512 eov. tryon’s report on the province of new-york.

where the Value exceeds ,£300. Sterling, in which case the subject may be relieved from its errorsonly by an application to the Governor and Council , and where the Value exceeds £500 sterling anappeal lies from the Judgment of the latter to His Majesty in Privy Council .

By an Act of the Legislature of the Province suits are prohibited to be brought in the SupremeCourt where the Value demanded does not exceed £20. Currency.

The Clerk’s Office of the Supreme Court has always been held as an Appendage to that of theSecretary of the Province.

Tiiere is also in each County an Inferior Court of Common Pleas, which has the Cognizance of allactions real, personal & mixed, where the matter in demand is above £5. in value.—The practice ofthese Courts is a mixture between the Kings Bench and Common Pleas at Westminster.—Their Er-rors are corrected in the first Instance by Writ of Error brought into the Supreme Court ; and theJudges hold their offices during pleasure.—The Clerks of these Courts also hold their offices duringpleasure and are appointed by the Governor, except the Clerk of Albany who is appointed under theKing’s Mandate.

Besides these Courts the Justices of peace are by Act of Assembly empowered to try all causes tothe amount of £5. Currency, (except where the Crown is concerned or where the Title of Landsshall come into Question;—and Actions of Slander) but the parties may either of them demand ajury of Six Men —If wrong is done to either party, the person injured may have a Certiorari fromthe Supreme Court , tho’ the remedy is very inadequate.

The Courts of Criminal Jurisdiction are Correspondent to those in England.—The Supreme Courtexercises it in the City of New York , as the King’s Bench does at Westminster.—The Judges whenthey go the Circuit have a Commission of Oyer and Terminer and General Goal Delivery; and thereare Courts of Sessions held by the Justices of the peace; the powers of which and their proceedingscorrespond with the like Courts in England.—The Office of Clerk of the Sessions, is invariably con-nected with that of the Clerk of the Inferior Court of Common Pleas in the respective Counties.

By acts of the Provincial Legislature the Justices of the Peace have an extraordinary Jurisdictionwith respect to some offences by which any three Justices, (one being of the Quorum) where theoffender does not find Bail in 48 Hours after being in the Custody of the Constable, may try the partywithout any 1 or a jury, for any offence under the Degree of Grand Larceny; and inflict anypunishment for these small offences at their Discretion, so that it exceeds [qy 1 extends] not to Lifeor Limb.—And any three Justices of the Peace (one being of the Quorum) and Five Freeholdershave power without a Grand or Petty Jury to proceed against and try in a Summary Way, Slave soffending in certain cases, and punish them even with death.

The Duty of His Majesty’s Attorney General of the Province is similar to the Duty of that Officerin England, and the Master of the Crown Office: He is appointed by the Crown during Pleasure, andHis Majesty has no Sollicitor General nor Council in the Province, to assist the Attorney Generalupon any Occasion.

There are two other Courts in the Province. The Court of Admiralty which proceeds after theCourse of the Civil Law in matters within its Jurisdiction, which has been so enlarged by diversStatutes as to include almost every breach of the Acts of Trade.—From this Court an appeal lies toa Superior Court of Admiralty, lately established in North America by Statute ; before this Establish-ment an appeal only lay to the High Court of Admiralty of England.

The Prerogative Court concerns itself only in the Probate of wills and in matters relating to theAdministration of the Estates of Intestates and in granting Licenses of Marriage. The Governor isproperly the Judge of this Court but it has been usual for him to act in general by a Delegate.

1 Blank in the Orig.