118
 

HISTOEY  OE  THE BENCH  AKD  BAR  OE  NEW  Y'OKK
 

held his office during good behavior, or until he reached the age of
sixty years. The second constitution, however, changed the tenure of
ofiice to five years, and gave the governor the power of appointment.
John T. Irving was appointed first judge. Among those who were
judges of the court prior to 1846 were Daniel P. Ingraham, who after¬
ward became a justice of the Supreme Court, and Charles P. Baly,
who to-day, after a service of nearly forty years on the bench, is still
vigorously practicing law.

The Superior Court of the city of New York was established
under an act passed March 31, 1828. It had the same jurisdiction as
the Supreme Court in all civil causes. Its creation was brought about
by the fact that it was impossible to reach a trial in the Supreme
Court in less than twelve or fifteen months after the return of the
process. The first chief-justice of the court was Samuel Jones, who
resigned the office of chancellor to accept the office of chief-justice of
the Superior Court. Josiah Ogden Hoffman and Thomas J. Oakley
were the other two judges. The chief-justice and the justices were
appointed by the governor with the consent of the senate, and held
office for a term of five years.

Justices of the peace existed prior to the Revolution, and were
continued after it by various statutes passed at different times. They
were the courts nearest the people.

Chapter 44 of the third session, passed February 26,1780, empow-

ered justices of the
peace, mayors, recorders,
and aldermen to try
cases to the value of one
hundred pounds and
under. It enacts that
all causes, actions, and
cases of debt, slander,
trespass, replevin, or ior damages, where the amount demanded did
not exceed the sum of £100,,shall be heard before one of the justices
of the peace of any of the counties, or the mayor or recorder or alder¬
men of the Cities of New York, Albany, and the borough of West¬
chester, respectively.

The defendant was required to appear forthwith, when the process
was by warrant, and when by summons not less than six days nor more
than twelve days were given for his appearance. The judgment was
to be given within four days after the trial. If the magistrate who
issued the warrant was absent, the defendant was carried before any
other magistrate of the same city, town, borough, manor, precinct, or
district.

1 Union College realized S284,0OO by lotteries, and the    " deemed not only reapectable bnt legitimate."   Legis-
College of Pbyeiciane and Snrgeons I6S.O0O,     Such   lation after 1830 brouglit lotteries into disfavor,
schemes were common between 1799 and  1820,   and