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'''Early structure.''' 1847 was a watershed year in the organization of New York Courts. James D. Folts, the author of ''Duely and Constantly Kept: A History of the New York Supreme Court, 1691-1847 and an Inventory of its Records (Albany, Utica, and Geneva Offices), 1797-1847'',<ref>James D. Folts, ''Duely and Constantly Kept: A History of the New York Supreme Court, 1691-1847 and an Inventory of its Records (Albany, Utica, and Geneva Offices), 1797-1847'' (Albany, New York : New York State Court of Appeals and New York State Archives and Records, 1991).{{WorldCat|23235062|disp=At various libraries (WorldCat)}}; {{FSC|499046|item|disp=FS Library Book 974.7 P2d}}.</ref> offers the following explanation of the pre 1847 court system:<ref>James D. Folts, New York to Gordon L. Remington, e-mail, January 2012. Personal correspondence of Gordon Remington, Salt Lake City, Utah.</ref> <br> | '''Early structure.''' 1847 was a watershed year in the organization of New York Courts. James D. Folts, the author of ''Duely and Constantly Kept: A History of the New York Supreme Court, 1691-1847 and an Inventory of its Records (Albany, Utica, and Geneva Offices), 1797-1847'',<ref>James D. Folts, ''Duely and Constantly Kept: A History of the New York Supreme Court, 1691-1847 and an Inventory of its Records (Albany, Utica, and Geneva Offices), 1797-1847'' (Albany, New York : New York State Court of Appeals and New York State Archives and Records, 1991).{{WorldCat|23235062|disp=At various libraries (WorldCat)}}; {{FSC|499046|item|disp=FS Library Book 974.7 P2d}}.</ref> offers the following explanation of the pre 1847 court system:<ref>James D. Folts, New York to Gordon L. Remington, e-mail, January 2012. Personal correspondence of Gordon Remington, Salt Lake City, Utah.</ref> <br> | ||
{{Block indent|Prior to July 1, 1847, the New York courts were organized largely as they had been during the British colonial period. Common-law actions and proceedings, usually involving demands for payment of debts or damages, or recovery of real or personal property or its value, lay within the jurisdiction of the colony- and statewide Supreme Court of Judicature, established in 1691, and the county courts of common pleas, likewise established in 1691. The Court of Chancery, established in 1683 and reestablished in 1704, had jurisdiction over equity matters, including trusts for legally incompetent persons such as widows and minors, and starting in 1787, over divorce and separation proceedings.}} | |||
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{{Block indent|Criminal jurisdiction over felonies was exercised by the courts of oyer and terminer and courts of general sessions sitting in each county. Criminal jurisdiction over misdemeanors was exercised by courts of special sessions held by justices of the peace in towns and police justices in cities and villages.}} | |||
{{Block indent|The pre-1847 trial court system was distinguished by overlapping jurisdictions and confusing organization. Records of the higher trial courts were maintained on two levels--for the county-level courts by the county clerks, and for the Supreme Court and Court of Chancery by clerks of those courts. The latter category of pre-1847 trial court records (Supreme Court and Court of Chancery) are now in the New York State Archives and the New York County Clerk's Office in Manhattan. Surviving pre-1847 records of the county-level trial courts continue to be maintained by the county clerks.}} | |||
{{Block indent|On July 1, 1847, pursuant to the third New York Constitution, the Supreme Court was reorganized. The Court of Chancery was abolished and its equity and statutory jurisdiction was transferred to the reorganized Supreme Court. Except in New York County, a new County Court was given jurisdiction over felony cases. Records of the county-level trial courts, i.e. the Supreme Court and the County Court, were and still are maintained by the county clerks. The major exception is in New York City, where the county clerks maintain only the civil records of the Supreme Court, while the criminal records of that court are maintained by the court clerks.}} | |||
{{Block indent|Probate jurisdiction has been vested in a separate system of courts since the early British colonial period. Until 1787 the Governor or county "surrogates" performed probate functions and supervised decedent estates. Since 1787 the Surrogate's Court in each county has performed those functions, though between 1778 and 1823 a Court of Probates had jurisdiction over wills and estates of New York residents dying out of state, and of non-New York residents who had property in New York.}} | |||
{{Block indent|Appellate courts and juvenile courts are separate subjects, and equally complicated. As my essay on "courts, state" in the Encyclopedia of New York State (2005) says, "despite several major reorganizations over the past two centuries, New York's system of multilevel, special-purpose, and locally and regionally organized courts is the most complex of any state."}} | |||
