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. . . .

" Sujjreme Court. -- The judges of this court, according to the act of Assembly, are judges of the Nisi Prius^ of course, and agreeably to an ordinance of the Governor and Co\incil, perform a circuit thro' the counties once every year. They carry with them at the same time, a commission of oyer and terminer and general jail delivery, in which some of the county justices are joined. The.v have but two clerks -- one attendant upon the Supreme Court at New York and the other on the circuits." *

From these accounts and other sources we gain some idea of the judicial system of the county during

1 O'Callaghau's "Doc. History of N. Y.," vol. i. pp. 147 and 148. -' O'Callaghau's " Doc. History of N. Y.,'' vol. i. pp. ai.'i and 319.

s Civil List, 1880, p. 209.

'•Smith's "History of N. Y.," vol. i. pp. 3i;0-377.

CIVIL

colonial times. Under the Duke's Laws there existed a Court of Sessions with both civil and criminal jurisdiction, held three times a year by the resident justices of the peace and the Town Court, held by the constable and at least five overseers of town. The latter court had both legislative and judicial functions, while the former exercised some of the functions of the supervisors.' From 1C83 to 1G91 we have the Court of Oyer and Terminer, with civil, criminal and appellate jurisdiction, held by one judge and three resident justices of the peace ; a Court of Sessions, with civil and criminal jurisdiction and power to audit and levy tlie county and town charg»^s, held twice each year ; and a Town Court, held by three commissioners.