The
New York Court of Common Pleas was a
state courtIn the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. Cases are heard before and evidence is presented in a trial court, which is usually located in a courthouse in the county seat...
in
New YorkNew York is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts and Vermont to the east...
. Established in
New NetherlandNew Netherland, or Nieuw-Nederland in Dutch, was the seventeenth-century colonial province of the Republic of the Seven United Netherlands on the East Coast of North America. The claimed territories were the lands from the Delmarva Peninsula to extreme southwestern Cape Cod...
in 1686, the Court remained in existence in the
Province of New YorkThe Province of New York resulted from the capture of the Dutch Republic colony of Provincie Nieuw-Nederland in 1664 by the Kingdom of England, and included all of the present U.S. state of New York. The province was renamed for James, Duke of York, brother to Charles II of England immediately...
and, after the
American RevolutionThe American Revolution is the political upheaval during the last half of the 18th century in which thirteen of Britain's colonies in North America at first rejected the governance of the Parliament of Great Britain, and later the British monarchy itself, to become the sovereign United States of...
, in the
U.S. stateA U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government . Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile...
of New York until it was abolished in 1894. James Wilton Brooks writes 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 YorkNew York is the most populous city in the United States, and the center of the New York metropolitan area, which is among the most populous urban areas in the world. A leading global city, New York exerts a powerful influence over worldwide commerce, finance, culture, fashion and entertainment...
, 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, 1885, was the oldest judicial tribunal in the state of New York. It succeeded "The Worshipful Court of the SchoutIn Dutch-speaking areas, a schout was a local official appointed to carry out administrative, law enforcement and prosecutorial tasks. The office was abolished with the introduction of administrative reforms during the Napoleonic period.- Functions:...
, BurgomasterBurgomaster is the English form, rendering various terms in or derived from the German language word for the chief magistrate and/or chairman of the executive council of a sub-national level of administration All contemporary titles...
s and SchepenA schepen is a Dutch word referring to a municipal civic office in Dutch-speaking countries. The term is still in use in Belgium, but it has been replaced by wethouder in the Netherlands. The closest English terms are alderman, member of the municipal executive, councillor and magistrate,...
s", which was established in 1653 and may thus be said to have had a continues existence of nearly two centuries and a half.
New Netherland
The
Dutch West India CompanyDutch West India Company was a chartered company of Dutch merchants. Among its founding fathers was Willem Usselincx . On June 3, 1621, it was granted a charter for a trade monopoly in the West Indies by the Republic of the Seven United Netherlands and given jurisdiction over the African slave...
established the colony of
New NetherlandNew Netherland, or Nieuw-Nederland in Dutch, was the seventeenth-century colonial province of the Republic of the Seven United Netherlands on the East Coast of North America. The claimed territories were the lands from the Delmarva Peninsula to extreme southwestern Cape Cod...
, centered around
New AmsterdamNew Amsterdam was a 17th-century Dutch colonial settlement that later became the city now known as New York City.The town outside of Fort Amsterdam on Manhattan Island in the New Netherland territory which was situated between 38 and 42 degrees latitude of the Dutch Republic as of 1624...
in
ManhattanManhattan is one of the five boroughs of New York City, located primarily on Manhattan Island at the mouth of the Hudson River.New York County, which has the same boundaries as the Borough of Manhattan , is the most densely populated county in the United States, with a 2008 population of 1,634,795...
, in 1623. Brooks writes that for many years no provision was made for the administration for justice in the colony. In 1623,
Peter MinuitPeter Minuit, Pierre Minuit or Peter Minnewit was a Walloon from Wesel, today North Rhine-Westphalia, Germany, then part of the Duchy of Cleves. He was the Director-General of the Dutch colony of New Netherland from 1626 until 1633 and founder of the Swedish colony of New Sweden in 1638...
, shortly after being appointed
Director-General of New NetherlandThis is a list of Directors, appointed by the Dutch West India Company, of the 17th century Dutch province of New Netherland in North America...
, formed a council of five, which held
legislativeA legislature is a type of deliberative assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation or statutory law...
