USA > New York > Jefferson County > History of Jefferson County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 19
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1. A court, composed of three persons commissioned for that purpose, to be held monthly throughout the year in cach town on the first Wednesday of the month, to hear and determine small causes and cases of debt and trespass to the value of forty shillings and under, without a jury, unless one was specially demanded by either party to the suit, and then to be summoned and to serve at the expense of the party demanding the same. The persons composing
# Revised Laws of New York, 1813. Appendix.
+ Bradford's ed. Colonial Laws of New York.
# Smith's History of New York.
¿ Notes to Revised Laws of New York, 1813.
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HISTORY OF JEFFERSON COUNTY, NEW YORK.
the court were called commissioners, and one of them issued the summons to the party defendant, which must be person- ally served or left at his house four days before the sitting of the court.
2. Courts of Sessions yearly and every year in each county, to hear, try, and determine all causes, eivil or criminal, brought therein, with a jury of twelve men of the county where the action accrued. The judges of this court were the justices of the peace of the respective counties, or any three of them. This court had an officer denominated " the clark of the sessions, or clark of the peace," and also " one marshall, or cryer." All processes issued out of the clerk's office and to the sheriff. For Albany county, this eourt was first to be held the first Tuesdays in March, June, and September, at the town-hall, in the city of Albany.
3. Annually in each county there were two terms to be held of a Court of Oyer and Terminer and General "Gaol" (as the old records spell it) Delivery, with civil and criminal jurisdiction on all matters in controversy, where the monetary consideration amounted to five pounds and upwards. This court had power to " try, hear, and determine all matters, causes, and cases, capitall, criminall, and civill, and causes, tryalls at common law, in and to which said court all and every persons whatsoever shall or may, if they see meet, remove any action or suit, debts or damages laid in such actions or suits, being five pounds and upwards, or shall or may, by warrant, writ of error, or certiorari, remove out of any inferior court any judgment, informacon, or indietment there had and depending, and may correct errors in judg- ment, and reverse the same, if there be just cause for itt." A jury of twelve meu were to be provided for all parties who called for the same. The first term of this court in Albany county was the second Wednesday in May, 1684.
4. A Court of Chancery, with power to hear and deter- mine all matters of equity, and be esteemed and accounted the supreme court of the province. The assembly provided for the appointment of a Chancellor to hold the court, with assistants to be appointed by the governor and council ; but the latter powers returned the bill with an amendment de- claring the governor and council to be the Court of Chan- eery, with power in the governor to depute a chancellor or assistant, etc.
The right of appeal from any of the courts of Oyer and Terminer, General Gaol Delivery, and High Court of Chan- cery to " our Sovereign Lord the King," was reserved for any of his dutiful subjects, the value of whose disputes or matters in question amounted to one hundred pounds and more .*
The acts of this assembly of 1683, during its various sessions, were never approved by " His Royal Highness the Duke of York," and the assembly which convened in 1691 declared all the legislation of the former body null and void .; The assembly, however, provided for the main- tenanec of courts in 1691 as a temporary act, extending their lease of power in 1693 and 1695, and in 1696 the Crown repealed the charter of 1691. The courts under the charter of 1691 were the Justices' Courts in the towns, the
sessions of the Peace and Common Pleas in the counties, and a Supreme Court, the latter composed of one judge and six justices, and the city courts of New York and Albany. Appeals would lie to the Supreme Court from any inferior court in cases of error.t
An ordinance of the governor (Earl Bellamont) and council in May, 1699, reconstructed the courts, as follows : Justices were given cognizance of causes involving forty shillings, without the intervention of a jury, by taking a freeholder to their assistance to hear and determine the eauses. The summons issued to the constable and ran two days. A Court of Common Pleas was provided for each county, to begin the next day after the general ses- sions ended, which had jurisdiction of all cases at common law of any kind or nature soever. Appeals would lie in all matters of twenty pounds and upward, or where the action touched the title to the freehold. A Supreme Court of Judicature was provided for the whole colony, to be held at New York, which had eognizance of all pleas, " eivil, criminal, and mixed, as fully and amply, to all intents and purposes whatsoever, as the courts of King's Beneh, Com- mon Pleas, and Exchequer within His Majesty's King- dom of England, have or ought to have." Original juris- diction was also given this court, in all civil eascs of twenty pounds and upwards, or which brought in question the right of freehold ; and all suits in the inferior courts com- ing within its purvey could be transferred to the supreme court for trial. Process to issue under teste of the chief justice of the court, and a session of the same to be held at New York twice each year. One of the justices of the supreme court was to go the circuit annually, and, with two or more justices of the respective counties, hold ses- sions of the said court at Albany and the other counties of the provinec. The justices of the supreme court were to be appointed by the governor and couneil, with power to hold terms of five days in New York and two days only in the other counties. The judges of the several courts were empowered to regulate the pleadings and practice of their courts, and jury trials were preserved. By an ordinance of Governor Cornbury, issued April, 1704, the terms of this eourt were increased to four per annum, and from that time till the adoption of the Constitution by the people in 1777, the supreme court rested upon and was held by the authority of those ordinances alone.
