CHAPTER VIII.

RISE OF THE COUNTY IN THE MIDDLE

COLONIES.

I. THE NEW YORK COUNTY.

(a).-The Riding.

Under the Dutch regime in New Netherland there was no division similar to the county: local government, such as existed, belonging to manors, villages, and chartered towns, which sustained a direct relation to the colonial authority in New Amsterdam.' But with the promulgation of the code of the Duke of York in 1664,2 the history of the institution may fairly be said to begin; though there is no very clear recognition of it, save in the name "Yorkshire" bestowed upon Long Island. On the other hand the old English term "riding' was adopted for the area above the town-communities, York

1See Chap. III, 11.

"Armstrong, Introduction to Record of Upland Court, 25-6; Duke's Laws, 3; Nead, Historical Notes, 457.

Brodhead, Hist. of New York, II, 63, says: "Yorkshire, or Long Island, peopled chiefly by Englishmen, with Westchester and Staten Island, was erected into a shire, and like its English namesake was divided into three districts or ridings." But in a fragment of an undated letter, Col. Nicolls thus writes to the Duke: "I gave it the name of Albania, lying to the west of Hudson's River, and to Long Island the name of Yorkesh as to this place, the name of N. Yorke:" O'Callaghan, Doc. Rel. to Col. Hist. of N. Y., III, 105. “Precinct" was also used for the district: April 16, 1678, Andros writes: "We have 24 townes, villages, or parishes in Six Precincts, Divisions, Rydeings, or Courts of Sessions: " lb., III, 261. Cf. Brodhead, I, 745.

shire being divided into three such judicial districts.1 But the ridings were in fact rudimentary counties: not only did their territorial areas correspond roughly to those of counties subsequently organized, but, as will appear in the sequel, the court of sessions was practically a county court, sustaining to the assizes in New York a relation similar to that occupied elsewhere by the general sessions of the peace with respect to the governor and council or other supreme court of the colony.3

By the Duke's Laws nearly all the functions of government, not expressly reserved to the central authority, are left to the towns or parishes. The judicial system consists of three classes of tribunals: town courts, courts of sessions, and the court of assizes. The town court is held by the constable and overseers, and exercises jurisdiction in all civil cases where the amount in controversy does not exceed five pounds. The court of sessions is held thrice a year by the justices of the peace in each riding, with jurisdiction in actions of five to twenty pounds. In cases of twenty pounds appeal lies to the court of assizes.

The sessions are also the medium of communication between the towns and the colonial authority. Thus we find them, at the request of the governor and council, recommending measures for the regulation of township affairs.

6

But before resorting to the town court or the sessions, actions "of what nature soever" between neighbors are to

1In the Duke's Laws, 54, called the North, East, and West ridings of Yorkshire upon Long Island.

'King's, Queen's, and Suffolk: cf. Brodhead, II, 63, 386.

3The court of assizes was analogous to the general court or to the court of assistants in New England, and to that of the director and council in New Netherland: Chalmers, Political Annals, I, 575, 596: Brodhead, II, 63–4. *Duke's Laws, 20 ff. The number of sessions was subsequently reduced to two a year: Ib., 68.

Duke's Laws, 4. Cf. O'Callaghan, Doc. Rel. to Col. Hist. of N. Y., III, 188.

See an example in Fernow, Doc. Rel. to Col. Hist. of N. Y., XIV, 748-9.

be submitted to the arbitration of "indifferent persons" chosen by the constable or justice of the peace.'

The court of assizes is to be held once a year in New York by the governor and council sitting with the justices of the peace and the high sheriff; and it may hear appeals from the sessions and exercise original jurisdiction in capital offences.2 It also possesses legislative power.3

There is a high sheriff for the entire jurisdiction-Yorkshire and a marshal or under sheriff in each riding. The marshals are nominated by the sheriff, and each riding is to take its "turne in haveing a sheriffe chosen," the latter to be appointed by the governor out of a list of three nominated by the justices of the riding concerned. The offices of high constable and under sheriff were ordered discontinued in 1666,5

(b).—The County Courts of the Royal Province.

In 1683, by an act of the first representative assembly, the jurisdiction of New York was divided into twelve counties, and their boundaries were carefully defined in 1791.7 Later the number was increased to fourteen.8

The judicial arrangements were similar to those of Massachusetts during the same period. For the Province there was a "supreme court" consisting of a chief justice and two associates, all appointed by the governor and holding office

1 Duke's Laws, 3, 4, 51; amended, Ib., 60.

2 Duke's Laws, 11, 60-1, 14-15 (capital laws).

3 Duke's Laws, 60 ff. For examples of orders passed: Hildreth, II, 46. Duke's Laws, 50.

5 Duke's Laws, 68. On the Duke's Code, see Hildreth II, 45-51; Elting, Dutch Vil. Com., 34 f.; Brodhead, Hist. of N. Y., II, 62 ff.