,
executive}}In the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the democratic idea of the separation of powers .In many...
, and
judicialThe judiciary is the system of courts which interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes...
powers. A Dutch colonial official called the
SchoutIn Dutch-speaking areas, a schout was a local official appointed to carry out administrative, law enforcement and prosecutorial tasks. The office was abolished with the introduction of administrative reforms during the Napoleonic period.- Functions:...
was also attached to this body. Together the Governor, Schout, and Council were supervised by the
Dutch colonialDuring the 17th century, Dutch traders established trade posts and plantations throughout the asian collonies; actual colonization, with Dutch settling in the new lands was not as common as with settlements of other European nations...
authorities at
AmsterdamAmsterdam is the capital and largest city of the Netherlands, located in the province of North Holland in the west of the country...
. 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 TwillerWouter van Twiller was an employee of the Dutch West India Company and the Director-General of New Netherland from 1633 until 1638...
.
Although records were kept, no records have survived detailing judicial proceedings under the Council. The Schout Fiscal was a combination of
prosecutorThe prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
,
sheriffA sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
,
chief of policeA Chief of Police, also known as Police Chief or sometimes shortened to just Chief is the title typically given to the top official in the chain of command of a police department, particularly in North America. Alternate titles for this position include Police Commissioner, Police Superintendent,...
,
constableA constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.- Etymology :...
, and warden with the duty to "under the orders of the Governor's Council to
arrestAn arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop".-United States:...
and
arraignArraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
on behalf of the Company all persons accused of crime, to superintend the
trialA trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
, and see to the proper carrying out of the
sentenceIn law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
." Despite this concentration of powers, however, some
rights of the accusedThe rights of the accused is a "class" of civil and political rights that apply to a person accused of a crime, from when he or she is arrested and charged to when he or she is either convicted or acquitted...
were observed, including the consideration of
evidenceEvidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either a) presumed to be true, or b) were themselves proven via evidence, to demonstrate an assertion's...
for the prisoner and a
speedy trialSpeedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair...
. The Schout was also required to "keep a strict account of all information taken by him and of all criminal trials, and regularly transmit reports to the Company's main offices in
HollandRotterdam
The Hague
Haarlem
Dordrecht |} Holland is a name in common usage given to a region in the western part of the Netherlands. The name 'Holland' is also often informally used to refer to the whole of the country of the Netherlands...
." The Schout also has executive power to enforce the laws and rules of the
States-General of the NetherlandsThe States-General is the parliament of the Netherlands. It consists of two chambers, the more important of which is the directly elected House of Representatives...
.
PatroonA patroon was a landholder with manorial rights to large tracts of land in the 17th century Dutch colony of New Netherland in North America...
courts were first established in 1630. Patroons (from the
DutchDutch is a West Germanic language spoken by over 22 million people as a native language, and over 5 million people as a second language.
"1% of the EU population claims to speak Dutch well enough in order to have a conversation." Outside the European Union the number of second language...
for owner or head of a company) were landholders with
manorial rightsManorialism or Seigneurialism or Feudal Society was the organizing principle of rural economy and society widely practiced in medieval western and parts of central Europe...
to large tracts of land in New Netherland in North America along the
Hudson RiverThe Hudson River is a river that flows from north to south through eastern New York. It rises at Lake Tear of the Clouds, on the slopes of Mount Marcy in the Adirondack Mountains, flows past Albany, and finally forms the border between New York City and New Jersey at its mouth before emptying into...
. Through the
Charter of Freedoms and ExemptionsThe Charter of Freedoms and Exemptions, sometimes referred to as the Charter of Privileges and Exemptions, is a document written by the Dutch West India Company in an effort to settle its colony of New Netherland in North America through the establishment of feudal patroonships purchased and...
