New York Court Records: Difference between revisions

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'''1638–1664:''' Director General and Council of New Netherland was the highest court and governing body in New Netherland.  
'''1638–1664:''' Director General and Council of New Netherland was the highest court and governing body in New Netherland.  


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 (Family History Library&nbsp;book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=196619&disp=Register+of+the+Provincial+Secretary+%3B%20%20&columns=*,0,0 974.7 H2vL<span id="fck_dom_range_temp_1224191898774_493" />]). Each volume is indexed. The records for 1649–1651 have been lost. Remaining records give genealogical information about many early immigrants.  
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 (Family History Library&nbsp;book {{FHL|196619|title-id|disp=974.7 H2vL<span id="fck_dom_range_temp_1224191898774_493" />}}). Each volume is indexed. The records for 1649–1651 have been lost. Remaining records give genealogical information about many early immigrants.  


'''1653–1674:''' Courts of schouts and schepens were the Dutch courts having criminal and civil jurisdiction. These were replaced by the mayor's court.  
'''1653–1674:''' Courts of schouts and schepens were the Dutch courts having criminal and civil jurisdiction. These were replaced by the mayor's court.  


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; Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=212480&disp=The+Records+of+New+Amsterdam+from+1653+t%20%20&columns=*,0,0 974.71 P2f] 1976; Volumes 1–4 on film [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=259195&disp=The+Records+of+New+Amsterdam+from+1653+t++ 982184]; Volumes 5–7 on film [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=259195&disp=The+Records+of+New+Amsterdam+from+1653+t++ 982187]). The index is in volume 7. Immigrants and their occupations are sometimes listed.  
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; Family History Library book {{FHL|212480|title-id|disp=974.71 P2f}} 1976; Volumes 1–4 on film {{FHL|259195|title-id|disp=982184}}; Volumes 5–7 on film {{FHL|259195|title-id|disp=982187}}). The index is in volume 7. Immigrants and their occupations are sometimes listed.  


'''1664–1688:''' Colony of New York records are found in: Christoph, Peter, editor. ''New York Historical Manuscripts''. English. Baltimore, Maryland: Genealogical Publishing, Incorporated, 1980– (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=32248&disp=New+York+historical+manuscripts%2C+Engli%20%20&columns=*,0,0 974.7 H2ny] Volumes 2–3). Volume 2, ''Books of General Entries of the Colony of New York, 1664–1673''. Volume 3, ''Books of General Entries of the Colony of New York, 1674–1688''. These books list some marriages, divorces, denizations, passports, and court decisions.  
'''1664–1688:''' Colony of New York records are found in: Christoph, Peter, editor. ''New York Historical Manuscripts''. English. Baltimore, Maryland: Genealogical Publishing, Incorporated, 1980– (Family History Library book {{FHL|32248|title-id|disp=974.7 H2ny}} Volumes 2–3). Volume 2, ''Books of General Entries of the Colony of New York, 1664–1673''. Volume 3, ''Books of General Entries of the Colony of New York, 1674–1688''. These books list some marriages, divorces, denizations, passports, and court decisions.  


'''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.  
'''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.  


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; Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=974.7+H2ny 974.7 H2ny] v. 4). The records contain appeals, some probates, and divorce records.  
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; Family History Library book {{FHL|974.7 H2ny|disp=974.7 H2ny}} v. 4). The records contain appeals, some probates, and divorce records.  


'''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.  
'''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.  


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; Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=336812&disp=New+York+City+court+records%2C+1684%2D17%20%20&columns=*,0,0 974.71 P2s]; book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=336842&disp=New+York+City+court+records%2C+1760%2D17%20%20&columns=*,0,0 974.71 P2sk]; book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=authordetails&authorno=423977&name=New+York%2E+Court+of+General+Sessions+%28New+York+City%29%2C+null&columns=*,0,0 974.71 P2sb], and book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=authordetails&authorno=423977&name=New+York%2E+Court+of+General+Sessions+%28New+York+City%29%2C+null&columns=*,0,0 974.71 P2sc]). Records contain lists of persons involved in cases of stealing, assault, battery, and illegitimacy.  
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; Family History Library book {{FHL|336812|title-id|disp=974.71 P2s}}; book {{FHL|336842|title-id|disp=974.71 P2sk}}; book {{FHL|423977|author-id|disp=974.71 P2sb}}, and book {{FHL|423977|author-id|disp=974.71 P2sc}}). Records contain lists of persons involved in cases of stealing, assault, battery, and illegitimacy.  