{{Block indent|1=James Folts’s essay on "courts, state" in the ''Encyclopedia of New York State'' (2005) says, "despite several major reorganizations over the past two centuries, New York's system of multilevel, special-purpose, and locally and regionally organized courts is the most complex of any state."<ref>James D. Folts, "courts, state" in Peter R. Eisenstadt, and Laura-Eve Moss, eds., ''Encyclopedia of New York State'' (Syracuse, N.Y.: Syracuse University Press, 2005), 416. {{WorldCat|57506556|disp=At various libraries (WorldCat)}}; {{FSC|1354150|item|disp=FS Library Book 974.7 A5en}}.</ref>|2=1}} | |||
== Types of Criminal Courts == | == Types of Criminal Courts == | ||
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'''1638–1664:''' Director General and Council of New Netherland was the highest court and governing body in New Netherland.<br> | '''1638–1664:''' Director General and Council of New Netherland was the highest court and governing body in New Netherland.<br> | ||
{{Block indent|1=There are three published volumes for 1638–1660: Van Laer, Arnold J. F. ''Register of the Provincial Secretary; Council Minutes.'' (Baltimore, Maryland: Genealogical Publishing Company,1974.) {{WorldCat|11574669|disp=At various libraries (WorldCat)}}; {{FSC|196619|item|disp=FS Library Book 974.7 H2vL}}. Each volume is indexed. The records for 1649–1651 have been lost. Remaining records give genealogical information about many early immigrants. <br><br>|2=2}} | |||
'''1653–1674:''' Courts of schouts and schepens were the Dutch courts having criminal and civil jurisdiction. These were replaced by the mayor's court.<br> | '''1653–1674:''' Courts of schouts and schepens were the Dutch courts having criminal and civil jurisdiction. These were replaced by the mayor's court.<br> | ||
{{Block indent|1=Records of these courts are found in Edmund Bailey O'Callaghan, translator, and Berthold Fernow, editor, ''The Records of New Amsterdam from 1653 to 1674 Anno Domini'', Seven Volumes. (1897; reprint, Baltimore, Maryland: Genealogical Publishing Company, 1976). {{WorldCat|2222067|disp=At various libraries (WorldCat)}}; {{FSC|259195|item|disp=FS Library Book 974.71 P2f 1976 Volumes 1–4 and FS Library Film 982184}}; Volumes 5–7 on {{FSC|259195|item|disp=FS Library Film 982187, items 1–3}}. The index is in volume 7. Immigrants and their occupations are sometimes listed.<br>Digitized version available through FamilySearch Catalog entry.|2=2}} | |||
'''1664–1688:''' Colony of New York records are found in: Christoph, Peter, editor. ''New York Historical Manuscripts''. English. Baltimore, Maryland: Genealogical Publishing, Incorporated, 1980. {{WorldCat|6570523|disp=At various libraries (WorldCat)}}; {{FSC|32248|item|disp=FS Library Book 974.7 H2ny Volumes 2–3}}. Volume 2: ''Books of General Entries of the Colony of New York, 1664–1673''. {{WorldCat|123194563|disp=At various libraries (WorldCat)}} Volume 3: ''Books of General Entries of the Colony of New York, 1674–1688''. {{WorldCat|123194556|disp=At various libraries (WorldCat)}}. These books list some marriages, divorces, denizations, passports, and court decisions. <br> | '''1664–1688:''' Colony of New York records are found in: Christoph, Peter, editor. ''New York Historical Manuscripts''. English. Baltimore, Maryland: Genealogical Publishing, Incorporated, 1980. {{WorldCat|6570523|disp=At various libraries (WorldCat)}}; {{FSC|32248|item|disp=FS Library Book 974.7 H2ny Volumes 2–3}}. Volume 2: ''Books of General Entries of the Colony of New York, 1664–1673''. {{WorldCat|123194563|disp=At various libraries (WorldCat)}} Volume 3: ''Books of General Entries of the Colony of New York, 1674–1688''. {{WorldCat|123194556|disp=At various libraries (WorldCat)}}. These books list some marriages, divorces, denizations, passports, and court decisions. <br> | ||
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'''1665–1683:''' Court of Assizes was the highest provincial court. It was established in New York City, hearing both civil and criminal cases. Along with the Court of general sessions of the peace, the Court of Assizes had jurisdiction over probates.<br> | '''1665–1683:''' Court of Assizes was the highest provincial court. It was established in New York City, hearing both civil and criminal cases. Along with the Court of general sessions of the peace, the Court of Assizes had jurisdiction over probates.<br> | ||
{{Block indent|1=The records for 1665–1682 have been published as Christoph, Peter R. and Florence A. Christoph, editors, ''New York Historical Manuscripts: English. Records of the Court of Assizes for the Colony of New York, 1665–1682'' (Baltimore, Maryland: Genealogical Publishing Company, 1983). {{WorldCat|10437309|disp=At various libraries (WorldCat)}}; {{FSC|32248|item|disp=FS Library Book 974.7 H2ny, v. 4}}. <br>|2=2}} | |||
'''1665–1962:''' Courts of general sessions of the peace were county courts having jurisdiction over criminal cases such as desertions, vice, apprenticeship disputes, bastardy, and other violations of vice and immorality laws. These courts handled probate matters from 1665 to about 1683. They heard only criminal cases after 1691. Their jurisdiction was transferred to the county court in 1847, except in New York County where the courts of general sessions of the peace continued until 1962.<br> | '''1665–1962:''' Courts of general sessions of the peace were county courts having jurisdiction over criminal cases such as desertions, vice, apprenticeship disputes, bastardy, and other violations of vice and immorality laws. These courts handled probate matters from 1665 to about 1683. They heard only criminal cases after 1691. Their jurisdiction was transferred to the county court in 1847, except in New York County where the courts of general sessions of the peace continued until 1962.<br> | ||
