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New York Court Records: Difference between revisions

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=== Online Resources ===
=== Online Resources ===
*[https://www.ancestry.com/search/collections/61791/ '''1648-1848''' - New York State, Card Index to Supreme Court and Court of Chancery Documents]- index and images- at Ancestry ($)
*[https://www.ancestry.com/search/collections/61791/ '''1648-1848''' - New York State, Card Index to Supreme Court and Court of Chancery Documents]- index & images- at Ancestry ($)
*[http://search.ancestry.com/search/db.aspx?dbid=12896 The records of New Amsterdam from 1653 to 1674 anno Domini], ($), index/images  
*[http://search.ancestry.com/search/db.aspx?dbid=12896 The records of New Amsterdam from 1653 to 1674 anno Domini]($), index & images  
*[http://search.ancestry.com/search/db.aspx?dbid=1615 New York, Selected Mayor's Court Cases, 1674-1860], ($), index/images  
*[http://search.ancestry.com/search/db.aspx?dbid=1615 New York, Selected Mayor's Court Cases, 1674-1860]($), index & images  
*[http://search.ancestry.com/search/db.aspx?dbid=1248 U.S. Circuit Court Criminal Case Files, 1790-1871] ($), images, with case files for Southern District of New York, 1790-1853.  
*[http://search.ancestry.com/search/db.aspx?dbid=1248 U.S. Circuit Court Criminal Case Files, 1790-1871] ($), images, with case files for Southern District of New York, 1790-1853.  
*[http://search.ancestry.com/search/db.aspx?dbid=8870 New York, Governor's Registers of Commitments to Prisons, 1842-1908], ($), index/images  
*[http://search.ancestry.com/search/db.aspx?dbid=8870 New York, Governor's Registers of Commitments to Prisons, 1842-1908]($), index & images  
*[http://search.ancestry.com/search/db.aspx?dbid=9060 New York, Executive Orders for Commutations, Pardons, Restorations and Respites, 1845-1931], index/images New York, Discharges of Convicts, 1882-1915
*[http://search.ancestry.com/search/db.aspx?dbid=9060 New York, Executive Orders for Commutations, Pardons, Restorations and Respites, 1845-1931], index & images New York, Discharges of Convicts, 1882-1915


=== Value  ===
=== Value  ===
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::The ''Records of the New York Court of Chancery, 2nd through 8th Circuits, 1823–47'', are now at the [http://www.archives.nysed.gov/aindex.shtml State Archives]. ''The Records of the New York Court of Chancery, 1st Circuit, 1823–47'', which sat in New York, are at the New York County Courthouse, [http://www.nycourts.gov/supctmanh/county_clerk_operations.htm Office of the County Clerk]. They contain decrees, files, indexes, minutes, and orders. The FamilySearch Library has some of these for the first circuit, including minutes, 1711–1847 {{FSC|188534|item|disp=FS Library Film 590389 (28 films)}}; indexes, 1700–1848 {{FSC|428656|item|disp=FS Library Film 1204888 (18 films)}}; and records, 1787–1910 {{FSC|393129|item|disp=FS Library Film 1021238 (17 films)}}. <br><br>
::The ''Records of the New York Court of Chancery, 2nd through 8th Circuits, 1823–47'', are now at the [http://www.archives.nysed.gov/aindex.shtml State Archives]. ''The Records of the New York Court of Chancery, 1st Circuit, 1823–47'', which sat in New York, are at the New York County Courthouse, [http://www.nycourts.gov/supctmanh/county_clerk_operations.htm Office of the County Clerk]. They contain decrees, files, indexes, minutes, and orders. The FamilySearch Library has some of these for the first circuit, including minutes, 1711–1847 {{FSC|188534|item|disp=FS Library Film 590389 (28 films)}}; indexes, 1700–1848 {{FSC|428656|item|disp=FS Library Film 1204888 (18 films)}}; and records, 1787–1910 {{FSC|393129|item|disp=FS Library Film 1021238 (17 films)}}. <br><br>


