USA > New York > Gazetteer of the State of New York: embracing a comprehensive view of the geography, geology, and general history of the State, and a complete history and description of every county, city, town, village, and locality, Part 1 > Part 9
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33
STATE GOVERNMENT.
Commissioner of the Land Office and of the Canal Fund, a member of the Canal Board and of the Board of State Canvassers, and a trustee of Union College, of the Capitol, and State Hall. He has a deputy and a clerk.
The State Engineer and Surveyor' has charge of the engincering department of the canals and such land surveys as involve the interests of the State. He reports annually the statistics of these departments and of railroads. He is a Commissioner of the Land Office, a member of the Canal Board and Board of State Canvassers, and a trustee of Union College and the State Hall. He must be a practical engineer. He is assisted by a deputy and 3 clerks.
JUDICIAL DEPARTMENT.
United States Courts .- The second of the U. S. Courts comprises New York, Vermont, and Connecticut. A court is held twice a year in each State by a Justice of the Supreme Court and the District Judge of the district in which the court sits.
The State of New York is divided into two Judicial Districts, in each of which is held a District Court.2 The officers of this court in each district are a District Judge, Attorney, Marshal, and Clerk. In the Southern District a term is held in each month, at New York; and in the Northern District one term is held each year at Albany, Utica, Auburn, and Buffalo, and one term annually in St. Lawrence, Clinton, or Franklin co., as the Judge may direct." These courts have nearly concurrent original jurisdiction in all matters in which the United States is a party; and they take cognizance of offenses against the laws of the U. S. An appeal lies from the District to the Circuit Court, and thence to the Supreme Court.
State Courts .-- The State Courts consist of a Court for the Trial of Impeachments, the Court of Appeals, the Supreme Court and Court of Oyer and Terminer, the County Court and Court of Sessions, Justices'Courts, and City Courts.
NEW YORK
SEA
The Court for the Trial of Impeachments consists of the Senate and the Judges of the Court of Appeals. Its judg- ments extend only to removal of officials and to disqualification for holding office." Parties impeached are liable to all the penalties of the civil and criminal laws. This court is a court of record; its meetings are held at Albany.
The Court of Appeals,' instituted in 1847, is composed of 8 judges, 4 of whom are elected, (one every 2 years, ) and 4 of whom are the Judges of the Supreme Court having the shortest term to serve. The judge elected having the shortest term to serve is Chief Judge; and 6 judges constitute a quorum. This court has power to correct SEAL and reverse all proceedings of the Supreme Court, or of the former Supreme Court, and Court of Chancery. It holds 4 terms a year at the Capital; and every 2 years one term must be held in each Judicial District. Its clerk has an office in the State Hall, YOR where the records of this and former State and Colonial Courts are preserved. The State Reporter prepares for the press and pub- lishes the decisions of the court, copies of which are sent to each county, and franked, under the Governor's hand, to each of the other States and Territories of the Union.
! This office takes the place of that of " Surveyor General," | Ulster, Sullivan, and the counties Sonth. The Northern Dis- which existed under the colony. In the carlier years of the trict embraces the remainder of tho Stato. State Government. numerous and responsible duties wero im- 8 Tho United States has caused or ordered buildings to be erected in part for the accommodation of those conrts at New York, Utica, Buffalo, Ogdensburgh, Canandaigua, and Platts burgh. These edifices are of the most substantial kind, and generally fireproof. posed upon this officer, under acts for the sale and settlement of lands, the adjustment of disputed titles, boundaries, and In- dian claims, laying out roads, and business relating to the salt springa. reserved village plats, and other State property. These duties were discharged front 1784 to 1834 hy Simeon Do Witt, with great integrity and success.
The Secretary of State, Comptroller, Treasurer, Attorney General, and State Engineer are elected biennially at the saine time,-their election occurring on alternate years from those of the election of the Governor and Lieut. Governor.
