New York Court of Common Pleas

The New York Court of Common Pleas was a state court in New York. Established in the Province of New York in 1686, the Court remained in existence in the Province and, after the American Revolution, in the U.S. state of New York until it was abolished in 1894.

James Wilton Brooks wrote in History of the Court of common pleas of the city and county of New York (1896) that:

The Court of Common Pleas, founded in 1686, in the City of New York, extended in 1691 throughout the State, restricted again in 1846 to the City of New York, and finally, in accordance with the amended State Constitution of 1894, passing out of existence on the thirty-first of December, 1895, was the oldest judicial tribunal in the state of New York. It succeeded "The Worshipful Court of the Schout, Burgomasters and Schepens", which was established in 1653 and may thus be said to have had a continuous existence of nearly two centuries and a half.^[1]

New Netherland

The

Director-General of New Netherland, formed a council of five, which held legislative, executive, and judicial powers. A Dutch colonial official called the Schout was also attached to this body. Together the Governor, Schout, and Council were supervised by the Dutch colonial authorities at Amsterdam. These authorities carried out judicial powers from 1626 to 1637, during Minuit's six years as Director-General and during four years of the term of his successor, Wouter van Twiller.^[1]

Although records were kept, no records have survived detailing judicial proceedings under the Council. The Schout Fiscal was a combination of

States-General of the Netherlands.^[1]

landholders with manorial rights to large tracts of land in New Netherland in North America along the Hudson River. Through the Charter of Freedoms and Exemptions of 1629, the Dutch West India Company first started to grant this title and land to some of its invested members. These inducements to foster immigration were known as the "Rights and Exemptions," more commonly known as the patroon system. patroon acted as feudal lords, with the power to create civil and criminal courts, appoint local officials and hold land in perpetuity, and in return was commissioned by the Dutch West India Company to establish a settlement of at least 50 families within four years on the land. The patroon exercised within his authority "unlimited civil and criminal jurisdiction...even the power of life and death," subject to an appeal to the Governor.^[1]

When Peter Stuyvesant became governor in 1647, he immediately established a Court of Justice with the broad jurisdiction to decide "all cases whatsoever," with the directive to refer cases of any importance to the governor for approval. Brooks wrote that this scheme produced "popular discount," resulting in a "wrangle between the governor and the colonies, which brought about a number of trips to Holland, covered a number of years and abounded in dramatic incidents."^[1]

This led to the formation in 1653, of The Worshipful Court of the Schout, Burgomasters and Schepens. This tribunal consisted of the Schout, four Burgomasters, and nine Schepens. Like the Schout, the position of the Burgomaster and Schepen came from the Netherlands. The Burgomasters were administrators who rotated three-month terms "to attend at City Hall for the dispatch of public business." Schepens (aldermen) were judicial officers with jurisdiction over civil and criminal matters. Together, the three orders of officers formed a college and enacted laws and ordinances for the city, analogous to the General Court of the Massachusetts Bay Colony. The body, collectively known as the Lords of the Court of the City of New Amsterdam, was headed either by a chosen president or the senior Burgomaster.^[1]

The court was held at least every two weeks and often every week; the parties before the court stated the case and the judges rendered a decision based on the facts or arbitrators were appointed to review the case and proposed a compromise between the parties. Appeals to the court from the arbitrators' decisions were rare. In the case of a difference in how parties stated the facts, witnesses were called and affidavits presented or depositions taken.^[1]

Province of New York

In 1664 the colony became part of British North America as the Province of New York, and New Amsterdam was named New York. The Court of Common Pleas was established in New York City in 1686 under the Dongan Charter, the early municipal Charter of the City of New York, granted by Governor Thomas Dongan on July 22, 1686. The Charter provided that the Mayor, Recorder, and Alderman, or any three of them given that either the Recorder or Mayor was one, were authorized to hold the Court of Common Pleas (Mayor's Court), which was presided over by the Mayor and Recorder alternately. An Act of 1691 created a Court of Common Pleas in each of New York's counties, which at the time numbered 12.^[1]

Judges and

New York Court of General Sessions.^[1]

New York City

The Mayor's Court was continued through the

U.S. District Court for the District of New York.^[1]

When

New York Legislature passed the bill. Although the Mayor, Recorder, and Aldermen still had the power to preside over the Court of Common Pleas, the First Judge was given special responsibility for the court and had the power to hold court himself without the Recorder or Mayor. John T. Irving was appointed First Judge. In 1834, an Associate Judge was provided, with all the powers of the First Judge. Michael Ulshoffer was appointed to the post. In 1839, a third judge was provided for due to an increase in the court's workload; William Inglis was appointed as Associate Judge.^[1]

Charles Patrick Daly

served as a judge of the New York Court of Common Pleas 1844–1857, as First Judge 1857-1871, and as Chief Justice 1871-1885.

The Court of Common Pleas for the City of New York was abolished in 1895.[1]

Notes

^ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l Brooks, James Wilton. History of the Court of common pleas of the city and county of New York. New York: 1896.

[Brooks-1] ^ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l Brooks, James Wilton. History of the Court of common pleas of the city and county of New York. New York: 1896.

[1]