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Records Of The Family History Library
     Family History Library Catalog
Archives And Libraries
Bible Records
Biography
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Court Records
Directories
Emigration And Immigration
Gazetteers
Genealogy
History
Land And Property
Law And Legislation
Maps
Military Records
Names, Personal
Native Races
Naturalization And Citizenship
Newspapers
Occupations
Orphans And Orphanages
Periodicals
Probate Records
Societies
Taxation
Town Records
Vital Records
Voting Registers
For Further Reading
Comments And Suggestions

COURT RECORDSLook this term up in the glossary.


Major New York courts that have kept records of genealogical value include the following:

1638–1664

Director General and Council of New NetherlandLook this term up in the glossary. 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: Genealogical Publishing, 1974 (FHL book 974.7 H2vL; computer number 152204). 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 schepensLook this term up in the glossary. 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, trans., and Berthold Fernow, ed., The Records of New Amsterdam from 1653 to 1674 Anno Domini, 7 vols. (1897; reprint, Baltimore: Genealogical Publishing, 1976; FHL book 974.71 P2f 1976; vols. 1–4 on film 982184; vols. 5–7 on film 982187; computer number 66671). The index is in volume 7. Immigrants and their occupations are sometimes listed.

1664–1688

Colony of New YorkLook this term up in the glossary. records are found in: Christoph, Peter, ed. New York Historical Manuscripts. English. Baltimore: Genealogical Publishing, Inc., 1980– (FHL book 974.7 H2ny vols. 2–3; computer number 207938). Vol. 2, Books of General Entries of the Colony of New York, 1664–1673. Vol. 3, Books of General Entries of the Colony of New York, 1674–1688. These books list some marriages, divorces, denizationsLook this term up in the glossary., passportsLook this term up in the glossary., and court decisions.

1665–1683

Court of AssizesLook this term up in the glossary. was the highest provincial court. It was established in New York City, hearing both civilLook this term up in the glossary. and criminalLook this term up in the glossary. cases. Along with the Court of general sessions of the peace, the Court of Assizes had jurisdiction over probatesLook this term up in the glossary..

 

The records for 1665–1682 have been published as Christoph, Peter R. and Florence A. Christoph, eds., New York Historical Manuscripts: English. Records of the Court of Assizes for the Colony of New York, 1665–1682 (Baltimore: Genealogical Publishing, 1983; FHL book 974.7 H2ny v. 4; computer number 207938). The records contain appeals, some probates, and divorce records.

1665–1962

Courts of general sessions of the peaceLook this term up in the glossary. 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, ed., New York City Court Records, 1684–1804, Genealogical Data from the Court of Quarter Sessions, 4 vols. (Arlington, Va.: National Genealogical Society, 1982–88; FHL book 974.71 P2s; computer number 286576; book 974.71 P2sk, computer number 286586; book 974.71 P2sb, computer number 485650; and book 974.71 P2sc, computer number 485651). Records contain lists of persons involved in cases of stealing, assault, battery, and illegitimacy.

1674–1784

Mayor's courtLook this term up in the glossary. existed in New York City and Albany. It handled civil suits, apprenticeships, and naturalizations. Early records are in Kenneth Scott, ed., New York Historical Manuscripts. Minutes of the Mayor's Court of New York, 1674–1675 (Baltimore: Genealogical Publishing, 1983; FHL book 974.7 H2ny v. 5; computer number 207938). 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.

1691–1847

Courts of common pleasLook this term up in the glossary. were established in each city and county to handle civil cases such as marriages, naturalizationsLook this term up in the glossary., 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.

1683–1895

The court of oyer and terminer and general gaol deliveryLook this term up in the glossary. was a county court that had jurisdiction over capitalLook this term up in the glossary. crimes such as treason and murder. The Family History Library has a few of the records.

1664–pres.

Justice's courtsLook this term up in the glossary. are presided over by justices of the peace who perform marriages, issue summons for debts, and rule on minor civil suits.

1686–1877

The Prerogative CourtLook this term up in the glossary. 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–pres.

The Supreme CourtLook this term up in the glossary. 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 indexes for 1754–1910 and minute books for 1704–1847. The records for the years 1691–1704 have been published in Collections of the New-York Historical Society. New York: the Society, 1957–1959. (Not at FHL.)

1778–1823

The Court of ProbatesLook this term up in the glossary. 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 the “Probate Records” section of this outline for more information.

1787–pres.

Surrogates CourtsLook this term up in the glossary. are countywide courts with jurisdiction over probates, some adoptions, and guardianships. Before 1787 surrogates were appointed to act in place of the prerogative.

1821–pres.

Circuit courtsLook this term up in the glossary. 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.

1683–1847

The Court of ChanceryLook this term up in the glossary. had statewide jurisdiction over civil equity matters, such as mortgageLook this term up in the glossary. foreclosuresLook this term up in the glossary., real property proceedings, sale of estates in dowerLook this term up in the glossary. and curtesyLook this term up in the glossary., naturalizations, matrimonial disputes, divorces, guardianshipsLook this term up in the glossary., 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 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.

1847–pres.

County courtsLook this term up in the glossary. 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.


Records at County Courthouses

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.

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, N.Y.: Office of Cultural Education, 1984; FHL book 974.7 A1 no. 316; computer number 401138). These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest.


Federal CourtsLook this term up in the glossary.

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 DistrictLook this term up in the glossary.: Brooklyn Division (Brooklyn, Kings, Queens, Richmond), Hauppauge Division (Suffolk County), and Uniondale Division (office is in Brooklyn but no specific counties are assigned)

Southern DistrictLook this term up in the glossary.: New York City Division (Bronx, New York County, and nearby counties)

Northern DistrictLook this term up in the glossary.: 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 DistrictLook this term up in the glossary.: 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, Ariz.: BRB Publications, Inc., 1993. (FHL book 973 P2fc; computer number 721489.)

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), judgement 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), judgement records (1794–1911), law case files (1790–1912), equity case files (1791–1911), and 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: American Historical Society, 1925; FHL book 974.7 P2c vols. 1–3; fiche 6100435–37; computer number 150530.)

Also see Barbara Kronman, The Guide to New York City Public Records, in the “For Further Reading” section of this outline.

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