2 United States District Courts .- There are two Districts within this Stato. The Southern District embraces Columbia, Greene,
4 This conrt has assembled but once. In 1853 it was con- vened for the trial of impeachment of John C. Mather, Canal Commissioner. He was acquitted.
5 Constitution, Art. VI, "Sec. 2. This court takes the place of the former " Court for the Correction of Errors," and in some respects fills that of the old Supreme Court and Court of Chan- cery.
3
34
NEW YORK STATE GAZETTEER.
The Supreme Court .- The State is divided into 8 Judicial Distriets,1 in each of which, cx- cept the first, 4 justices are elected. The clerks of counties are clerks of this court. It has general jurisdiction in law and equity, and power to review the judgments of the County Courts and of the former Court of Common Pleas. This court has three distinct branches,-General Terms, Special Terms, and Circuits. The General Term held by three or more of the Supreme Judges, including the presiding judge, is an appellate court for the review of cases from the courts below, and for deciding solely upon questions of law. Special Terms are held by one Supreme Judge, without a jury, for the decision of equity cases; and Circuit Courts are held by one Supreme Judge, with a jury, for the trial of issues of fact. At least four general terms of this court aro held in each district every year. Every county (except Hamilton) has at least one special and two circuit courts annually. A general term of the Supreme Court is held at the Capital in January of each alternate year, for the purpose of arranging the terms of all the Circuit Courts and Courts of Oyer and Terminer, of assigning the business and duties of the justices, and revising the rules of the court.
County Courts are held by the County Judge,2 assisted by two justices of the peace clected annually for the purpose. The judge performs the duty of surrogate, except in counties where the population exceeds 40,000, in which the Legislature may provide for the election of a separate officer as surrogate.3 The Legislature may direct the election of local officers, not exceeding two in any county, to discharge the duties of judge and surrogate in case of inability or vacancy in that office, and to exercise such other powers as may be provided by law." Judges and surrogates receive a salary fixed by the Supervisors, and which cannot be increased during their term of office.
County Courts have jurisdiction in civil cases when the real estate, or all the defendants, or all the parties interested are within the co., and where the action of debt assumpsit or covenant claimed is not above $2,000, or in actions for injury to the person, or trespass upon property, where the damage claimed does not exceed $500; or in replevin suits where the value claimed is not above $1,000. These courts have equity jurisdiction for the foreclosure of mortgages, the sale of the real estate of infants, the partition of lands, admeasurement of dower, the satisfaction of judgments over $75, and the care and custody of lunatics and habitual drunkards. Surrogate's Courts are held by the County Judge or Surrogate, (in counties where the latter is elected, ) and have the ordi- mary jurisdiction of Courts of Probate.
Justices' Courts are held by justices of the peace, who have jurisdiction in civil suits where the sum claimed does not exceed $100 in value.6 They have jurisdiction in criminal cases for im- posing fines to the amount of $50, and of inflicting imprisonment in the county jail for a term not exceeding 6 months.6
Tribunals of Conciliation may be established, and their powers and duties prescribed by law; but their judgments are not obligatory unless the parties previously agree to abide by such decision.7
City Courts. In each of the cities and in several of the larger villages are courts of local jurisdiction organized under special laws.8
1 New York State Judicial Districts under the Act of May 8, 1847 :-
1. City and County of New York.
2. Dutchess, Kings, Orange, Putnam. Queens, Richmond, Rock- land, Suffolk, and Westchester Counties.
3. Alhany, Colombia, Greene, Rensselaer, Schoharie, Sullivan, and Ulster Counties.
4. Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga, Schenectady, Warren, and Wash- ington Counties.
5. Herkimer, Jefferson, Lewis, Oneida, Onondaga, and Oswego Counties.
6. Broome, Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga, and Tompkins Counties.
7. Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne, and Yates Counties.
8. Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming Counties.
2 From 1777 to 1822 Judges were appointed hy the Council of Appointment; and froin 1822 to 1846, by the Governor and Senate. One in each co. was styled " First Judge ;" and a fixed number (subsequently 4) of others were called Judges.
