; Marturin Living- ston, 1807-08; Pierre C. Van Wyck, 1811-13; Josiah Ogden Hoffman, 1813-15; Richard Riker, 1815-23; Samuel Jones, 1823-24; Richard Riker, 1824-38; Robert H. Morris, 1838-41; Frederick A. Tallmadge, 1841-46; John B. Scott, 1846-49; Frederick A. Tallmadge, 1849-52; Francis R. Tillou, 1852-55; James M. Smith, Jr., 1855-58; George G. Barnard, 1858-61 ; John T. Hoffman, 1861-66; John K. Hackett, 1866-79; Frederick Smythe, 1880-94; John W. Goff, 1894-1906.
John W. Goff, the last Recorder of New York, was elected a Justice of the Supreme Court in 1906. As to James Graham, the first Recorder, it is of interest to quote here what Chief Justice Daly said of him in his review of the history of the Court of Common Pleas. It is as follows :
.... in 1683 the corporation of the city sent a petition to Gov. Don- gan for certain municipal changes, among the rest that a Recorder might be
FIRST DISTRICT-N. Y. CITY AND COUNTY 897
Constitution of 1894, the Superior Courts of New York and Buffalo, the Court of Common Pleas of the city and county of New York, and the City Court of Brooklyn were vested in the Supreme Court, the change becoming effective January 1, 1896, when the judges became justices of the Supreme Court.
The history of the Court of Common Pleas of the city and county of New York is given in amplitude in a work of that title, compiled in 1896 by James Wilton Brooks, of the New York bar. From it, some of the information here given has been culled. At the time of the reorganization of the Mayor's Court under its new name, the Governor appointed John T. Irving to it, as first judge. In 1834 an associate judge was provided, and was vested with all the powers of the first judge. Michael Ulshoeffer, who received the appointment, had been corporation counsel and city attorney. In 1838 Judge Ulshoef- fer succeeded Irving as first judge, by the death of the latter. He held the office until 1848, then resigning. Daniel P. Ingra- ham, father of George L. Ingraham, who later was an eminent Supreme Court justice, became associate judge, in 1838, when
appointed to assist the Mayor in the Mayor's Court, which the Governor granted, and appointed James Graham. ... He was a Scotchman, who came to the Colony in 1678, and Mrs. Lamb, in her 'History of New York,' says of him that 'he was the second son of the Marquis of Montrose'; that 'he was endowed with brilliant intellectual qualities, was witty, chivalrous, communicative; overflowed with anecdote; that he was a lawyer who had already attained distinction at the bar, and a man of great dignity; of fine presence, and a master of rhetoric, who, in his tastes, habits and methods of thought, was a fair type of the ancient nobility of Great Britain.'
"This is a fine picture of an attractive and very accomplished man; but not one word of it is true. The Marquis of Montrose had no second son, and Lord Bellomont, who was then Governor of the Province, in one of his letters to the Board in London . ... says that Graham was bred to a trade, and neither to learning nor to law, which he gives as the reason for his incompetency in the two offices which he held, of Attorney-General and Recorder. He never attained any distinction whatever at the bar. . . . Parmentier, who was an educated and well-read lawyer, ridiculed Graham for his ignorance of the law . . . . finally .... Lord Bellomont removed him from the office of Attorney-General and Recorder because he was incompetent and corrupt."-See Brooks' "History of the Court of Common Pleas of New York," pp. 196-197.
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Ulshoeffer was advanced. William Inglis was added to the bench in 1839; and, notwithstanding the growth of the city, the bench continued to consist of three judges until 1870, when, by the provisions of the Constitution of 1869, three additional judges were appointed. In 1844 Charles P. Daly, then only twenty-seven years old, took the place of Judge Inglis. He then began what was destined to be a very long association with that court. From 1847 all judges had to come under the elective system, and stand for reelection at stated periods, though there was no material change in the court by this change of status. All then in office by appointment were elected; but in 1849, Lewis B. Woodruff took the place of Judge Ulshoeffer. In 1850 Ingraham became first judge. Dur- ing the period from 1821 to 1895, when the Court of Common Pleas was abolished, and its judges became justices of the Supreme Court, it had had only four first judges, and three chief justices. Altogether twenty-three judges served on that bench. The list is at foot.6 Judge Charles P. Daly served for forty-one years; he wrote a history of the Court of Common Pleas, and, of course, was well able to do so. Joseph F. Daly served for twenty-five years; Daniel P. Ingraham and Richard L. Larremore for twenty years each; Judge Irving for seven- teen years; Judge Michael Ulshoeffer for sixteen years; Miles
6. Court of Common Pleas of City and County of New York-The judges of this court from 1821, when it succeeded the Mayor's Court (estab- lished in 1665 to succeed the Court of Schout, Burgomasters and Schepens, which was erected in 1653), were: First judges: John T. Irving, 1821-38; Michael Ulshoeffer, 1838-49; Daniel P. Ingraham, 1853-58; Charles P. Daly, 1858-71. Chief judges: Charles P. Daly, 1871-85; Richard L. Lar- remore, 1885-90; Joseph F. Daly, 1890-95. Associate judges: Michael Ulshoeffer, 1834-38; Daniel P. Ingraham, 1838-53; William Inglis, 1839-44; Charles P. Daly, 1844-58; Lewis B. Woodruff, 1850-56; John R. Brady, 1856-69; Henry Hilton, 1858-63; Albert Cardozo, 1863-68; Hooper C. Van Vorst, 1867-88; George C. Barrett, 1868-69; Frederick W. Loew, 1869-75; Charles H. Van Brunt, 1870-84; Hamilton W. Robinson, 1870-09; Richard L. Larremort, 1870-85; Joseph F. Daly, 1870-90; George M. Van Hoesen, 1876-90; Miles Beach, 1879-95; Henry Wilder Allen, 1884-91 ; Henry W. Bookstaver, 1885-95; Henry Bischoff, 1890-95; Roger A. Pryor, 1890-95; Leonard A. Giegerich, 1891-95.
