Appeals lay from the court to the Governor and Council1 for any judgment above one hundred pounds. This amount, in 1753, was altered to three hundred pounds. No provision was made in the act for a Court of Oyer and Terminer. Its name, however was retained in the Supreme Court to designate the latter's criminal circuits.2 The act was limited to two years, and until the end of the next Assembly after the expiration of the above period. On the 11th of November, 1692, another act was passed establishing the courts for two years longer after the expiration of the former act. This act changed a provision of the former act by providing that the terms of the court should be holden for the county of Orange, as well as for the city and county of New York, on the first Tuesdays in April and October annually, in every year; for the city and county of Albany, the first Tuesday in May; for Ulster and Dutchess counties, the third Tuesday in May; for the county of Westchester, the last Tuesday in June; for Kings county, the first Tuesday in August; for Queens county, the second Tuesday in August; for Suffolk county, the third Tuesday in August; and for Richmond county, the second Tuesday in June. 1 The Council consisted at first of seven, but was increased to twelve members, any three forming a quorum. In acts of civil government they acted as a Privy Council to the Governor. They could be appointed and suspended by the latter until the pleasure of the Crown could be ascertained. They were, however, more regularly appointed by the mandamus and sign manual of the King. They formed the Upper House or Senate in the Colonial Legislature, and, with the Governor, a court of last resort. When they sat as a Court or a Privy Council, they assembled at the Fort; when as a legislative body, at the City Hall. They were convened by the Governor, who met with them in their capacity as Court or Council, but not when in their legislative meetings. They sat according to seniority, and the oldest member present was speaker. The chairman had no voice in a committee. One of their members bore their messages to the Assembly, which always rose at his entrance and received the messages standing. The members received no salary, although their duties were, from about 1756, quite onerous. The board had great weight in the Colony, as about the same period lawyers of distinction were made members. Neither the Council nor General Assembly permitted strangers to be present at their meetings. 2 Daly's Judicial Organization New York. It also provided that one of the justices should, once in every year, at the above times and places, go the circuit and hold the Supreme Court in each of the above counties where process was issued and pleas were depending, assisted by two or more of the Justices of the Peace of the respective counties where the court was holden; and that the sessions should continue five days only in the city of New York, and two days at the other places.1 2 On the 24th of October, 1695, a further act was passed, extending the provisions of the last act for two years; and on the 21st of April, 1697, a last act continued them for one year longer." In 1698 no other act relative to the extension of the courts was passed, consequently the Province was left without any judicial organization. This state of things continued until 1699, when the courts (with the exception of the Court of Chancery), by an ordinance of Governor Bellamont and Council, issued on the fifteenth of April, were established on the same footing as when they expired.3 On the 15th of May, 1691, nine days after the passage of the first act, Joseph Dudley was appointed Chief Justice, Thomas Johnson second judge, and William Smith, Stephen Van Cortlandt and William Pinhorne, associate judges of the Supreme Court. James Graham was shortly after appointed Attorney-General. Dudley and Johnson were allowed salaries, the first one hundred and thirty pounds, and the second one hundred pounds per annum, but the other judges and the Attorney-General were allowed nothing for their services. In 1693, however, the salary of Attorney-General Graham was fifty pounds per annum. On the 30th August, 1692, (the day after the arrival of Colonel Benjamin Fletcher as Governor), Joseph Dudley was removed from his office of Chief Justice by reason of his being a non-resident.5 On the 7th June, 1698, William Pinhorne and Chidley Brooke, Justices of the Supreme Court, were suspended from their offices by Governor Fletcher; the first for speaking disrespectful words of the King, and the second for "carelessness, negligence and backwardness." 1 New York Laws (Bradford's ed., 1694), 64. 2 Parliamentary Roll, MSS. Laws. 32 Revised Laws, 1813. Appendix. 'Smith (Carey's ed.), 89. 5 Smith (Carey's ed.), 93. 6 Council Minutes, vol. 8, 46, 47. Appeals lay from the court to the Governor and Council1 for any judgment above one hundred pounds. This amount, in 1753, was altered to three hundred pounds. No provision was made in the act for a Court of Oyer and Terminer. Its name, however was retained in the Supreme Court to designate the latter's criminal circuits.2 The act was limited to two years, and until the end of the next Assembly after the expiration of the above period. On the 11th of November, 1692, another act was passed establishing the courts for two years longer after the expiration of the former act. This act changed a provision of the former act by providing that the terms of the court should be holden for the county of Orange, as well as for the city and county of New York, on the first Tuesdays in April and October annually, in every year; for the city and county of Albany, the first Tuesday in May; for Ulster and Dutchess counties, the third Tuesday in May; for the county of Westchester, the last Tuesday in June; for Kings county, the first Tuesday in August; for Queens county, the second Tuesday in August; for Suffolk county, the third