Smith, in his " History of New York," gives us an interesting account of the courts as they were in 1757,--

"Justices of the peace are appointed by commission from the Governors, who, to serve their purposes in elections, sometimes grant, as it is called, the administration to particular favorites in each county, which is the nomination of officers civil and military ; and by these means justices have been astcmisliingly multiplied. There are instances of some of these who can neither write nor read. These Genii, besides their ordinary powers, are by acts of assembly enabled to hold courts for the determination of small causes of 5 pounds and under ; but the parties are privileged, if they choose it, with a jury ; the proceedings are in a summary way, and the conduct of the justices has given just cause to innumerable complaints. The justices have also jurisdiction with crimes under the degree of grand larceny ; for any three of them (one being of the quorum) may try the criminal without a jury, and inflict punish ments not extending to life or limb.

" The Sessions and Court of Common Pleat. -- The Court of Common Pleas takes cognizance of all causes where the matter in demand is in value above 5 ponmls. It is established by ordinance of the Governor in Council. The judges are ordinarily three, and hold their offices during pleasure. Thro' the infancy of the country, few, if any of them, are acquainted with the law. The practice of these courts is similar to that of the common bench at Westminster. They have each a clerk, conunissioned by the Governor, who issues their writs, enters their minutes and keeps the records of the country. They are held twice every year. These judges, together with some of the justices, hold at the same time a court of general sessions of the peace. . . .