On September 2, 1701, the licutenant-governor, John Nanfan, established by an ordinance a High Court of Chancery, declaring himself ex-officio Chancellor; but, on June 13, 1702, the governor, Lord Cornbury, suspended its functions until a fee-bill and rules of practice " could be arranged agreeable to equity and justice," and the chief and second justiees of the province were appointed to " eon - sider and report the best method to render the court most useful and least burdensome" to parties litigant. The jus- tices having reported, Lord Cornbury accordingly, on No- vember 7, 1704, revived the court and the eauses depending therein, and adopted the fee-bill and rules of practice pre- pared by the judges. On November 6, 1735, the general assembly adopted a resolution declaring " that a Court of
# Appendix to Revised Laws of New York, 1813.
+ Journal of Colonial Assembly.
# Smith's History of New York.
71
HISTORY OF JEFFERSON COUNTY, NEW YORK.
Chancery in this provinee in the hands or under the exer- cise of a governor without consent in the General Assem- bly is contrary to law, unwarrantable, and of dangerous consequence to the liberties and properties of the people." * Several struggles were made by the Colonial Assembly to destroy this court, but without effect, and Smith observes, in his " History of New York," " of all our courts none has been more obnoxious to the people than this," -- the Court of Chancery of the Colony. The court remained, however, in the governor's hands until the Revolution, when the constitution recognized it as a court and directed a Chancellor to be appointed for it. It was reorganized March 16, 1778, and continued by the constitution of 1821, but abolished by that of 1846. In 1848 a code of practice for the courts was adopted, whereby the distinction between legal and equitable remedies was abolished, as well as the old and cumbersome forms of actions and pleadings in cases at common law, and a uniform course of proceeding in all cases established. The eode was revised in 1876, and amended in 1877, and took effect September 1 of the latter year.
The charter of 1683 provided for the attestation of wills by two witnesses, and when so attested declared them com- petent to pass the title to land, if filed in the office of the secretary of the colony within forty days after the death of the testator. The charter of 1691 vested the governor with probate powers, and styled the tribunal the prerogative court, and in 1694 the assembly provided for the super- vising of intestacies, and regulating probates of wills and administration,-the widow, if any, to have the preference; if no widow, then administration to be referred to the pub- lic administrator, who was to edueate the orphans, if any, in the " Holy Protestant Religion, and see they were hon- estly maintained, according to the value of their estate," and their estate invested for them to be received by them on attaining their majority or marrying. Wills in remote counties were allowed to be proven before courts of Com- inon Pleas, and certified to the Secretary's office in New York. Appeals would lie from the courts or justices to the governor. If the estate did not exceed fifty pounds in valuc the courts of Common Pleas could grant administra- tion. On March 24, 1772, the law of intestacies and pro- bate of wills was extended to Tryon county. The first constitution recognizes the Court of Probates, and at the first session of the Legislature, in 1778, the judge of that court was vested with the same powers that the governor of the colony had as judge of the prerogative court. The judge of this court was appointed for the entire State, and granted letters of administration and probates of wills for his entire jurisdiction. Surrogates for the countics were provided for also by appointment of the council of appoint- ment. On February 20, 1787, the appointment of surro- gates was given to the governor, and they were given juris- diction of probate matters in their respective counties, the Court of Probates of the State possessing appellate powers over the surrogates. The old colonial law for the super- vising of estates was repealed. The office of surrogate was abolished by the constitution of 1846, and a County Judge
# Journal of Assembly, I age 687.
provided, who, besides holding the county court, has also probate jurisdiction. In counties of more than 40,000 population a surrogate may be clected.