FIRST DISTRICT-N. Y. CITY AND COUNTY 899
Beach for as long, later serving also on the Supreme Court; Charles H. van Brunt for fourteen years, and later serving on Supreme Court, for a while as presiding justice of the Appel- late Division of the First Department. George N. van Hoesen was judge of Common Pleas for fourteen years; John R. Brady for thirteen years, and H. W. Bookstaver for eleven years.
As the Court of Common Pleas was the County Court of New York County, it had exclusive jurisdiction in certain actions; it was a Court of Impeachment for municipal and minor judicial officers ; the greater part of lunacy proceedings, mechanic lien litigations and insolvent assignments came before Common Pleas. It was also the court where contested wills were tried before a jury. Its equity powers were coequal with those of the Supreme Court, but its appellate powers were more varied than those of any New York Court, excepting the Court of Appeals. The Supreme Court heard only appeals from its own and the Surrogate's Court. The Superior Court was confined to appeals from its own decisions. But the Com- mon Pleas, in addition to the appeals from its own decisions, passed in review appeals from judgments of the City Court and District Courts of New York. There were six judges of the City Court and eleven District Court justices. As the deci- sions on appeal of the Common Pleas were final it determined the law, so far as these lower courts were concerned, on all matters presenting questions not distinctly adjudicated by the court of last resort.
The decisions of the Common Pleas since 1850 have been reported in twenty-three volumes, four edited by E. Delafield Smith, two by Judge Hilton, and sixteen by Chief Justice Charles P. Daly. In addition, there are the Smith, Hilton, and Daly reports.
SUPERIOR COURT.
Of the other courts abolished in 1895, the Superior Court of New York City had had concurrent existence with the
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Court of Common Pleas for more than sixty years-since 1828. Its establishment in that year had been necessary, legal busi- ness before the Supreme and Common Pleas courts having reached such volume that it took from twelve to fifteen months for a cause to be reached on the calendar of the Supreme Court. In the fifty years of State government, the population of the city had increased from 50,000 to 200,000, but the Supreme Court still had only one justice then sitting in the city, and there was still a single judge of the Court of Common Pleas. Furthermore, in the heavy bank failures and commer- cial embarrassments that arose partly from the reaction of war inflation, there was urgent need of judicial assistance. So, by an act of the Legislature in 1828-decided upon after the legislators had considered a proposal to enlarge the Court of Common Pleas-the Superior Court of New York City was established, with a Chief Justice and two associate justices, the justices being appointed for a term of five years. Samuel Jones, who was then Chancellor of the State, was appointed Chief Justice, and Josiah Ogden Hoffman and Thomas J. Oak- ley, who were both former Attorneys-General, became asso- ciate justices. By the Constitution of 1846 the judicial offices became elective. In 1848 the bench was increased to six jus- tices, the first charter election under the act being in 1849. Thereafter, until abolished by the Constitution of 1894, the Superior Court consisted of a Chief Justice and five associate justices.
The Superior Court, when established, had the same juris- diction as the Supreme Court possessed in all civil cases. It is worth noting that it was the first court established by a statutory act "that did not have its jurisdiction defined by a cross-reference to an English court." During its more than six decades of existence, the Superior Court was served by many capable jurists.7
7. Superior Court of New York City ( 1828-1895)-Chief justices: Sam- uel Jones, 1828-47; Thomas J. Oakley, 1847-57; John Duer, 1857-58; Joseph S. Bosworth, 1858-63; Anthony L. Robertson, 1864-69; John M. Barbour,
90I
FIRST DISTRICT-N. Y. CITY AND COUNTY
EXISTING COURTS OF NEW YORK CITY.