8 Surrogates aro elected in Albany. Cayuga, Chautauqua, Columbia, Dutchess, Erie. Jefferson, Kings, Monroe, New York, Oneida. Onondaga, Ontario, Orange, Otsego. Rensselaer, St. Law- rence, Saratoga, Ulster, Washington. Wyoming, and Yates cos.
Cimstitution, Art. VI. Sc. 15. Special acts have been passed for this purpose, as follows :- Special Judge and Special Surro- gate in Cayuga, Chautauqua, Jefferson. and Oswego, 1849: Washington, 1855. Special Judge in Oncida. Orange, St. Law-
rence, and Tioga. 1849; Ulster. 1850; Chenango. 1851; Sullivan, 1854; Essex, 1857; and Tompkins, 1858. The term for which these officers are elected is 3 years, except in Chenango, Tomp- kins. and Ulster, in which it is 4 years.
5 There are 4 justices elected in each town except Champlain, Ellishurgh, Fort Ann, Hanover, Harmony, Hector, Lenox. Niag- ara, Pomfret, and Potsdam, which havo each 5, and Brook- haven. which has 8. Justices were appointed hy the Council of Appointment from 1777 to 1822, and by the Supervisors and Judges from 1824 to 1827. since which they have been elected. 6 Revised Statutes, Art. I, Title, 4, Chap. 2, Part 3. 7 Constitution, Art. VI, Sec. 23.
8 The principal City Courts are as follows :-
In Albany .- A Mayor's Court, held by the Mayor. Recorder, and Aldermen, or the Mayor and Recorder jointly. or either of them singly. It is practically held by the Recorder only ; a (hurt of Special Sessions. held by the Recorder or County Judge, with one or more Justices : & Justices' Court. hold hy 3 Justices elected for the purpose. Two Police Justices elected.
In Auburn .- Justices' and Police Courts. Three Justices of the Peace elected.
In Brooklyn .-- The City Court, held by the City Juder: Po lice Courts and Justices' Courts, for whose convenience the city is divided into 5 districts : a Court of Speil Ses- sions, held by a Justice or Police Justice.
In Buffalo .- A Superior Court, held by 3 Justices : Justices' and Police Courts. Eight Justices of the Peace and one Police Justice elected.
35
STATE GOVERNMENT.
The oficers in each county, auxiliary to the judiciary, are as follows :-
The District Attorney,1 who is the official prosecutor in all criminal cases coming before the county courts, and has general duties in relation to suits in which the county has an interest.
The Sheriff,' who is charged with the preservation of the public peace and the execution of the orders of the courts. He has charge of the jail and prisoners, and appoints as many deputies as he may deem necessary. He can hold no other office, and is ineligible to the same office for the next 3 years after his term expires. He is required to give bonds, in default of which the office becomes vacant.
The County Clerk, who is made the keeper of the county records. IIc attends the courts and records their proceedings, records deeds and mortgages, files papers and documents required by law to be preserved in his office, and is the medium of communication between State and town officers. He is the clerk of the Supreme Court for his county. IIe appoints a deputy, who, when duly sworn, may discharge all his dutics.
Four Coroners, who are charged with the duty of inquiring into the cause of sudden deaths. Upon being notified, it is their duty to attend at the place where a dead body is fouud, summon a jury and witnesses, examine into the causes, and make a written report to the county clerk. They also have the sole power of issuing writs against sheriffs.
A Register, performing that part of the duties of county clerks relating to the recording of conveyances and mortgages, is elected in New York, Kings, and Westchester counties; and each of these appoints a deputy.
Commissioners of Deeds, to take acknowledgments of deeds and legal documents, arc ap- pointed by the Common Councils of cities in such numbers as they may decide, except in New York, where the number is limited to 300, and in Syracuse to 12.3
Notaries Public are appointed by the Governor and Senate for a term of 2 years, and have authority to demand and accept payment of foreign bills of exchange, and to protest the same for nonpayment, and to exercise the customary duties of this office. Their number is limited to 400 in New York, 25 in Troy, and in other cities and towns as many as the Governor may deem proper.