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
immigrationImmigration is the arrival of new individuals into a habitat or population. It is a biological concept and is important in population ecology, differentiated from emigration and migration.-As a political term:...
were known as the "Rights and Exemptions," more commonly known as the patroon system. patroon acted as
feudalFeudalism is a decentralized sociopolitical structure in which a weak monarchy attempts to control the lands of the realm through reciprocal agreements with regional leaders...
lordLord is a title with various meanings. It can denote a prince or a feudal superior . The title today is mostly used in connection with the peerage of the United Kingdom or its predecessor countries, although some users of the title do not themselves hold peerages, and use it 'by courtesy'...
s, 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.
When
Peter StuyvesantPeter Stuyvesant served as the last Dutch Director-General of the colony of New Netherland from 1647 until it was ceded provisionally to the English in 1664...
became governor in 1647, he immediately established a Court of Justice with the broad
jurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.Alternatively, jurisdiction is the authority given...
to decide "all cases whatsoever," with the directive to refer cases of any important to the governor for approval. Brooks writes 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."
This led to the formation in 1653, of the
The Worshipful Court of the Schout, Burgomasters and Schepens. This tribunal consisted of the
SchoutIn Dutch-speaking areas, a schout was a local official appointed to carry out administrative, law enforcement and prosecutorial tasks. The office was abolished with the introduction of administrative reforms during the Napoleonic period.- Functions:...
, four
BurgomasterBurgomaster is the English form, rendering various terms in or derived from the German language word for the chief magistrate and/or chairman of the executive council of a sub-national level of administration All contemporary titles...
s, and nine
SchepenA schepen is a Dutch word referring to a municipal civic office in Dutch-speaking countries. The term is still in use in Belgium, but it has been replaced by wethouder in the Netherlands. The closest English terms are alderman, member of the municipal executive, councillor and magistrate,...
s. 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 (
aldermenAn alderman is a member of a municipal assembly or council in many jurisdictions. Historically the term could also refer to local municipal judges in small legal proceedings...
) were judicial officers with jurisdiction over civil and criminal matters. Together, the three orders of officers formed a
collegeCollege is a term most often used today to denote degree awarding tertiary educational institution. More broadly, it can be the name of any group of colleagues, for example, an electoral college, a College of Arms or the College of Cardinals...
and enacted laws and ordinances for the city, analogous to the
General CourtThe Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
of the
Massachusetts Bay ColonyThe Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, centered around the present-day cities of Salem and Boston...
. 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.
The court was held at least every two weeks and often every week; the
partiesA party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law.Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older...
before the court stated the case and the judges rendered a decision based on the facts or
arbitratorsArbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
were appointed to review the case and proposed a
compromiseIn arguments, compromise is a concept of finding agreement through communication, through a mutual acceptance of terms—often involving variations from an original goal or desire....
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,
witnessA witness is someone who has firsthand knowledge about a crime or dramatic event through their senses , and can help certify important considerations to the crime or event. A witness who has seen the event firsthand is known as an "eye-witness"...
es were called and
affidavitAn affidavit is a formal sworn statement of fact, signed by the author, who is called the affiant or deponent, and witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. The name is Medieval Latin for he has declared upon...
s presented or
depositionsIn law, a deposition is witness's out of court testimony that is reduced to writing for later use in court or for discovery purposes Black's Law Dictionary. In many countries, depositions are given in courtrooms. In the United States, they are usually taken elsewhere...
taken.
Province of New York
In 1664 the colony became part of
British North AmericaBritish North America consisted of the colonies and territories of the British Empire in continental North America after the end of the American Revolutionary War and the recognition of American independence in 1783....
as the
Province of New YorkThe Province of New York resulted from the capture of the Dutch Republic colony of Provincie Nieuw-Nederland in 1664 by the Kingdom of England, and included all of the present U.S. state of New York. The province was renamed for James, Duke of York, brother to Charles II of England immediately...
, 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
municipalA municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
Charter of the City of New York, granted by Governor
Thomas DonganThomas Dongan, 2nd Earl of Limerick , was the most personally popular colonial governor of New York and so is the colonial governor most admired by historians and contemporaries alike...
on July 22, 1686. The Charter provided that the
Mayor"Mayor" is a modern title used in many countries for the highest ranking officer in a municipal government....