'''1683–1895:''' The court of oyer and terminer and general gaol delivery was a county court that had jurisdiction over capital crimes such as treason and murder. The FamilySearch Library has some records of the court of oyer and terminer and general gaol delivery. To see if they are available in the FS Library, search in the [https://familysearch.org/catalog-search FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The Court of Oyer and Terminer or the Court of General Gaol records will be listed under that topic. An example is the minutes of the Court of Oyer and Terminer found for St. Lawrence County, New York: {{FSC|138034|item|disp=FS Library Film 1304693 Item 5}} <br>  
'''1683–1895:''' The court of oyer and terminer and general gaol delivery was a county court that had jurisdiction over capital crimes such as treason and murder. The FamilySearch Library has some records of the court of oyer and terminer and general gaol delivery. To see if they are available in the FS Library, search in the [https://www.familysearch.org/search/catalog FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The Court of Oyer and Terminer or the Court of General Gaol records will be listed under that topic. An example is the minutes of the Court of Oyer and Terminer found for St. Lawrence County, New York: {{FSC|138034|item|disp=FS Library Film 1304693 Item 5}} <br>  


'''1686–1877:'''The Prerogative Court was headed by the governor or his delegate. It had jurisdiction over all estates in the New York City area and over larger estates elsewhere in New York Colony. The court also registered marriage licenses but did not possess jurisdiction over matrimonial proceedings like divorces. The constitution of 1777 replaced this court with the court of probates. <br>  
'''1686–1877:'''The Prerogative Court was headed by the governor or his delegate. It had jurisdiction over all estates in the New York City area and over larger estates elsewhere in New York Colony. The court also registered marriage licenses but did not possess jurisdiction over matrimonial proceedings like divorces. The constitution of 1777 replaced this court with the court of probates. <br>  


'''1691–1847:''' Courts of common pleas were established in each city and county to handle civil cases such as marriages, naturalizations, name changes, probates, exemptions from military duty, lunacy cases, tavern licenses, insolvency cases, old age assistance, manumissions, laying of roads, insolvency, settlement of boundary disputes, and child support and custody. They handled appeals from justices of the peace. The court was replaced by the county court. In New York City, the court of common pleas and the superior court were abolished in 1895 and their activities taken over by the supreme court. The FamilySearch Library has some records of the courts of common pleas. Search in the [https://familysearch.org/catalog-search FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The Court of Common Pleas records will be listed under that topic. An example is the minutes of the court of Common Pleas found for Montgomery County, New York: {{FSC|187552|item|disp=FS Library Film 513997}}<br>  
'''1691–1847:''' Courts of common pleas were established in each city and county to handle civil cases such as marriages, naturalizations, name changes, probates, exemptions from military duty, lunacy cases, tavern licenses, insolvency cases, old age assistance, manumissions, laying of roads, insolvency, settlement of boundary disputes, and child support and custody. They handled appeals from justices of the peace. The court was replaced by the county court. In New York City, the court of common pleas and the superior court were abolished in 1895 and their activities taken over by the supreme court. The FamilySearch Library has some records of the courts of common pleas. Search in the [https://www.familysearch.org/search/catalog FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The Court of Common Pleas records will be listed under that topic. An example is the minutes of the court of Common Pleas found for Montgomery County, New York: {{FSC|187552|item|disp=FS Library Film 513997}}<br>  


'''1691–present:''' The Supreme Court is a statewide court which holds terms in each county. Since 1847, it has heard appeals from the surrogates court. Only in some counties today, usually the largest ones, does the court handle naturalizations. The county clerk is also clerk of the supreme court. The FamilySearch Library has some supreme court records, including New York County pleading indexes for 1754–1910 {{FSC|428663|item|disp=FS Library Film 1204906 (39 Films)}}and minute books for 1704–1847 {{FSC|380857|item|disp=FS Library Film 1018632 (19 Films)}}. The minutes for the years 1693–1701 have been published in ''Collections of the New-York Historical Society''. New York, New York: the Society, 1957–1959.  <br>  
'''1691–present:''' The Supreme Court is a statewide court which holds terms in each county. Since 1847, it has heard appeals from the surrogates court. Only in some counties today, usually the largest ones, does the court handle naturalizations. The county clerk is also clerk of the supreme court. The FamilySearch Library has some supreme court records, including New York County pleading indexes for 1754–1910 {{FSC|428663|item|disp=FS Library Film 1204906 (39 Films)}}and minute books for 1704–1847 {{FSC|380857|item|disp=FS Library Film 1018632 (19 Films)}}. The minutes for the years 1693–1701 have been published in ''Collections of the New-York Historical Society''. New York, New York: the Society, 1957–1959.  <br>  
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'''1821–present:''' Circuit courts were the trial terms of the supreme court. The term "circuit court" was not used after 1895. Since 1896, the supreme court has held trial terms periodically in each county.<br>  
'''1821–present:''' Circuit courts were the trial terms of the supreme court. The term "circuit court" was not used after 1895. Since 1896, the supreme court has held trial terms periodically in each county.<br>  