'''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; Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=32248&disp=New+York+historical+manuscripts%2C+Engli%20%20&columns=*,0,0 974.7 H2ny v]. 5). 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 Albany County Hall of Records.  
'''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; Family History Library book {{FHL|32248|title-id|disp=974.7 H2ny v}}. 5). 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 Albany County Hall of Records.  


'''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 Family History Library has some records of the courts of common pleas.  
'''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 Family History Library has some records of the courts of common pleas.  
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The Family History 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.  
The Family History 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.  


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; Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=364569&disp=List+of+pre%2D1847+court+records+in+the+%20%20&columns=*,0,0 974.7 A1] number 316). These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest.  
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; Family History Library book {{FHL|364569|title-id|disp=974.7 A1}} number 316). These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest.  


=== Federal Courts  ===
=== Federal Courts  ===
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To determine the correct district court for the area where your ancestor lived, call the District Court office in one of the counties of that region. A helpful reference book which has detailed information is:  
To determine the correct district court for the area where your ancestor lived, call the District Court office in one of the counties of that region. A helpful reference book which has detailed information is:  


''Sourcebook of Federal Courts, U. S. District and Bankruptcy''. Tempe, Arizona: BRB Publications, Incorporated, 1993. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=693434&disp=The+Sourcebook+of+federal+courts%2C+U%2E%20%20&columns=*,0,0 973 P2fc].)  
''Sourcebook of Federal Courts, U. S. District and Bankruptcy''. Tempe, Arizona: BRB Publications, Incorporated, 1993. (Family History Library book {{FHL|693434|title-id|disp=973 P2fc}}.)  


Records at the National Archives—Northeast Region include:  
Records at the National Archives—Northeast Region include:  
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U.S. Court of Appeals (known as U.S. Circuit Courts of Appeals from 1891–1948) records are at the National Archives—Northeast Region but are not available on microfilm.  
U.S. Court of Appeals (known as U.S. Circuit Courts of Appeals from 1891–1948) records are at the National Archives—Northeast Region but are not available on microfilm.  


These District and Circuit Court records are not available at the Family History Library. For more information about New York court procedures, see Alden Chester, ''Courts and Lawyers of New York, a History, 1609–1925'' (New York, New York: American Historical Society, 1925; Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=189707&disp=Courts+and+lawyers+of+New+York%20%20&columns=*,0,0 974.7 P2c] vols. 1–3; fiche [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=189707&disp=Courts+and+lawyers+of+New+York++ 6100435–37].)  
These District and Circuit Court records are not available at the Family History Library. For more information about New York court procedures, see Alden Chester, ''Courts and Lawyers of New York, a History, 1609–1925'' (New York, New York: American Historical Society, 1925; Family History Library book {{FHL|189707|title-id|disp=974.7 P2c}} vols. 1–3; fiche {{FHL|189707|title-id|disp=6100435–37}}.)  


Kronman, Barbara. ''The Guide to New York City Public Records'', Fourth Edition. New York, New York: Public Interest Clearinghouse, 1992. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=640284&disp=The+guide+to+New+York+City+public+record%20%20&columns=*,0,0 974.71 A3k].) Includes chapters on city government, courts, libraries, and personal information. Shows how to obtain vital records, name change records, and naturalizations.  
Kronman, Barbara. ''The Guide to New York City Public Records'', Fourth Edition. New York, New York: Public Interest Clearinghouse, 1992. (Family History Library book {{FHL|640284|title-id|disp=974.71 A3k}}.) Includes chapters on city government, courts, libraries, and personal information. Shows how to obtain vital records, name change records, and naturalizations.  


== References  ==
== References  ==
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