,
RecorderA Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
, 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.
Judges and
clerkA court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
s were appointed by the
governor of New York and held office at his pleasure or during good behavior. The court's jurisdiction extended to all actions in which the
amount in controversyAmount in controversy is a term used in United States civil procedure to denote a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the case.-Diversity jurisdiction:In United States federal courts, the...
exceeded five
English poundsThe pound sterling , often simply called the pound, is the currency of the United Kingdom, its Crown dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands and British Antarctic Territory...
. Appeals to the decisions of the court went to the Supreme Court of the Providence of New York, which heard appeals in which the amount involved exceeded 20 pounds. Brooks writes that the Court of Common Pleas was often known under the original Dutch title, even as late as 1821, and was called the Mayors' Court, with its criminal branch known as the
Court of SessionsA court of sessions is the name of a type of court in a number of countries which derive their legal system largely from English law. The name is, however, not of English, but Scottish origin...
.
Brooks writes that even after the end of Dutch rule, colonial governors of New York "counted it a right to preside in court and to order the affairs of justice," even though many had no legal training and some were corrupt, to which Brooks attributes the colonists "frantic opposition" to the establishment of the
Court of ChanceryThe Court of Chancery was established during the colonial administration on August 28, 1701, the colonial governor acting as Chancellor. The New York State Constitution of 1777 continued the court but required a lawyer to be appointed Chancellor. It was the court with jurisdiction on cases of...
or any
court of equityA chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it....
. Still, governors persisted to sit as
chancellorChancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
s.
John MontgomerieColonel John Montgomerie was colonial governor of New York and New Jersey from 1728 to 1731.Montgomerie was born in the parish of Beith in Scotland and served as Member or Parliament for Ayrshire between 1710 and 1722....
, who became governor in 1728, declined to sit and did so only reluctantly upon orders from
the CrownThe Crown is a corporation sole that in certain countries of the Commonwealth of Nations, as well as in any provincial or state sub-divisions thereof, represents the legal embodiment of executive government...
; in the three years before his death in 1731 he gave only one decree and three orders. In 1755,
Charles HardySir Charles Hardy born Portsmouth, England, was a Royal Navy officer and colonial governor of New York.The son of a vice admiral, Charles Hardy became a captain in the Royal Navy on August 10, 1741, at the age of 27....
, a former
Royal NavyThe Royal Navy of the United Kingdom is the oldest of HM Armed Forces . From the beginning of the 18th century until well into the 20th century, it was the most powerful navy in the world, playing a key part in establishing the British Empire as the dominant world power from 1815 until the early...
officer, became governor; admitting he knew nothing of law, presided over one case before calling in the three justices of the Supreme Court to complete the trial and thereafter "discharge the duties of Chancellor for him."
State of New York
The Mayor's Court was continued through the
colonial periodThe Thirteen Colonies were part of what became known as British America, a name that was used by Great Britain until the Treaty of Paris recognized the independence of the original thirteen United States of America in 1783...
, and records are uncertain as to whether the court was held during the
American Revolutionary WarThe American Revolutionary War , also sometimes known as the American War of Independence, began as a war between the Kingdom of Great Britain and thirteen united former British colonies in North America, and concluded in a global war between several European great powers...
. In early 1784,
James DuaneJames Duane was a lawyer, jurist, and Revolutionary leader from New York. He served as a delegate to the Continental Congress, New York state senator, Mayor of New York, and a U.S. District Judge....
was appointed
mayor of New York CityThe Mayor of the City of New York is head of the executive branch of New York City's government. The Mayor's office administers all city services, public property, police and fire protection, most public agencies, and enforces all city and state laws within New York City.The budget overseen by the...
, and from that time after the Court was in continuing existence until its abolition. Under Duane, who served in the
Continental CongressThe Continental Congress was a convention of delegates from the Thirteen Colonies that became the governing body of the United States during the American Revolution...
, notable figures including
Alexander HamiltonAlexander Hamilton was the first United States Secretary of the Treasury, a Founding Father, economist, and political philosopher...