In 1702 a Court of Exchequer was established in the colony, which had eognizance of sundry governmental claims against other parties. In 1786 the Legislature ereated a court under that title, which was to be held in the city of New York, by one of the justices of the Supreme Court, and had eognizance of all claims arising in favor of the State on fines, forfeitures, issues, amerciaments, and debts. This eourt was re-established in 1813,t by the revised laws, but did not survive the constitution that passed away in 1821, on the adoption of the new one.
The constitution of 1777 recognized the following courts : Admiralty, Chancery, Supreme, Common Pleas, Oyer and Terminer and General Gaol Delivery, General Sessions of the Peace, the Court of Probates, City Courts, and Justices of the Peace; and provided for a Court of Impeachment and Correction of Errors, under regulations to be established by the Legislature. The court consisted of the president of the Senate for the time being, the senators, chancellor, and the judges of the Supreme Court, or a majority of them.
In 1786 the Legislature provided for Circuit Courts, to be held by the justices of the Supreme Court, in each county, cognizable of all causes tryable by the county at the common law. In 1813 special sessions of the peace, held by three justices in the towns, were provided for petty crimes and misdemeanors, where the defendant could not give bail to the general sessions of the county. The courts under the first constitution were continued by the second one, which latter was ratified by the people January 15 to 17, 1822.
The constitution of 1846 recognized and continued the courts under the constitution of 1821, except those of Chancery and Common Pleas, and in addition created the Court of Appeals and the County Courts. The Court of Appeals had its origin in the powers of the original Court of Impeachment for "the correction of errors." These latter powers were abrogated by the constitution of 1846, and the Court of Appeals created by Sec. 2 of Art. VI. of that instrument, which court occupies the place in the judicial system which the original court for the correction of errors did. It was, when first constituted, composed of eight judges,-four eleeted by the people of the State for eight years, and four selected from the class of justices of the Supreme Court having the shortest time to serve. On November 2, 1869, the people ratified an amendment to the constitution, prepared by the convention of 1867-68, whereby, among other changes in the judiciary effected thereby, the court of Appeals was reorganized as it now exists, being composed of a chief judge and six associate judges, who are chosen by the people of the State for terms of fourteen years each. This court has power to re- view every actual determination made at a general term of the Supreme court, or by either of the Superior city courts, in certain cases and under certain limitations. The Supreme court has the same jurisdiction it originally had, with the exceptions, additions, and limitations created and imposed
+ Notes to act in revised laws, 1813.
72
HISTORY OF JEFFERSON COUNTY, NEW YORK.
by the constitution and statutes, and has appellate jurisdic- tion over all courts of original jurisdiction not otherwise specifically provided for. Appeals also will lic from certain limited judgments of the court itself to a general term of the same, which are held at least once a year in each of the four judicial departments of the State. Jefferson County being included in the fourth, which is composed of the fifth, seventh, and eighth judicial districts,-Jefferson being in- cluded also in the fifth district. The general terms are held by one presiding and two associate justices, designated as term justices, but all of them of the Supreme bench. Any justice of the Supreme court may hold the Circuit courts, special terms of the Supreme court, or courts of Oyer and Terminer, the terms of which are appointed by the justices of the department, who also assign the particular justices to hold the courts in the respective counties.
The County courts, created by the constitution of 1846, have jurisdiction of all actions of partition, dower, fore- closure, and specific performance, the action accruing in the respective county ; and to actions generally where the amount involved in controversy does not exceed $1000 in value, where the defendants are in the county at the commence- ment of the action. This court is held by the county judge, and who, associated with two justices of the peace, may hold courts of the Sessions of the Peace, with such criminal jurisdiction as may be provided by law.
