Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. I. Albany: Weed, Parsons and Co., 1849. / Passage

Documentary History of the State of New York, Vol. I

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. I. Albany: Weed, Parsons and Co., 1849. 295 words

The Clerk's Office of the Supreme Court has always been held as an Appendage to that of the Secretary of the Province.

There is also in each County an Inferior Court of Common Pleas, which has the Cognizance of all actions real, personal & mixed, where the matter in demand is above £5. in value.

--The practice of --Their Erthese Courts is a mixture between the Kings Bench and Common Pleas at Westminster. rors are corrected in the first Instance by Writ of Error brought into the

Judges hold their offices during pleasure.

--The Clerks of these Courts

Supreme Court

;

and the

also hold their offices during

pleasure and are appointed by the Governor, except the Clerk of Albany who is appointed under the

King's Mandate. Besides these Courts the Justices of peace are by Act of Assembly empowered to try all causes to the amount of £5. Currency, (except where the Crown shall come into Question

jury of Six Men

--

;

is

concerned or where the Title of Lands

--and Actions of Slander) but the

If wrong

is

parties may either of them demand a done to either party, the person injured may have a Certiorari from

the Supreme Court, tho' the remedy is very inadequate.

-- --

The Courts of Criminal Jurisdiction are Correspondent to those in England. The Supreme Court exercises it in the City of New York, as the King's Bench does at Westminster. The Judges when they go the Circuit have a Commission of Oyer and Terminer and General Goal Delivery and there are Courts of Sessions held by the Justices of the peace the powers of which and their proceedings correspond with the like Courts in England. The Office of Clerk of the Sessions, is invariably con;