New York Court Records

United States U.S. Court Records  New York  Court Records

Value
Court records in New York State cover a broad range of actions and jurisdictions. Court actions can be divided into Civil and Criminal. Civil actions involved disputes between individuals, while criminal actions involve the individual and the government.

For the genealogist, court records can establish an ancestor in place and time, and in the context of his or her family and social relationships. While many early court records have been published and microfilmed, the majority of them are still in possession of the various courts under which they were created, most often kept by a county clerk in the county court house. While some court records have indexes, some are by plaintiff only. Many have to be read page by page.

Civil court records can include suing for debt, trespass, divorce and other disputes between individuals. Disputes over an estate are handled by the surrogates’s courts (see New York Probate Records for more information

Criminal court records can cover a broad range of “transgressions.” Crimes against the state are either misdemeanors or felonies. Misdemeanors are crimes lesser than felonies, which usually result fine, penalty, forfeiture (of property), or short imprisonment. Felonies may result in death or imprisonment for a lengthy term.

Background
Modern Structure. For the modern period, The Sourcebook of County Court Records, 4th ed. , p. 375, contains a useful chart showing the structure of the various courts in New York State, their jurisdiction (i.e. the types of cases they here) and how many there are. On page 376, addresses are given for the major statewide courts, and this page is followed by 21 pages giving addresses and contact information for the various town, village, city, and county courts in the state. This is followed by five pages of cross references of local municipalities to the county in which each is located.

Contact Information. Up to date contact information can be found on the website of the New York State Unified Court System at http://www.courts.state.ny.us and http://www.courts.state.ny.us/courts, which gives addresses, phone numbers, email addresses and websites for the various courts within its jurisdiction. Also, each county's Courthouse page in this Wiki will give links, contact information, and may describe archival records. It should be noted that the modern courts in each county may not have older records if they have been transferred to an archive.

Early structure. 1847 was a watershed year in the organization of New York Courts. James D. Folts, the author of Duely and Constantly Kept: A History of the New York Supreme Court, 1691-1847 and an Inventory of its Records (Albany, Utica, and Geneva Offices), 1797-1847, offers the following explanation of the pre 1847 court system:


 * Prior to July 1, 1847, the New York courts were organized largely as they had been during the British colonial period. Common-law actions and proceedings, usually involving demands for payment of debts or damages, or recovery of real or personal property or its value, lay within the jurisdiction of the colony- and statewide Supreme Court of Judicature, established in 1691, and the county courts of common pleas, likewise established in 1691. The Court of Chancery, established in 1683 and reestablished in 1704, had jurisdiction over equity matters, including trusts for legally incompetent persons such as widows and minors, and starting in 1787, over divorce and separation proceedings.


 * Criminal jurisdiction over felonies was exercised by the courts of oyer and terminer and courts of general sessions sitting in each county. Criminal jurisdiction over misdemeanors was exercised by courts of special sessions held by justices of the peace in towns and police justices in cities and villages.


 * The pre-1847 trial court system was distinguished by overlapping jurisdictions and confusing organization. Records of the higher trial courts were maintained on two levels--for the county-level courts by the county clerks, and for the Supreme Court and Court of Chancery by clerks of those courts. The latter category of pre-1847 trial court records (Supreme Court and Court of Chancery) are now in the New York State Archives and the New York County Clerk's Office in Manhattan. Surviving pre-1847 records of the county-level trial courts continue to be maintained by the county clerks.


 * On July 1, 1847, pursuant to the third New York Constitution, the Supreme Court was reorganized. The Court of Chancery was abolished and its equity and statutory jurisdiction was transferred to the reorganized Supreme Court. Except in New York County, a new County Court was given jurisdiction over felony cases. Records of the county-level trial courts, i.e. the Supreme Court and the County Court, were and still are maintained by the county clerks. The major exception is in New York City, where the county clerks maintain only the civil records of the Supreme Court, while the criminal records of that court are maintained by the court clerks.