The constitution of 1777 continued in force such parts of the common law of England, and the statute law of England and Great Britain, and acts of the Colonial legis- lature of New York, as together formed the law of the colony April 19, 1775, subject to further amendment or repeal by the proper authority. The resolves of the Pro- vincial Congress of the colony, which existed from the early part of 1775 to 1777, as also the resolutions of the convention of the State, not inconsistent with the constitu- tion, were adopted as law. Anything in any of the above- quoted legislation repugnant to the constitution was abro- gated and rejected. The constitution also provides for the trial by jury and the naturalization of aliens. The consti- tution of 1821 still continued in force the common law of England, and the colonial laws not repealed or repugnant to the provisions of that instrument. Courts of the Ses- sions of the Peace were provided for the county of Albany, April 17, 1691,* with three terms per year, and a court of Common Pleas, from which no appeal or habeas corpus would lie on matters under twenty pounds in controversy. The old Justices of the Peace of the colony were to be " good and lawful men of the best reputation, and who be no maintainers of evil or barretors."
In 1778 the Legislature declared that paper would au- swer in legal proceedings and documents in emergent cases, and its use was held not to invalidate proceedings in the courts, notwithstanding the requirement of vellum for such purposes previously. In 1798 paper was still further ad- vanced in respectability in the courts, being declared lawful for use in the Supreme and Chancery courts for all purposes except for the processes of the courts, for which parchi- ment continued to be used. The court of General Sessions
of the Peace under the first constitution had jurisdiction in all cases where the penalty was not confinement for life or the death penalty. In 1796 the criminal code was ameliorated, and State's-prisons first directed to be estab- lished. Previous to this, most of the offenses punishable by imprisonment for life were under the death penalty. The claim of " benefit of clergy" by criminals was abolished in New York February 21, 1788. In May, 1788, the statutes of England and Great Britain were abolished. The first fee-bill established by law was dated May .24, 1709. The courts of Common Pleas, established by the ordinance of the colonial governor in 1699, was the begin- ning of the courts of General Sessions. Imprisonment for debt was abolished in New York April 26, 1831.
In 1815 the jury list of Jefferson County was materially augmented by extending the right to serve as jurors to persons holding contracts for lands who had improved the lands to the value of one hundred and fifty dollars, or had personal property to that amount. Freeholders only had been lawful jurors previous to this time; but, owing to the fact that the bulk of the Jefferson County farmers held their farms only by contract, the burden came heavily upon the balance of the community, besides depriving the courts of a valuable class of jurors; hence the legislation above referred to.
THE COURTS OF JEFFERSON COUNTY.
As will be seen by a reference to the act erecting Jeffer- son and Lewis counties, in the carly part of this chapter, courts of Common Pleas and General Sessions of the Peace were directed to be held in Jefferson County, the first term to begin on the second Tuesday of June of each year. This act passed May 28, 1805, but there was no court held in the county, so far as the records show, until May, 1807. The same act provided that no Circuit Court, or courts of Oyer and Terminer and General Gaol Delivery, were to be held in the said counties until the justices of the Supreme court deemed it necessary. A term of the general sessions was " held at the school-houset next south of Jon- athan Cowan's mills, in Watertown," on the second Tues- day of May, 1807, with the following presence: Honorables Augustus Sacket, Joshua Bealls, and Perley Kcyes, judges ; Thomas White, associate justice; Egbert Ten Eyck, clerk. At this term of the court, Frederick Avery and William Andrews were each fined ten dollars for defaulting as grand jurors, but at the next term they came before the court and purged themselves of their contempt by sufficient swearing. George Brown and Nathaniel Peck were discharged from their recognizance, no person appearing against them. Samuel Brown, Jr., was indicted for an assault and bat- tery, pleaded guilty, and was fined ten dollars and costs. Charles Noles, for a similar indiscretion and open confes- sion, received absolution on payment of two dollars and a half and costs. John Brown, on a similar charge, stood his trial, and was found not guilty. Seven other recogni- zances were discharged for want of prosecution, and Apple- ton Skinner was fined ten dollars for default in attendance ou the court as constable, but at the next term of the court
# Journal of Assembly of colony.
t On the site of the present Universalist church.
·
HISTORY OF JEFFERSON COUNTY, NEW YORK.
73
he convinced their Honors it would be unjust to enforce the collection of the same, and it was remitted.
The second term of the court was held at the same place, on the second Tuesday of August, 1807, with the same presence except Judge Sacket. One Studley was convicted of grand lareeny, the judgment of the court thereon ar- rested, and the ease continued until the December term of the court. Amasa Fox was indicted for sending a chal- lenge to fight a duel, and Benjamin Allen was similarly dealt with for accepting the above challenge, and both parties recognized to the court of Oyer and Terminer. In that court the parties were discharged, no one appearing to prosecute. At the December term, 1807, of the General Sessions there were seven indictments found.