6 O'Callaghan, Doc. Rel. to Col. Hist., III, 355; VI, 155; Fernow, Ib., XIII, 575; Brodhead, Hist. of New York, II, 385.

Van Schaack, Laws of New York, I, 7.

8 In 1772 Albany county was divided into the counties of Albany, Tryon, and Charlotte: Van Schaack, Laws of New York, II, 658. Cf. O'Callaghan, Doc. Rel. to Col. Hist., VIII, 441, 445; Hildreth, Hist. of U. S., II, 77.

during good behavior. Appeal lay to the governor and

council.1

In the county the lowest tribunal was that of the single justice of the peace, whose jurisdiction extended to cases under five pounds, not relating to land, slander, or matters in which the crown was concerned. By legislative enactment three justices had also jurisdiction in criminal causes less than grand larceny, and they could impose any penalty not extending to life and limb. Any three justices, one being of the quorum, together with five freeholders, could, without petty or grand jury, proceed against slaves in certain cases. and punish even with death.3

Above these courts was the court of "sessions" composed of the justices of the county, with jurisdiction and powers corresponding to those of the English quarter sessions; and the "inferior court of common pleas," called also the "county court," composed usually of three judges appointed by the governor and holding office during pleasure. The inferior court had "cognizance of all actions, real, personal, and mixed, when the matter in demand was above five pounds in value." The clerk of the sessions was appointed by the governor and the office was "invariably connected with that of the clerk of the inferior court of common pleas in the respective counties."

1Lodge, Short Hist., 316; O'Callaghan, Doc. Rel. to Col. Hist., VIII, 444. So in 1774, according to Gov. Tryon's report: O'Callaghan, Doc. Rel. to Col. Hist., VIII, 445. Formerly the maximum was 40 shillings: Ib., VI, 117 (1738); VII, 342 (1758), 426-7 (1760). In 1769 it was raised to 10£ in some cases: Ib., VIII, 167. Cf. Hildreth, II, 140; Van Schaack, Laws of New York, II, 648, 653, 680.

'O'Callaghan, Doc. Rel. to Col. Hist., VIII, 445; Van Schaack, I, 241; II, 499.

'O'Callaghan, Doc. Rel. to Col. Hist., VIII, 445; III, 389 (Dongan's report). 'O'Callaghan, Doc. Rel. to Col. Hist., VIII, 445; if for less than twenty pounds, the suit must be commenced in the common pleas: Van Schaack, Laws of New York, I, 254–5; Lodge, p. 316.

"O'Callaghan, Doc. Rel. to Col. Hist., VIII, 445. On the county courts, see Doc. Hist. of N. Y., I, 200-2 (1693); IV, 377, 391 (lists of county judges).

There was also in each county a court of probate held by the governor's delegate; and a "supervisor," appointed in like manner by the governor, to look after the estates of orphans and intestates.1

(c).—Dual Civil Administration of the Supervisors and Justices.

By the act of 1703, already mentioned,2 a representative board composed of the township supervisors in each county was created. To this body was entrusted the fiscal administration, particularly the supervision of the levy and collection of the "county charge.' Each year they were required to compute the charge and apportion it among the various towns, manors, or precincts of the county; and the respective quotas were then assessed and collected by the proper local officers under authority of the board.

To the supervisors, likewise, belonged the appointment of the county treasurer; and his accounts were submitted to them for approval at each annual meeting. No other functions are mentioned in the statutes as belonging to the board; for the latter did not attain its full development as a supervisory authority until the present century.

It should be noted, however, that the general civil administration of the county was partly controlled by another body. Originally that administration belonged entirely to the court of sessions; and after the fiscal business was placed in the hands of the supervisors, the justices continued to discharge a variety of important duties.

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1O'Callaghan, Doc. Hist. N. Y., I, 202; Van Schaack, I, 15. To the county supervisor, the officers chosen in each township to look after the estates of orphans were required to report.

3

2 See Chap. III, IV.

Van Schaack, Laws of N. Y., I, 54-6. The treasurer was required to enter into bond with the board, with sufficient sureties, for the proper execution of his office: Ib., II, 567.

On the original financial duties of the sessions, see Van Schaack, Laws of N. Y., I, 42–3.