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STATE GOVERNMENT. 35
The officers in each county, auxiliary to the judiciary, are as follows:—
Tlie District Attorney,1 who is the official prosecutor in all criminal cases coming before
the county courts, and has general duties in relation to suits in which the county has an interest.
Tlie SlaerifT,2 who is charged with the preservation of the public peace and the execution of
the orders of the courts. He has charge of the jail and prisoners, and appoints as many deputies as
he may deem necessary. He can hold no other office, and is ineligible to the same office for the
next 3 years after his term expires. He is required to give bonds, in default of which the office
becomes vacant.
Tlie County Clerli, who is made the keeper of the county records. He attends the courts and
records their proceedings, records deeds and mortgages, files papers and documents required by
law to be preserved in his office, and is the medium of communication between State and town
officers. He is the clerk of the Supreme Court for his county. He appoints a deputy, who, when
duly sworn, may discharge all his duties.
Four Coroners, who are charged with the duty of inquiring into the cause of sudden deaths.
Upon being notified, it is their duty to attend at the place where a dead body is found, summon a
jury and witnesses, examine into the causes, and make a written report to the county clerk. They
also have the sole power of issuing writs against sheriffs.
A Register, performing that part of the duties of county clerks relating to the recording of
conveyances and mortgages, is elected in New York, Kings, and Westchester counties; and each
of these appoints a deputy.
Commissioners of Deeds, to take acknowledgments of deeds and legal documents, are ap¬
pointed by the Common Councils of cities in such numbers as they may decide, except in New York,
where the number is limited to 300, and in Syracuse to 12.3
Notaries Public are appointed by the Governor and Senate for a term of 2 years, and have
authority to demand and accept payment of foreign bills of exchange, and to protest the same for
nonpayment, and to exercise the duties of Commissioners of Deeds. Their number is limited to 400
in New York, 25 in Troy, and in other cities and towns as many as the Governor may deem proper.
Criminal Courts. Courts for the trial of criminal cases consist of the Court of Oyer and
Terminer connected with the circuit of the Supreme Court, the Court of Sessions connected with
the County Court, City Criminal Courts, and Justices’ Courts.4
Courts of Oyer and Terminer consist of a Justice of the Supreme Court associated with
the County Judge and two Justices.of the Sessions, (except in New York City,) the Supreme Judge
and two of the others constituting a quorum for trials. This court has original and general
jurisdiction.
Courts of Sessions are held by the County Judge and two Justices of Sessions. They have
jurisdiction over cases in which the imprisonment in case of conviction is less than ten years.
The inferior City Courts and Justices’ Courts have jurisdiction over petty criminal cases.
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In Hudson.—A Mayor’s Court, held by the Mayor, Recorder,
and A Mermen, or the Mayor and Recorder j ointly or singly;
a Justices’ Court, held by 2 Justices. One Police Justice
elected.
In New York.—The Superior Court, consisting of a Chief
Justice and 6 Justices; the Court of Common Pleas, com¬
posed of 3 Justices; the Marine Court,- composed of 3
Justices; the Court of Oyer and Terminer, held by a
Justice of the Supreme Court; the Court of General Ses¬
sions, held by the Recorder or City Judge; the Court of
Special Sessions, held by the Recorder or City Judge with¬
out a jury; Police Courts, held by Special Justices in 4
separate districts; and Justices’ or District Courts, held
in 6 separate districts.
In Oswego.—A Recorder’s Court, held by the Recorder, or, in
his absence, by the Mayor or any two Aldermen; a Court
of Special Sessions, held by the Recorder. Two Justices
elected.
In Poughkeepsie.—Justices’ and Police Courts.
In Rochester.—Justices’ and Police Courts. Three Justices of
the Peace and 1 Police Justice elected.
In Schenectady.—Justices’ and Police Courts. Pour Justices
elected.
In Syracuse.—Justices’ and Police Courts. Three Justices of
the Peace and 1 Police Justice elected.
In Troy.—A Mayor’s Court, held by the Mayor, Recorder, and
Aldermen, or the Mayor and Recorder jointly, or either
singly. Practically it is held by the Recorder; a Justices’
Court, hold by 3 Justices elected for the purpose.
In TJtica.—A Recorder’s Court, held by the Recorder; a Court
of Special Sessions, held by the Recorder and 2 Aldermen.
Pour Justices and 1 Police Justice elected.
1 By an act passed April 14,1852, the supervisors may deter¬
mine whether this shall be a salaried office, and may fix the com¬
pensation. In the absence of such action, the District Attorney
is paid by fees. |
2 Constitution, Art. X, Sec. 1. Prom 1777 to 1822 sheriffs were'
appointed annually by the Governor and Council, and could not
hold the office more than 4 suqcessive years. They have besn
elected since 1822.
3 In towns the duties of the office are performed by justices of
the peace. Special commissioners for this service were appointed
in the several cos. by the Council of Appointment under the first
Constitution, and by the Governor and Senate under the Constitu¬
tion of 1821. The Governor may appoint, for a term of 4 years,
any number of persons not exceeding 5, in any city or co. of other
States and of Canada, to take acknowledgments of instruments
or conveyances to bo recorded in this. State. The consuls, vice-
consuls, and ministers of the U. S. in foreign countries, the
mayors of London, Liverpool, and Dublin, the provost of Edin¬
burgh, and persons appointed by the Governor, not exceeding
3 in each of the cities of London, Liverpool, Glasgow, Paris, and
Marseilles, may also perform this duty, and administer oaths or
affirmations substantiating proofs to documents requiring to bo
recorded or to be produced in evidence within this State.
4 In 1829, co. clerks were required to report to the Secretary
of State a transcript of all convictions and the sentences thereon.
The intention of this act was to establish evidence in case of the
trial of the same person for a second offense, in which the punish¬
ment for the same crimes is enhanced in severity. In 1837, the
Secretary of State was required to report a statement of all con¬
victions reported under this act, and annually afterward to lay
before the Legislature a like summary. In 1889, sheriffs were
also required to repox-t the name, occupation, age, sex, and xxative
country of every person convicted, and such other information
as might indicate degree of education, the effect of home influ¬
ences, and such other details as might be required. Under the
administration of E. W. Leavenworth, the statistics of crime |
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