THE COURT OF COMMON PLEAS
held its first term in 1807, beginning on the second Tues- day of May, and holding its sessions in the school-house before mentioned, near Cowan's mills. The court was held with the following presence : Hon. Augustus Sacket, first judge ; Joshua Bealls and Perley Keyes, judges ; Thomas White, assistant justiee. The first trial was a case between James Mitchell and William Ashby, Mr. How appearing for F. Skinner, attorney for the plaintiff. The jury were Elijah Richmond, Gad Chapin, Zachariah Butterfield, Aaron Keyes, Cornelius Van Wormer, Leonard Bulloek, Thomas Potter, Stoel Warner, Noadiah Hubbard, Wm. Sampson, Wm. Dockstadter, and Powell Hall, who gave their verdict for the plaintiff, and assessed his damages at thirty-seven dollars and forty-eight cents, and his costs at six cents. J. W. Bostwiek was the attorney for the de- fendant. Besides this suit, Mr. Bostwick had ten interlo- cutory judgments entered up, on an order for the clerk to assess the damages, on which report final judgment was rendered, aggregating $463.10. S. C. Kennedy, another attorney, had judgment similarly entered, amounting to $226.41, and on confession, $1033. B. Skinner took inter- loeutory judgments, supplemented by a final decree, to the amount of $126, and E. Camp, by confession, to the amount of $272. In the ease of Ebenezer Griffin vs. Richard Thomp- son, the sheriff having taken the body of the defendant on a eapias for debt, he was ordered to produce the said corpus during the sitting of the court or show cause why an attachment should not issue against him, and the defendant was ordered to plead in thirty days or judgment would be entered by default. There were seventy orders of this kind entered at this term of the court. Bostwick had thirty-one cases on the docket, Kennedy thirty-nine, Skin- ner twenty, Elisha Camp six, S. Whittlesey four, and J. Kirkland two. The second term of this court was held on the second Tuesday of August, 1807, with the same presence, excepting Judge Sacket. Evan Salisbury was declared a bankrupt, and De Estaing Salisbury appointed his assignee. Benjamin Bemis, an insolvent debtor, was discharged from his debts and imprisonment on aeeount thereof at this term. Thomas Y. How, Moss Kent, and Amos Benedict appeared before the court as attorneys at this term, and the court adopted the rules of the Supreme Court for the admission of attorneys and counsellors to prac- tice in the court, but abolished the distinction between the
.
two titles of a lawyer aforesaid. The court, moreover, required forcign attorneys to produce certifieates of having studied law three years in some local law office in the State of New York.
The third term of this eourt was held in December, 1807. At the July term, 1821, of this court, the first alien was naturalized in the Jefferson courts, the same being Charles Morton, a subject of George IV., King of Great Britain. In October of the same year John Foot, also an English- man, declared his intentions to become a citizen of the United States, and in 1827 Isaac J. Ullmann, a native of Frankfort-on-the-Rhine, where he was born in 1798, and from whence he emigrated in 1822, was admitted to citi- zenship. He afterwards removed to St. Joseph county, Michigan, where for many years he was a prominent citizen, serving several terms in the legislature, and finally removing to Wisconsin, where he at present resides.
The court of Common Pleas was abolished in 1846 by the constitution then adopted, which provided county courts in its stead.
The first term of the County Court of Jefferson County was held August 16, 1847, Judge Robert Lansing pre- siding.
Tradition says that after the formal adjournment, the first court (which was held, as before stated, in the school- house) became a scene of fun and frolic, which has since been seldom equaled. The greater part of the settlers were young or middle-aged men, and some were "fond of a social glass." The customs of the day did not discountenance practical joking, and athletie games were invariably the ac- companiment of all gatherings. Moreover, they had been just organized, and must have business for their courts, else what need of having eourts? No one was exempt from the jurisdiction of the court ad interim, and did any one try to evade process, he was at once accused of a crime more flagrant in the code of the tribunal than all others, " sneakism," and forthwith arraigned before the "grave and
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