court of conciliation. This tribunal had moreover a regular system of. pleading by declaration, plea and rejoinder; it took the depositions of witnesses, issued commissions for the examination of witnesses beyond the jurisdiction of the court on interrogatories and cross-interrogatories, entered judgments which directed the sale of goods by the officer of the court (the bidding upon the sale being regulated by the time a lighted candle should burn), and levy upon and sale of real property. The origin of the fee bill is also traced to Stuyvesant.1

In 1664 the Province was surrendered to the English, under Nicholls; it, with other territory, having been granted March 12th, in the above year, by Charles II to his brother, the Duke of York.2 The latter's father-in-law, the Earl of Clarendon, as is supposed, framed a code of laws for the government of the Province. Under this code (called "The Duke's Laws") courts were established; the principal one of which was the Court of Assize, held once a year by the Governor and Council, together with the Justices of the Peace throughout the Province that wished to attend. It had original jurisdiction in criminal matters, and in those civil and equitable of twenty pounds and upwards; held trials by jury, and to it lay appeals from the inferior courts.

In 1683 the General Assembly, by an act "to settle courts of justice," erected four courts, viz.: A monthly court in every town, held by three persons commissioned for the purpose, for determining cases of debt and trespass of forty shillings or under, which were tried without a jury, unless one was desired by the plaintiff or defendant.

Secondly. A Court of Sessions in each of the twelve counties of the Province, to be held twice a year; except in the county of Albany and city and county of New York, to be held in the former three times and in the latter four times a year. In Dukes and Cornwall counties (surrendered to Massachusetts soon after

1 Daly's History of the Judicial Organization of the State.

• Charles made a new grant of this territory, June 29, 1674, to the Duke to prevent doubts as to the latter's title.

3 See Daly's History. The code is in vol. 1 New York Historical Society Collections.

• Smith's History of New York (Carey's ed.), 43.

1693), the times for holding the said court were to be appointed by the Governor and Council.

This court was held by the justices of the peace, or three of them, of the respective counties, except in the city of New York, where it was held by the mayor and four aldermen. It determined all causes, civil and criminal, by a jury, and to it belonged a clerk to draw, enter and keep the records of the pleadings, and a marshal or crier.

Thirdly. A Court of Oyer and Terminer, held in the respective counties, composed of one judge, assisted by four of the justices of the peace of each county commissioned for that purpose. In the city of New York, the mayor, recorder and four aldermen were associated with the judge. It had cognizance of all causes, capital, criminal or civil, and trials at common law, and of actions for five pounds or upwards removed there; and possessed general appellate jurisdiction over the inferior courts.

The act lastly erected a Court of Chancery, which has been described.

In 1688 Lieutenant-Governor Francis Nicholson was left in charge of the Colony, Governor Dongan having been recalled.

The accession of William and Mary to the throne in January, 1689, instituted a new order of things in the Province. Nicholson refusing to proclaim the two sovereigns, Jacob Leisler seized the government in their name and held it until 1691. In January of that year, Governor Sloughter, under a commission from William and Mary, arrived. Leisler, Jacob Milbourne (his son-in-law), and others who had formed his council, were imprisoned.

On the twenty-fourth of March, the Governor and Council ordered for the trial of the prisoners a special Oyer and Terminer, directed to the Judges, which the Governor named with Sir Robert Robertson, Col. Wm. Smith, Wm. Pinhorne and John Lawrence, Esqs., Capt. Jasper Hicks, Maj. Richard Ingoldsby, Col. John Young and Capt. Isaac Arnold, they or any six of them, one of the Judges always being one, to proceed in the said court.1

On the thirtieth of March, the Governor and Council appointed Col. Nicholas Bayard, Stephen Van Cortlandt and Wm. Pinhorne

Life of Leisler by C. F. Hoffman (Sparks' Am. Biog., 3, 2d series); Doc. Hist., 2, 362.

to prepare evidence against the prisoners, and Wm. Nicholls, James Emmott and George Farewell were assigned as the Crown's Council.

Chief Justice Dudley presided in the court.

rior prisoners were convicted of high treason. ever, subsequently reprieved.

Six of the infeThey were, how

Leisler and Milbourne vainly excepted to the Governor's power to institute a court for judging a predecessor. Leisler then refused, after having fruitlessly appealed to the Crown, to plead to the charge of high treason preferred against him. The jury, however, convicted him and Milbourne of the charge. The Governor, hesitating to order the execution, was invited to a feast, and prevailed upon, while overcome with intoxication, to sign the death warrant. Before he recovered his reason, Leisler and Milbourne were executed, both on the same scaffold. This was on the 16th of May, 1691.