,
Aaron BurrAaron Burr, Jr. was an American politician, Revolutionary War participant, and adventurer. He served as the third Vice President of the United States , under Thomas Jefferson....
,
Robert TroupRobert Troup was an American soldier, lawyer and jurist. He was born in Elizabethtown, New Jersey and attended King's College...
,
Edward LivingstonEdward Livingston was a prominent American jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code. He represented both New York, and later Louisiana in Congress and he served as the U.S...
,
Henry Brockholst LivingstonHenry Brockholst Livingston was an American Revolutionary War officer, a American jurist and a native of New York City....
,
Egbert BensonEgbert Benson was a lawyer, jurist and politician from Upper Red Hook, New York...
,
Morgan LewisMorgan Lewis was an American lawyer, politician and military commander.Of Welsh descent, he was the son of Francis Lewis, a signer of the Declaration of Independence. He graduated from Princeton in 1773 and began to study law on the advice of his father...
, and Josiah Ogden Hoffman practiced before the Court. Duane presided until 1789, when the President
George WashingtonGeorge Washington was the commander of the Continental Army in the American Revolutionary War and served as the first President of the United States of America...
appointed him to the U.S. District Court for the District of New York.
When Maturin Livingston was Recorder, Mayor
DeWitt ClintonDeWitt Clinton was an early American politician who served as United States Senator and Governor of New York. In this last capacity he was largely responsible for the construction of the Erie Canal...
ceased to preside in the Mayor's Court, and from that time on the Recorder sat as presiding judge. By 1821, the mayor had ceased to preside completely as the
docketDocket may refer to:*Docket , the official schedule of proceedings in lawsuits pending in a court of law. www.FreeCourtDockets.com provides free Pacer dockets to the public....
had increased substantially in size. John Anthon, a prominent lawyer, wrote an act to change the name to the
Court of Common Pleas of the City of New York, and to create the position of First Judge. The
New York LegislatureThe New York Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of New York. Under the New York State Constitution, there is no such thing as the "New York State 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 1939 a third judge was provided for due to an increase in the court's workload; William Inglis was appointed as Associate Judge.
A new New York Constitution was adopted in a state
constitutional conventionA constitutional convention is a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
in 1846 and was ratified by the voters later that year. The 1846
state constitutionIn the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people; the Vermont Constitution is 8,295 words long, while Alabama's sixth and most...
significantly reorganized New York state courts. The Court of Chancery and
Court for the Correction of ErrorsThe Court for the Trial of Impeachments, and the Correction of Errors was established by the New York State Constitution of 1777. It consisted then of the Lieutenant Governor of New York , the Chancellor, the justices of the New York Supreme Court and the members of the New York State Senate...
were abolished, with jurisdiction on equity transferred to a new
New York Supreme CourtThe Supreme Court of the State of New York is New York State's trial court, and is of general jurisdiction. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
(which, despite its name, is a
trial courtA trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.A trial court of general jurisdiction is authorized to hear any type of civil or criminal case that is not committed exclusively to another court...
) and
appellate jurisdictionAppellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
transferred to the
New York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges which are appointed by the Governor to 14-year terms...
, the new
state supreme courtIn the United States, the state supreme court is the highest state court in the state court system.Generally, the state supreme court is exclusively for hearing appeals of legal issues. It does not make any finding of facts, and thus holds no trials...
established in July 1847 consisting of four statewide elected judges and four justices chosen annually from the New York Supreme Court. The
New York State Circuit CourtsThe New York State Circuit Courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846.-History:...
were abolished and replaced by the district benches of the New York Supreme Court, and the Courts of Common Pleas were abolished - but the Court of Common Pleas of the City of New York and the Circuit Court for the City of New York were exempted from these changes. An 1847 Act, however, provided for the
electionAn election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and...
of judges of both courts.
Charles Patrick DalyCharles Patrick Daly was a member of the New York State Assembly, Chief Justice of the New York Court of Common Pleas, president of the American Geographical Society, and an author of several books.-Early years:...
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 1885.