 * Probate jurisdiction has been vested in a separate system of courts since the early British colonial period. Until 1787 the Governor or county "surrogates" performed probate functions and supervised decedent estates. Since 1787 the Surrogate's Court in each county has performed those functions, though between 1778 and 1823 a Court of Probates had jurisdiction over wills and estates of New York residents dying out of state, and of non-New York residents who had property in New York.


 * Appellate courts and juvenile courts are separate subjects, and equally complicated. As my essay on "courts, state" in the Encyclopedia of New York State (2005) says, "despite several major reorganizations over the past two centuries, New York's system of multilevel, special-purpose, and locally and regionally organized courts is the most complex of any state."


 * James Folts’s essay on "courts, state" in the Encyclopedia of New York State (2005) says, "despite several major reorganizations over the past two centuries, New York's system of multilevel, special-purpose, and locally and regionally organized courts is the most complex of any state."

Types of Criminal Courts
In the colonial period, the Court of Quarter Sessions or simply the Court of Sessions, handled misdemeanor crimes in many colonies. After the Revolution, Courts of “Oyer and Terminer” performed the same function.

Most courts are held on the county or state level. In the absence of a specialized court, “county courts” might also have handled criminal matters. Some cities also have courts for specialized purposes.

More serious crimes were handled by higher courts of various names. Throughout American history, judgments of any kind could be appealed to higher courts, and in the colonial period, cases from the American colonies could be appealed to English courts, although this was rare.

Crimes against the United States are handled in Federal District or Circuit Courts, sometimes leading ultimately to the United States Supreme Court.

Types of Crimes
There are two types of crimes for which a court record has value for the genealogist:


 * 1) genealogically relevant
 * 2) genealogically significant

Genealogically relevant crimes are those relating to acts impacting family relationships and events. These include, but are not limited to:


 * 1) fornication
 * 2) bastardy
 * 3) bigamy/polygamy
 * 4) murder (if the victim was a family member)

Genealogically significant crimes are those for which the process of being brought to court, tried, judged, and sentenced will give clues suggestive of family relationships. Most criminal cases will produce such clues, if only to establish an ancestor in place and time.

Individuals who committed “genealogically significant” crimes may have been involved in the following (this list is not ordered by degree of severity, but alphabetically):


 * 1) assault
 * 2) beastiality
 * 3) breaking the Sabbath
 * 4) burglary
 * 5) counterfeiting
 * 6) distilling liquor
 * 7) disturbing the peace
 * 8) murder
 * 9) rape
 * 10) robbery
 * 11) selling liquor without a license

Crimes that also involved a group of individuals acting in concert might suggest family connections if some of the have them same surname. Such “conspiratorial” crimes include, but are not limited to:


 * 1) assault (as a group)
 * 2) counterfeiting (as a group)
 * 3) riot (unlawful assemblage)
 * 4) trespass (as a group)

The Trial Process
While there is some variation over time and place, a criminal trial usually consisted of these events:

Arrest – when a person is apprehended in the commission of a crime Presentment – when a person’s criminal activity is reported to a grand jury Indictment – when a grand jury directs the person to be arrested for the crime Trial – when the person is tried before a jury Judgment (verdict) – the decision by the jury of whether or not the person is guilty of the crime Sentence – the penalty levied by the court Execution – the application of the sentence

Sentences could include a monetary fine, forfeiture of property, corporal punishment, imprisonment, and even death. Indeed, “execution” of a sentence of death has made the phrase “execution” synonymous with the act of carrying out the death penalty.

Another type of sentence was to require the offender to give bond against committing the same crime again. This is often referred to as “recognizance,” the person agrees to pay a large sum of money if he or she commits the same crime again – or any other crime. This was often called a bond for “good behavior.” A surety was required when such a bond was entered into – and because the sum of money was usually large, the surety was often a close relative or someone else willing to guarantee the good behavior of the person convicted.

Another type of bond is a “bail bond.” This bond, which releases a person from jail while awaiting trial, also required a surety, and that person might also be a close relative.