Criminal Courts. Courts for the trial of criminal cases consist of the Court of Oyer and Terminer connected with the circuit of the Supreme Court, the Court of Sessions connected with the County Court, City Criminal Courts, and Justices' Courts.+
Courts of Oyer and Terminer consist of a Justice of the Supreme Court associated with the County Judge and two Justices of the Sessions, (except in New York City, ) the Supreme Judge and two of the others coustituting a quorum for trials. This court has original and general jurisdiction.
Courts of Sessions are held by the County Judge and two Justices of Sessions. They have jurisdiction over cases in which the imprisonment in case of conviction is less than ten years. The inferior City Courts and Justices' Courts have jurisdiction over petty criminal cases.
In Hudson .- A Mayor's Court, held by the Mayor, Recorder, | pensation. In the absence of such action, the District Attorney and Aldermen, or the Mayor and Recorder jointly or singly : | is paid by fees.
a Justices' Court, held by 2 Justices. Que Police Justice elected.
2 Constitution, Art. X, Sec. 1. From 1777 to 1822 sheriffs were appointed annually by the Governor and Council, and could uot hold the office more than 4 successive years. They have been elected since 1822.
In New York .- The Superior Court, consisting of a Chief Justice and 6 Justices: the Court of Common Pleas. com- posed of 3 Justices; the Marine Court, composed of 3
Justices: the Court of Oyer and Terminer, held by a the peace. Special commissioners for this service were appointed Justice of the Supreme Court; the Court of General Ses- in the several cos. by the Council of Appointment under the first sims, held by the Recorder or City Judge: the Court of Constitution, and by the Governor and Senate under the Courtitu- Special Sessions, held by the Recorder or City Judge with. . tion of 1521. The Governor may appoint. for a term of + years, ont a jury; Police Courts, held by Special Justices in + 'any number of persons not exceeding 5. in au) city or co. of other separate districta; and Justices' or District Courts. held ! States and of Canada, to take acknowledgments of instruments in 6 separate districts.
& Iu towns the duties of the office are performed by justices of
or conveyances to be recorded in this State. The consuls, vice- consuls, and ministers of the U. S. in foreign countries. the
In Oswego .- A Recorder's Court, held by the Recorder, or. in his absence, by the Mayor or any two Aldermen ; a Court : mayors of London, Liverpool. and Dublin. the provost of Ediu- of Special Sessions, held by the Recorder. Two Justices burgh, and persons appointed by the Governor. not exceeding elected.
In Poughkeepsie .-- Justices' and Police Courts.
In Rochester .- Justices' and Police Courts. Three Justices of affirmations substantiating proofs to documents requiring to be the Peace and 1 Police Justice elected.
In Schenectady .- Justices' and Police Courts. Four Justices elected. 4 In 1829. co. clerks were required to report to the Secretary of State a transcript of all convictions and the sentences thercon. In Syracuse .- Justices' and Police Courts. Three Justices of the Peace and I Police Justice elected. The intention of this act was to establish evidence in case of the trial of the same person for u second offense. in which the punish- In Troy .- A Mayor's Court, held by the Mayor. Recorder, and 'ment for the same crimes is enhanced in severity. In 1537. the
Aldermen. or the Mayor and Recorder jointly. or either singly. Practically it is held by the Recorder; a Justices' Court, held by 3 Justices elected for the purpose.
Secretary of State was required to report a statement of all con- Fictions reported under this act, and ammally afterward to lay before the Legislature a like summary. Ju 1839. sheriff's were In Utica .- A Recorder's Court, held by the Recorder : a Court also required to report the name, occupation. age. sex, and native of Special Sessions, held by the Recorder and 2 Aldermen. country of every person convicted. and such other information Four Justices and 1 Police Justice elected. as might indicate degree of education. the effect of home influ- 1 By an act passed April 14. 1852. the supervisors may deter- ences, and such other details as might be required. Under the mine whether this skall be a safaried office, and may fix the com- administration of E. W. Leavenworth, the statistics of crime
3 in each of the cities of London. Liverjuod. Glasgow, Paris. and Marseilles, may also perform this duty. and administer oaths or
recorded or to be produced in evidence within this State.