'''1847–present:''' County courts are the major trial courts for each county with jurisdiction over criminal matters, minor equity cases, and some appeals. They assumed the duties of the court of common pleas. The FamilySearch Library has some records. The FamilySearch Library has some records of the county courts. Search in the [https://familysearch.org/catalog-search FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The County Court records will be listed under that topic. An example is the records of the County Court for Jefferson County, New York: {{FSC|394388|item|disp=FS Library Film 1016857 Item 1 (4 Films)}} <br>  
'''1847–present:''' County courts are the major trial courts for each county with jurisdiction over criminal matters, minor equity cases, and some appeals. They assumed the duties of the court of common pleas. The FamilySearch Library has some records. The FamilySearch Library has some records of the county courts. Search in the [https://www.familysearch.org/search/catalog FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The County Court records will be listed under that topic. An example is the records of the County Court for Jefferson County, New York: {{FSC|394388|item|disp=FS Library Film 1016857 Item 1 (4 Films)}} <br>  


=== Records at County Courthouses  ===
=== Records at County Courthouses  ===


Most county and district court records are at local courthouses. Surrogate's court records are kept in separate offices. The New York State Archives has many pre-1847 supreme court and chancery court records, described in New York State Archives, ''List of Pre-1847 Court Records in the State Archives'' (Albany, New York: Office of Cultural Education, 1984.) {{WorldCat|13687937|disp=At various libraries (WorldCat)}};{{FSC|364569|item|disp= FS Library Book 974.7 A1 no. 316}}. These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest. <br>  
Most county and district court records are at local courthouses. Surrogate's court records are kept in separate offices. The New York State Archives has many pre-1847 supreme court and chancery court records, described in New York State Archives, ''List of Pre-1847 Court Records in the State Archives'' (Albany, New York: Office of Cultural Education, 1984.) Available online at [https://www.genealogycenter.info/search_nycourtrecords.php ACPL]; {{WorldCat|13687937|disp=At various libraries (WorldCat)}}; {{FSC|364569|item|disp= FS Library Book 974.7 A1 no. 316}}. These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest. <br>  


“Lis pendens” is a recorded notice that title to property, both real and personal, is subject to litigation and serves as a warning to a prospective buyer. This type of court record exists in most states after 1800, but the FS Library collection for New York State catalogs it separately. For further information on lis pendens in general, see Kip Sperry, “Lis Pendens as a U.S. Genealogical Source,” Genealogical Journal, 2(June 1973):51-53. {{WorldCat|2250993|disp=At various libraries (WorldCat)}}; {{FSC|244938|item|disp=FS Library Book 973 D25gj}}. Explains a record that the FamilySearch Library has for many New York Counties. <br>  
“Lis pendens” is a recorded notice that title to property, both real and personal, is subject to litigation and serves as a warning to a prospective buyer. This type of court record exists in most states after 1800, but the FS Library collection for New York State catalogs it separately. For further information on lis pendens in general, see Kip Sperry, “Lis Pendens as a U.S. Genealogical Source,” Genealogical Journal, 2(June 1973):51-53. {{WorldCat|2250993|disp=At various libraries (WorldCat)}}; {{FSC|244938|item|disp=FS Library Book 973 D25gj}}. Explains a record that the FamilySearch Library has for many New York Counties. <br>  


The FamilySearch Library has microfilmed only a small portion of the available New York court records. The library has some records of courts of common pleas, courts of general sessions, county courts, courts of oyer and terminer, chancery court, supreme court, lis pendens, divisions of estates, and surrogate's court probates and guardianships. <br>  
The FamilySearch Library has microfilmed only a small portion of the available New York court records. The library has some records of courts of common pleas, courts of general sessions, county courts, courts of oyer and terminer, chancery court, supreme court, lis pendens, divisions of estates, and surrogate's court probates and guardianships. <br>


=== Federal Courts  ===
=== Federal Courts  ===
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