Courts of Genealogical Value Timeline
Major New York courts that have kept records of genealogical value include the following:

 Colonial Period 

1638–1664: Director General and Council of New Netherland was the highest court and governing body in New Netherland.


 * There are three published volumes for 1638–1660: Van Laer, Arnold J. F. Register of the Provincial Secretary; Council Minutes. Baltimore, Maryland: Genealogical Publishing Company,1974. ; . Each volume is indexed. The records for 1649–1651 have been lost. Remaining records give genealogical information about many early immigrants.

1653–1674: Courts of schouts and schepens were the Dutch courts having criminal and civil jurisdiction. These were replaced by the mayor's court.


 * Records of these courts are found in Edmund Bailey O'Callaghan, translator, and Berthold Fernow, editor, The Records of New Amsterdam from 1653 to 1674 Anno Domini, Seven Volumes. (1897; reprint, Baltimore, Maryland: Genealogical Publishing Company, 1976). ; ; Volumes 5–7 on . The index is in volume 7. Immigrants and their occupations are sometimes listed.

1664–1688: Colony of New York records are found in: Christoph, Peter, editor. New York Historical Manuscripts. English. Baltimore, Maryland: Genealogical Publishing, Incorporated, 1980. ; . Volume 2: Books of General Entries of the Colony of New York, 1664–1673. Volume 3: Books of General Entries of the Colony of New York, 1674–1688. . These books list some marriages, divorces, denizations, passports, and court decisions.

1664–present: Justice's courts are presided over by justices of the peace who perform marriages, issue summons for debts, and rule on minor civil suits.

1665–1683: Court of Assizes was the highest provincial court. It was established in New York City, hearing both civil and criminal cases. Along with the Court of general sessions of the peace, the Court of Assizes had jurisdiction over probates.


 * The records for 1665–1682 have been published as Christoph, Peter R. and Florence A. Christoph, editors, New York Historical Manuscripts: English. Records of the Court of Assizes for the Colony of New York, 1665–1682 (Baltimore, Maryland: Genealogical Publishing Company, 1983). ; . Records from Oct 1680 to Oct 1682 are available online at . The records contain appeals, some probates, and divorce records.

1665–1962: Courts of general sessions of the peace were county courts having jurisdiction over criminal cases such as desertions, vice, apprenticeship disputes, bastardy, and other violations of vice and immorality laws. These courts handled probate matters from 1665 to about 1683. They heard only criminal cases after 1691. Their jurisdiction was transferred to the county court in 1847, except in New York County where the courts of general sessions of the peace continued until 1962.


 * Some early quarter sessions records have been published in Kenneth Scott, editor, New York City Court Records, 1684–1804, Genealogical Data from the Court of Quarter Sessions, Four Volumes. (Arlington, Virginia: National Genealogical Society, 1982–88). 1684–1760: ; 1760–1797: ; ;1797–1801: ;, and 1801–1804: ;. Records contain lists of persons involved in cases of stealing, assault, battery, and illegitimacy.

1674–1784: Mayor's court existed in New York City and Albany. It handled civil suits, apprenticeships, and naturalizations. Early records are in Kenneth Scott, editor, ''New York Historical Manuscripts. Minutes of the Mayor's Court of New York, 1674–1675 ''(Baltimore, Maryland: Genealogical Publishing Company, 1983). ; . This book lists probates, marriages, lawsuits, licenses, names of freemen, and persons taking allegiance oaths. The Mayor's court of Albany was established in 1686 and continued during the colonial period. The records are at the Albany County Hall of Records: See Historical Records index.

1683–1847: The Court of Chancery had statewide jurisdiction over civil equity matters, such as mortgage foreclosures, real property proceedings, sale of estates in dower and curtesy, naturalizations, matrimonial disputes, divorces, guardianships, and child custody. It absorbed the court of probate and had appellate jurisdiction over surrogate's courts. After 1847 equity responsibilities were assigned to the Supreme Court.