1

Sloughter being authorized in his commission so to do, convened a General Assembly, which met on the 9th of April, 1691, and continued until the 18th of the succeeding May."

1 Chandler's American Trials, 1, 263.

* Seventeen members composed this body. The laws made by it were considered paramount to all others in the Province. The compilers of the laws of 1752 (Livingston and Smith) were directed to commence at this Assembly. Smith (Carey's ed.), 87, 88.

The number of seventeen became enlarged at the subsequent elections, until it reached that of twenty-seven. In 1774 the Assembly was composed of thirty-one members. Tryon's Report on the Province, 4 Doc. Hist. (4to), 511.

Previous to 1743, the members were elected for no definite time, and new elections were held whenever the Governor dissolved the Assembly. Sometimes a few months or a year intervened between the elections, but generally they were held every two years until 1716, when the General Assembly then elected continued from June 5th of that year, until August 10th, 1726; over ten years. Four General Assemblies then succeeded, the last ending May 3d, 1737. On the 15th June following, a new House met. Great dissatisfaction had for years existed among the Colonists at the long continuance of the Assemblies, and efforts had been made for more frequent elections, which were foiled by Governor Cosby. On the 16th of December of the above year, however, a bill providiing for triennial elections, having passed the House and Council, was sanctioned by Lieutenant-Governor Clarke. The latter sent the bill with a written recommendation to the King, but the Lords of Trade urged its repeal, on the ground of infringement of the Crown's right to call and dissolve the Assembly, and on the 30th November, 1738, the act was repealed by the King in Privy Council. In October previous, however, the above House had been dissolved by Clarke from dissatisfaction on his part. A new Assembly succeeded On the sixteenth of April the General Assembly appointed a committee, consisting of Messrs. Cortland, Pell, Van Schaick, Beekman, Pierson, Stilwell and Duskberry, to prepare a bill for the establishment of Courts of Judicature in the Province, and to revise the former laws made for that purpose.

The next day the committee reported, and the Attorney-General, Mr. Newton, was directed to draw up a bill in pursuance of a plan for the organization of the courts settled upon by the Assembly.

Mr. Newton, however, at this time leaving the Province for Boston, and Mr. Farewell, who was deputed in his place, neglecting to draw a bill as required, the General Assembly, on the twenty-fourth of April, directed their Speaker, James Graham, to perform that duty; accordingly, the following day, Mr. Graham laid before the Asssembly a bill, which, on the sixth of May (O. S.), was passed by that body into an act "for establishing Courts of Judicature, for the ease and benefit of each respective city, town and county within the Province.""

in March, 1739, continuing until September, 1743, when it was dissolved by Governor George Clinton. The next House met on the eighth of November in that year, and on the December following, an act passed limiting the continuance of the Assembly to seven years. Under this act the House was elected septennially down to the Revolution.

The Governor had an absolute veto upon all bills passed by the Assembly and Council, and the power over the former body of prorogation and dissolution. All laws passed were subject to the King's approbation or disapproval. Such as he disapproved became void.

The Assembly was composed of freeholders elected by the freeholders of the several counties, viva voce, upon writs of election issued by the Governor in

Council.

It elected its own Speaker (the Governor, however, recommending the choice), chose its own clerk, and originated all bills appropriating money. Its Journals are contained in three printed volumes.

On the sixteenth of May (O. S.) this act was assented to by the Governor and Council, and ordered to be enrolled.1

The act organized Courts of Justices of the Peace for every town; affirmed the powers of the Courts of Mayor and Aldermen in the cities of New York and Albany; provided for a High Court of Chancery the same as in the act of 1683; created a Court of Sessions, and one of Common Pleas for every county, and a Supreme Court of Judicature.

This Court, to be composed of five judges at least, "appointed and commissionated for that purpose," two of whom, together with one Chief Justice, to be a quorum, was to be held on the first Tuesdays of April and October in every year, for the space of eight days, at the city of New York. It was empowered to try all pleas civil, criminal and mixed, as fully and amply as the English Courts of King's Bench, Common Pleas and Exchequer. Any action, the debt or damages whereof amounted to upwards of twenty pounds, could be commenced in or removed to said court. Any judgment, information or indictment had or depending in the Courts of Mayor and Aldermen, Sessions or Common Pleas could be removed to said Court, which might correct errors in judgment or revise the same, provided the judgment removed was upwards of twenty pounds.

The judges were also authorized to make rules and orders to guide the practice and proceedings of the court.

The act likewise established trials by jury in all the courts (except the Justices' Courts, and there by consent of parties), in all cases, except in those of default or where matters of fact were acknowledged.