It was not until 1896 that the serious overlapping of the courts of New York City was ended. Then, of the three courts that exercised appellate powers in New York City, two ended their lives. It was felt that they would go long before the Constitution of 1894 had been framed. Each of these courts- Supreme, Superior and Common Pleas-"had its separate organization, its own series of reports, its own clerk's office, its staff of employees, each its Appellate tribunal, which made its own laws, respecting, of course, the decisions of the others, but at times unavoidably conflicting. Their records were kept entirely separate, and although they administered the same system of jurisprudence, they had no system by which its exercise by each of them could be brought into harmony with that of the others," writes Judge Strong.8 In 1893, in a paper, entitled "The Superior City Courts," read by George G. Rey- nolds, before the New York State Bar Association, the ques- tion was asked: "Now, why should there be in the city of
1870-73; Claudius L. Monell, 1874-76; William E. Curtis, 1876-80; John Sedgwick, 1880-96. Associate justices : Josiah Ogden Hoffman, 1828-37; Thomas J. Oakley, 1828-47; Aaron Vanderpoel, 1842-50; Lewis H. Sand- ford, 1849-52; John Duer, 1849-57; John L. Mason, 1849-52; William W. Campbell, 1849-56; Elijah Paine, 1850-53; Joseph S. Bosworth, 1852-58; Robert Emmet, 1852; Murray Hoffman, 1853-61; John Slosson, 1853-59; Lewis B. Woodruff, 1853-61; Edwards Pierrepont, 1857-60; James Mon- crief, 1858-65; Anthony L. Robertson, 1859-64; James W. White, 1860-63; John M. Barbour, 1861-69; Claudius L. Monell, 1861-74; Samuel B. Gar- vin, 1863-68; John H. McCunn, 1863-72; Samuel Jones, 1865-71; Freeman J. Fithian, 1869; John J. Freeman, 1870-75; James C. Spencer, 1860-71 ; William E. Curtis, 1872-76; John Sedgwick, 1872-80; Hooper C. Van Vorst, 1873-86; Gilbert M. Spier, 1874-81; Charles F. Sanford, 1876-82; John J. Freedman, 1876-95; Horace Russell, 1880 (July to December, vice Curtis, deceased) ; Charles H. Truax, elected November, 1880; Horace Russell (appointed, October, 1881, to serve until end of 1882, vice Sandford, deceased) ; William H. Arnoux, 1882 (Richard O'Gorman was elected, November, 1881, for place of Judge Spiers, but as his seat was not then vacant, the election was held to be void. Judge Spiers did not resign until July 27, 1882, Arnoux being appointed to serve until end of that year) ; George L. Ingraham, 1883-91; Philip P. Dugro, 1887-95; David McAdam, 1890-95; Henry A. Gildersleeve, 1891-95; Henry R. Beekman, 1895.
8. "Landmarks of a Lawyer's Lifetime" (Strong, 1914).
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New York, two or more courts, the judges of which are elected by the same voters, possessing jurisdiction over the same sub- ject matters, except that one is general and the others local, entailing the expense of additional clerical and other machin- ery, and leading inevitably, actually in some cases, to contra- dictory decisions?" It was fairly well known which two of the three would be abolished. As pointed out in a paper by William B. Hornblower to the same association in that year, the Supreme Court was the logical one to reinforce.9
So the matter of the Appellate Court for the city was set- tled by the Constitution of 1894, which provided for the trans- ference of the business and powers of the Superior and Com- mon Pleas courts to the Supreme Court. There has been no material change since.
The courts of New York City and county in 1924 were : The Supreme Court, composed of thirty-six justices for the First district, using the old Tweed Court House, City Hall Park, but soon to be housed in a magnificent building on Cen- tre Street; the City Court, which has jurisdiction only in
9. "The functions of the Supreme Court affect so vitally the interests of the whole community that any questions arising with regard to its organi- zation and the distribution of its powers are of momentous importance. Each of the justices of that court, as at present constituted, is a chancellor, wielding the tremendous powers incident to equitable relief. As chancellor he can grant ex parte that most righteous but most formidable and danger- ous, and, in the hands of a corrupt or unscrupulous or careless judge, most oppressive remedy, an injunction. As chancellor he is called upon to hear and determine most intricate and delicate questions affecting personal and property rights. As a common law judge he wields the writs of mandamus and habeas corpus and presides at the trial of jury cases involving the rights of citizens and of corporations in all the varied relations of business and social life. As a criminal judge, he presides at oyer and terminer and holds the scales of justice where not only the liberty but the life of the defendant may be trembling in the balance. At general term he sits in an appellate capacity to review and revise the decisions of his brother judges and of inferior tribunals.
"To secure the greatest efficiency in a court weilding these enormous powers, and to remove it as far as possible from all liability to hasty, ill- advised or biased judgments are objects well deserving of the gravest consid- eration."-Paper by Wm. B. Hornblower. See "Reports of the N. Y. State Bar Association, 1893," p. 76.
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