 * The Supreme Court of Judicature met in Albany, while the courts of Appeal met in New York City, Utica, and Geneva. The records for the Court of Appeal in New York City are maintained by the New York County Clerk's Office, while those of Albany, Utica, and Geneva are at the State Archives in Albany.


 * The Records of the New York Court of Chancery, 2nd through 8th Circuits, 1823–47, are now at the State Archives. The Records of the New York Court of Chancery, 1st Circuit, 1823–47, which sat in New York, are at the New York County Courthouse, Office of the County Clerk. They contain decrees, files, indexes, minutes, and orders. The Family History Library has some of these for the first circuit, including minutes, 1711–1847 ; indexes, 1700–1848 ; and records, 1787–1910.

1683–1895: The court of oyer and terminer and general gaol delivery was a county court that had jurisdiction over capital crimes such as treason and murder. The Family History Library has some records of the court of oyer and terminer and general gaol delivery. To see if they are available in the FHL, search in the FHLC for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The Court of Oyer and Terminer or the Court of General Gaol records will be listed under that topic. An example is the minutes of the Court of Oyer and Terminer found for St. Lawrence County, New York:

1686–1877:The Prerogative Court was headed by the governor or his delegate. It had jurisdiction over all estates in the New York City area and over larger estates elsewhere in New York Colony. The court also registered marriage licenses but did not possess jurisdiction over matrimonial proceedings like divorces. The constitution of 1777 replaced this court with the court of probates.

1691–1847: Courts of common pleas were established in each city and county to handle civil cases such as marriages, naturalizations, name changes, probates, exemptions from military duty, lunacy cases, tavern licenses, insolvency cases, old age assistance, manumissions, laying of roads, insolvency, settlement of boundary disputes, and child support and custody. They handled appeals from justices of the peace. The court was replaced by the county court. In New York City, the court of common pleas and the superior court were abolished in 1895 and their activities taken over by the supreme court. The Family History Library has some records of the courts of common pleas. Search in the FHLC for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The Court of Common Pleas records will be listed under that topic. An example is the minutes of the court of Common Pleas found for Montgomery County, New York:

1691–present: The Supreme Court is a statewide court which holds terms in each county. Since 1847, it has heard appeals from the surrogates court. Only in some counties today, usually the largest ones, does the court handle naturalizations. The county clerk is also clerk of the supreme court. The Family History Library has some supreme court records, including New York County pleading indexes for 1754–1910 and minute books for 1704–1847. The minutes for the years 1693–1701 have been published in Collections of the New-York Historical Society. New York, New York: the Society, 1957–1959.

1778–1823: The Court of Probates handled most probates from 1778–1787. Until 1783 in British-occupied New York City, Long Island, and Staten Island, the Prerogative Court (see above) handled probates also. See New York Probate Records for more information.

1787–present: Surrogates Courts are county-wide courts with jurisdiction over probates, some adoptions, and guardianships. Before 1787 surrogates were appointed to act in place of the prerogative.

1821–present: Circuit courts were the trial terms of the supreme court. The term "circuit court" was not used after 1895. Since 1896, the supreme court has held trial terms periodically in each county.

1847–present: County courts are the major trial courts for each county with jurisdiction over criminal matters, minor equity cases, and some appeals. They assumed the duties of the court of common pleas. The Family History Library has some records. The Family History Library has some records of the county courts. Search in the FHLC for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The County Court records will be listed under that topic. An example is the records of the County Court for Jefferson County, New York:

Records at County Courthouses
Most county and district court records are at local courthouses. Surrogate's court records are kept in separate offices. The New York State Archives has many pre-1847 supreme court and chancery court records, described in New York State Archives, List of Pre-1847 Court Records in the State Archives (Albany, New York: Office of Cultural Education, 1984.) ;. These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest.

“Lis pendens” is a recorded notice that title to property, both real and personal, is subject to litigation and serves as a warning to a prospective buyer. This type of court record exists in most states after 1800, but the FHL collection for New York State catalogs it separately. For further information on lis pendens in general, see Kip Sperry, “Lis Pendens as a U.S. Genealogical Source,” Genealogical Journal, 2(June 1973):51-53. ; . Explains a record that the Family History Library has for many New York Counties.