.
36
NEW YORK STATE GAZETTEER.
ADMINISTRATIVE DEPARTMENT.
Under the head of the Administrative Department are elassed the officers charged with the general administration of the affairs of eanals, of State prisons, of the salt springs, of academic and common school education, and other publie interests, each of which is particularly noticed elsewhere. It also includes a variety of other offiees, the principal of which are as follows :-
The County Treasurer is charged with the duty of receiving all moneys collected by tax, or otherwise payable into the county treasury, of paying all orders issued by the Supervisors, and of accounting to the Comptroller of the State for such moneys as are due to the State treasury. He is required to give bonds; and in case of vacancy the office is filled by appointment of the Super- visors until the January following the next general election.
Superintendents of the Poor have charge of the county poor and of the poorhouses, unless otherwise provided by law. The Supervisors may elect to have 1 or 3 superintendents. In several of the counties, special laws exist with regard to this offiee.1
Commissioners of Excise are appointed by the County Judge and the two Associate Justices, except in New York, where the Chief Justice of the Superior Court, the presiding Judge of the Court of Common Pleas, and the Recorder, have the appointing power. They meet annually on the third Tuesday of May, to grant licenses for selling liquors and keeping inns under restrictions fixed by law. This office was created April 16, 1857. Twenty frceholders must unite in a peti- tion for a license; and the same person can sign but one petition. Licenses cost $30 to $250 each.
from the first reports to, and including, 1854 were published, | Fr., 49; Spain, 6; Italy, 13; Portugal, 6; Sweden, 10; Norway, which gave the following results :-
2; other European countries, 18; Africa, 26; E. 1., 8: unknown, New York State Prison received from 1798 to 1827 inclusive, 5.579 prisoners : dicd, 765; cscaped, 25; sentencecxpiated. 1.262; pardoncd. 3,160; removed, 348: natives of N. II., 99: Vt .. 114; Mass .. 392: R. I., 110; Ct., 391; N. Y., 2.426; N. J .. 314; Penn., 234: Del .. 21; Md .. 75; Va .. 69; other States, 43; B. A .. 87: W. I., 152: crimes against the person, 280; against property, with vio- Icncc, 291; without violence, 4.016; forgery, and against the cur- rency, 728. Sentence varied from 7 mo. to life. the most being as follows : 1 year, 242; 2 years, 259; 3 years, 581; 3 years 1 day, 278; 4 years, 604; 5 years, 764; 7 years, 820; 10 years, 294; 14 141: S. A., 12; Eng., 247; Ire., 655; Scot., 79; Ger., 58; Ilol., 22; |years, 239; life, 603.
Convictions in Courts of Record from 1830 to 1856.
YEARS.
Against the
237
101
502
74
144
1,059
1845 ..
471
177
467
54
520
1,689
1831 ...
243
93
464
63
94
956
1846
384
138
471
38
440
1,471
1-32 ...
289
79
440
60
966
1847.
385
132
396
24
408
1,295
1$33 ...
362
75
462
61
153
1,113
184S ...
437
120
512
33
425
1,527
1634 ..
217
99
355
53
149
869
1849 ...
397
150
545
44
404
1.540
1-35 ...
287
92
426
31
237
1.076
1850 ...
397
199
521
36
410
1,563
1536 ...
316
86
379
32
150
963
1851 ...
409
148
475
49
401
1.482
1537 ..
393
124
477
52
145
1.191
1852 ...
412
228
490
48
434
1.602
1938 ...
296
112
472
42
164
1,086
1853 ...
483
185
573
52
553
1,846
1839 ...
287
115
479
51
186
1.118
1854 ...