Tuesday in August; and for Richmond county, the second Tuesday in June. 1 The Council consisted at first of seven, but was increased to twelve members, any three forming a quorum. In acts of civil government they acted as a Privy Council to the Governor. They could be appointed and suspended by the latter until the pleasure of the Crown could be ascertained. They were, however, more regularly appointed by the mandamus and sign manual of the King. They formed the Upper House or Senate in the Colonial Legislature, and, with the Governor, a court of last resort. When they sat as a Court or a Privy Council, they assembled at the Fort; when as a legislative body, at the City Hall. They were convened by the Governor, who met with them in their capacity as Court or Council, but not when in their legislative meetings. They sat according to seniority, and the oldest member present was speaker. The chairman had no voice in a committee. One of their members bore their messages to the Assembly, which always rose at his entrance and received the messages standing. The members received no salary, although their duties were, from about 1756, quite onerous. The board had great weight in the Colony, as about the same period lawyers of distinction were made members. Neither the Council nor General Assembly permitted strangers to be present at their meetings. 2 Daly's Judicial Organization New York. It also provided that one of the justices should, once in every year, at the above times and places, go the circuit and hold the Supreme Court in each of the above counties where process was issued and pleas were depending, assisted by two or more of the Justices of the Peace of the respective counties where the court was holden; and that the sessions should continue five days only in the city of New York, and two days at the other places.1 On the 24th of October, 1695, a further act was passed, extending the provisions of the last act for two years; and on the 21st of April, 1697, a last act continued them for one year longer. In 1698 no other act relative to the extension of the courts was passed, consequently the Province was left without any judicial organization. This state of things continued until 1699, when the courts (with the exception of the Court of Chancery), by an ordinance of Governor Bellamont and Council, issued on the fifteenth of April, were established on the same footing as when they expired.3 On the 15th of May, 1691, nine days after the passage of the first act, Joseph Dudley was appointed Chief Justice, Thomas Johnson second judge, and William Smith, Stephen Van Cortlandt and William Pinhorne, associate judges of the Supreme Court. James Graham was shortly after appointed Attorney-General. Dudley and Johnson were allowed salaries, the first one hundred and thirty pounds, and the second one hundred pounds per annum, but the other judges and the Attorney-General were allowed nothing for their services. In 1693, however, the salary of Attorney-General Graham was fifty pounds per annum. On the 30th August, 1692, (the day after the arrival of Colonel Benjamin Fletcher as Governor), Joseph Dudley was removed from his office of Chief Justice by reason of his being a non-resident.5 On the 7th June, 1698, William Pinhorne and Chidley Brooke, Justices of the Supreme Court, were suspended from their offices by Governor Fletcher; the first for speaking disrespectful words of the King, and the second for "carelessness, negligence and backwardness." 1 New York Laws (Bradford's ed., 1694), 64. 2 Parliamentary Roll, MSS. Laws. 3 2 Revised Laws, 1813. Appendix. 'Smith (Carey's ed.), 89. 5 Smith (Carey's ed.), 93. 6 Council Minutes, vol. 8, 46, 47. From the period of Governor Bellamont's ordinance in 1699, the court had a continuous existence down to the Revolution. The terms were changed from time to time to accommodate the business of the court and the convenience of parties. On the 3d of April, 1704, Lord Cornbury, succeeding Nanfan in the administration of affairs, issued with his Council, an ordinance that the court should be held on the first Tuesdays in June and September and second Tuesdays in October and March in every year, at the city of New York, or at such other places as the Governor should appoint by proclamation issued twenty days before the holding of said court; and that each term should continue only for the space of five days.' On the 6th of August, 1750, an ordinance was issued by Governor George Clinton and Council, stating that by reason of the cold and difficulty of traveling in January, and the heat and harvesting in July, and the October and April terms being too short for the business to be performed, thereafter the court should be held at the city of New York, viz., on the third Tuesdays in October, January and April, and last Tuesday in July in every year. The terms of April and October to be held every day except Sunday, from the commencement until the end of Thursday in the week next ending, and the terms of January and July from the commencement until the end of Saturday next ending. In the October and April terms it was directed there should be four return days, viz., the first day, and Friday, Monday and Wednesday following; and in the January and July terms there should be two return days, viz., Tuesday and Friday. On the 30th October, 1760, this ordinance was reiterated by Lieutenant-Governor Colden and Council, extending at the same time the April and October terms until the end of Saturday instead of Thursday of the next ensuing week. The ordinance also empowered the justices, one or more, every year to go into every county in the Province and hold a court for the trial of such causes arising in the respective counties as were brought to issue in the said Supreme Court, which causes the said justices, one or more of them, were empowered to try and give judgment at the next or any subsequent term of said 12 Revised Laws, Appendix. |