The Family History Library has microfilmed only a small portion of the available New York court records. The library has some records of courts of common pleas, courts of general sessions, county courts, courts of oyer and terminer, chancery court, supreme court, lis pendens, divisions of estates, and surrogate's court probates and guardianships.

Federal Courts
In addition to state and county courts, there are several federal circuit courts and United States district courts that have jurisdictions within New York. These include:


 * Eastern District : Brooklyn Division (Brooklyn, Kings, Queens, Richmond), Hauppauge Division (Suffolk County), and Uniondale Division (office is in Brooklyn but no specific counties are assigned)
 * Southern District : New York City Division (Bronx, New York County, and nearby counties)
 * Northern District : Albany Division (Albany and surrounding counties), Binghamton Division (Broome County and surrounding counties), Syracuse Division (Onondaga County and surrounding counties), and Utica Division (Oneida County)
 * Western District : Buffalo Division (Erie County and surrounding counties), and Rochester Division (Monroe County and surrounding counties)

To determine the correct district court for the area where your ancestor lived, call the District Court office in one of the counties of that region. A helpful reference book which has detailed information is:

Sourcebook of Federal Courts, U. S. District and Bankruptcy. Tempe, Arizona: BRB Publications, Incorporated, 1993. ;.

Records at the National Archives—Northeast Region include:


 * U.S. District Court for the Southern District of New York,
 * M886, minutes and rolls of attorneys (1789–1841),
 * admiralty case files (1790–1966),
 * prize and related records for the war of 1812 (1812–1816),
 * bankruptcy records: Act of 1800 (1801–1803), Act of 1841 (1842–1843), Act of 1867 (1867–1878), and Act of 1898 (1898–1929),
 * judgment records (1795–1911),
 * law case files (1795–1938),
 * criminal case files (1846–1868, 1913–1966)

U.S. Circuit Court for the Southern District of New York,


 * M854, minutes (1790–1875),
 * trial notes (ca. 1834–1853),
 * appellate case files (1793–1911),
 * judgment records (1794–1911),
 * law case files (1790–1912),
 * equity case files (1791–1911),
 * criminal case files (1790–1912)

U.S. Court of Appeals (known as U.S. Circuit Courts of Appeals from 1891–1948) records are at the National Archives—Northeast Region but are not available on microfilm.

These District and Circuit Court records are not available at the Family History Library. For more information about New York court procedures, see Alden Chester, Courts and Lawyers of New York, a History, 1609–1925 (New York, New York: American Historical Society, 1925). ;.

Kronman, Barbara. The Guide to New York City Public Records, Fourth Edition. (New York, New York: Public Interest Clearinghouse, 1992). ; . Includes chapters on city government, courts, libraries, and personal information. Shows how to obtain vital records, name change records, and naturalizations.

For Further Reading
Folts, James D. Duely Constantly Kept: a History of the New York Supreme Court, 1691-1847 and an Inventory of its Records. (Albany, Utica, and Geneva Offices), 1797-1847(Albany, New York: New York State Court of Appeals and New York State Archives and Records, 1991). NY Courts site - free; ;. The guide to New York Court records before 1847, but also contains an explanation of the organization of the courts after 1847. James D. Folts and state archives staff organized and described documents. See the Bibliograpy pages 115 to 125. Includes an index.

Joslyn, Roger D. “Court Records,” in Alice Eichholz. Red Book: American State, County and Town Sources, 3rd ed. (Salt Lake City: Ancestry Pub., 2004). ; . Gives a brief overview of court records in New York State.

Remington, Gordon L. “Divorce Records, New York Style.” Association of Professional Genealogists Quarterly, 12(September 1997): 90-91. ; . Explains where divorce records can be found and rules of access.

Sperry, Kip. “Lis Pendens as a U.S. Genealogical Source.” Genealogical Journal. 2(June 1973):51-53. ; .Explains a record that the Family History Library has for many New York Counties.