432
189
591
75
835
2.122
1949 ...
463
120
437
43
274
1,343
1855 ...
397
278
586
37
544
1.842
1-41 ...
458
121
460
49
427
1.515
1856 ...
432
248
573
49
212
1.514
1542 ...
494
175
504
63
376
1.602
1857 ...
475
350
€07
64
158
1,654
1×43 ...
408
244
504
78
336
1.570
1858 ...
436
332
617
90
237
1,712
1544
394
172
459
60
312
1,427
Of the 1712 convicted in 1858, 1582 were males and 130 females. George Clinton.
The number of convictions reported by sheriff's falls short of that by clerks for the obvious reason that many who are fiurd pay down their penaltics and never come into the sheriff's hands. The excess reported by clerks from 1839 to 1854 varied from 172 to 1.000 annually. Malcs form about 94 per cent. of all con- victions reported by clerks, 93} per cent. of those reported by sheriffs. and 85 per cent. of those convicted in courts of special Aresions. The results of trial compared with total indictments bave varied in different years within the following limits :-
Ratio of convictions to indictuients.
593 to GS9.
249 to 380.
.013 to.025.
2 convict'ns on confess'n "
182 to .390. The least number of convictions reported from 1829 to 1855, in proportion to population, was In 1834, when it was 1 to 2.444. The greatest number was in 1845. when it was 1 to 1.542.
Pardon .- The number of pardons granted from 1TTS to 1854 inclusive. was 8.793; of which 160 were from fines, 100 from fines and imprisonment, 1,285 from jails and local prisons. 5.747 froni State prison for term of years, and 559 from State prisou for life. Of the whole number, 1.640 were conditioned mostly to leaving the State or U. S .. 807 were restored to rights of citizens. 59 were respited from capital offenses. The pardoning power has been exercised as follows :-
308
Wm. L. Marcy. 834
John Jay
160
Wm. H. Scward
Wm. C. Bouck. 279
Daniel D. Tompkins.
1,693
Sil.& Wright 282
John Taylor .. 223
John Young .. 208
De Witt Clinton.
2.289 Hamilton Fish
97
Joseph C. Yates.
291
Washington Ilunt 346
Nathaniel Pitcher 228
Horatio Seymour 456
Martin Van Buren ..
34
Myron H. Clark 530
Enos T. Throop
415 John A. King. 426
.. acquittals
disagreement of jurieq "
Against Prop-
erty, without
violence.
Against the
Forgery.
Other offenset.
YEAR8.
Against the
Person.
Against Prop-
Against Prop-
irty, without
Against the
Currency, and
Forgery.
Other offenses.
Total.
1$30 ...
Person.
Against Prop-
erty, with
violence.
er
erly. with
violence.
violence.
1 Tho salary of these officers, where there is but one in a county, is fixed by the Supervisors ; but in those counties where there aro 3 they are usually paid for the time employed. Albany has uone. Chemung, Clinton, Dutcbess, Essex, Frank- lin, Fullm. Genesee, Herkimer, Jefferson, Montgomery, Orange. Orleans. Otsego, Putnam, Schenectady, Schuyler, Sullivan. and Ulster, have each one; and those in italic are appointed by Supervisors. In carly times each town supported its own poor, and whero persons who had not acquired residenco became chargeable, they were sent from town to town back to the place where they had formerly resided. A very ablo report was pre- sented to the Senate by J. V. N. Yates, Secretary of State, Feb. 9, 1824, upon the subject of the "laws for the relief and settle- ment of the poor," in which he advised the crcction of ono or more houses of employment in each co., in which paupers might
377
Morgan Lewis.
213
Total.
Currency, and
37
STATE GOVERNMENT.
State Assessors .- The object of the office is to collect the necessary statistics among the several counties to enable the Board of Equalization to equalize the State tax among the several counties, and fix the amount of real and personal cstate upon which the State tax shall be levied. The Assessors are appointed by the Government and Senate, and hold office for three years.
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