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Criminal cases were usually brought against an individual by the government whose laws were broken. Prior to the revolution, such cases would be entered as “The King (or Queen) vs. John Doe.” After the Revolution, the phrase changed to “The People of the State of New York vs. John Doe; “The People vs. John Doe,” or even “The State of New York vs. John Doe.” | Criminal cases were usually brought against an individual by the government whose laws were broken. Prior to the revolution, such cases would be entered as “The King (or Queen) vs. John Doe.” After the Revolution, the phrase changed to “The People of the State of New York vs. John Doe; “The People vs. John Doe,” or even “The State of New York vs. John Doe.” | ||
{{Block indent|1=Some early quarter sessions records have been published in Kenneth Scott, editor, ''New York City Court Records, 1684–1804, Genealogical Data from the Court of Quarter Sessions'', Four Volumes. (Arlington, Virginia: National Genealogical Society, 1982–88). 1684–1760:{{WorldCat|8823698|disp=At various libraries (WorldCat)}} {{FSC|336812|item|disp=FS Library Book 974.71 P2s}}; 1760–1797: {{WorldCat|9783754|disp=At various libraries (WorldCat)}}; {{FSC|336842|item|disp=FS Library Book 974.71 P2sk}};1797–1801: {{WorldCat|17506557|disp=At various libraries (WorldCat)}}; {{FSC|638687|item|disp=FS Library Book 974.71 P2sb}}, and 1801–1804: {{WorldCat|17549329|disp=At various libraries (WorldCat)}};{{FSC|638691|item|disp= FS Library Book 974.71 P2sc}}. Records contain lists of persons involved in cases of stealing, assault, battery, and illegitimacy. <br><br>|2=2}} | |||
'''1674–1784:''' Mayor's court existed in New York City and Albany. It handled civil suits, apprenticeships, and naturalizations. Early records are in Kenneth Scott, editor, ''New York Historical Manuscripts. Minutes of the Mayor's Court of New York, 1674–1675 ''(Baltimore, Maryland: Genealogical Publishing Company, 1983). {{WorldCat|10437330|disp=At various libraries (WorldCat)}}; {{FSC|743756|item|disp=FS Library Book 974.71 P29s}}. This book lists probates, marriages, lawsuits, licenses, names of freemen, and persons taking allegiance oaths. The Mayor's court of Albany was established in 1686 and continued during the colonial period. The records are at the [http://www.albanycounty.com/achor/ Albany County Hall of Records]: See [http://www.albanycounty.com/uploadedFiles/_HistoricalRecords.pdf Historical Records] index.<br> | '''1674–1784:''' Mayor's court existed in New York City and Albany. It handled civil suits, apprenticeships, and naturalizations. Early records are in Kenneth Scott, editor, ''New York Historical Manuscripts. Minutes of the Mayor's Court of New York, 1674–1675 ''(Baltimore, Maryland: Genealogical Publishing Company, 1983). {{WorldCat|10437330|disp=At various libraries (WorldCat)}}; {{FSC|743756|item|disp=FS Library Book 974.71 P29s}}. This book lists probates, marriages, lawsuits, licenses, names of freemen, and persons taking allegiance oaths. The Mayor's court of Albany was established in 1686 and continued during the colonial period. The records are at the [http://www.albanycounty.com/achor/ Albany County Hall of Records]: See [http://www.albanycounty.com/uploadedFiles/_HistoricalRecords.pdf Historical Records] index.<br> | ||
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'''1683–1847:''' The Court of Chancery had statewide jurisdiction over civil equity matters, such as mortgage foreclosures, real property proceedings, sale of estates in dower and curtesy, naturalizations, matrimonial disputes, divorces, guardianships, and child custody. It absorbed the court of probate and had appellate jurisdiction over surrogate's courts. After 1847 equity responsibilities were assigned to the Supreme Court.<br> | '''1683–1847:''' The Court of Chancery had statewide jurisdiction over civil equity matters, such as mortgage foreclosures, real property proceedings, sale of estates in dower and curtesy, naturalizations, matrimonial disputes, divorces, guardianships, and child custody. It absorbed the court of probate and had appellate jurisdiction over surrogate's courts. After 1847 equity responsibilities were assigned to the Supreme Court.<br> | ||
{{Block indent|The Supreme Court of Judicature met in Albany, with Courts of Appeal met in New York City, Utica, and Geneva. The records for the Court of Appeal in New York City are maintained by the [http://www.nycourts.gov/supctmanh/county_clerk_operations.htm New York County Clerk's Office], while those of Albany, Utica and Geneva are at the [http://www.archives.nysed.gov/aindex.shtml State Archives] in Albany.<br><br>|2}} | |||
{{Block indent|1=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>|2=2}} | |||
'''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> | '''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> | ||
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