Documentary History of the State of New York, Vol. I
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;
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nected with that of the Clerk of the Inferior Court of Common Pleas in the respective Counties.
By acts of the Provincial Legislature the Justices of the Peace have an extraordinary Jurisdiction with respect to some offences by which any three Justices, (one being of the Quorum) where the offender does not find Bail in 48 Hours after being in the Custody of the Constable, may try the party without any
or a jury, for any offence under the Degree of Grand Larceny; and inflict any
punishment for these small offences at their Discretion, so that it exceeds [qy ? extends] not to Life And any three Justices of the Peace (one being of the Quorum) and Five Freeholders or Limb. have power without a Grand or Petty Jury to proceed against and try in a Summary Way, Slave s offending in certain cases, and punish them even with death.
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The Duty of His Majesty's Attorney General of the Province is similar to the Duty of that Officer in England, and the Master of the Crown Office He is appointed by the Crown during Pleasure, and :