Page:American Historical Review vol. 6.djvu/723

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Transition from DutcJi to Englisli Rule 7 1 3 the overseers of the towns, for the Dutch custom had often called upon the existing town magistrates or the former magistrates to as- sist in the administration of justice, although a regular jury systemi was not established. More particularly, the determination of petty civil cases by arbitrators, which was a prominent part of the Dutch judicial system,' was now incorporated by Nicholls into his new code.^ In the selection of sheriff, the Dutch system of plural nomina- tion is also seen, but the method comes nearer to that adopted four years earlier in Maryland, ^ and later established in Virginia. ^ The High Sheriff for Yorkshire, holding office for one year, was to be chosen in rotation from each of the three ridings of the county. The court of sessions of the riding whose turn it was to select the sheriff, presented three names to the governor ; and from this triple nomination the governor chose the incumbent for the ensuing year. ^ This method of election of sheriff, although abolished at an early date in New York, persisted in other parts of the original territory of the Duke of York for one hundred and seventy years, and the principle of plural nominations was transplanted into the territorial policy of the United States. * The town board of the constable and eight overseers was or- ganized after both the New England and the New Netherland prac- tice. Its legislative activity corresponded, in large measure, to the ordinance-power of the New England selectmen ; but with one marked difference, which brought the board closer to the Dutch custom. The New England selectmen possessed only such powers in legislation as were delegated to them by the town-meetings, while the Dutch local courts, on the other hand, had possessed local ordinance power aside from the Director and his Council. In this respect, Nicholls copied the Dutch practice ; and followed it even further, in making the constable and overseers a judicial body as well. Thus the elective feature of the local boards of the Duke's Laws was English ; the extent of their powers was Dutch. ' See Records of N'ew Anisterdani, passim. ^ N. Y. Col. Laws, I. 7, 32, 63. Compare arbitrators in Providence, Rhode Island Colonial Records, I. 27-31. ^Archives of Maryland, Proceedings of Assembly, 1637-1664, pp. 412, 451 (1661 and 1662). <Hening, Statutes, III. 246 (1705) ; V. 515 (174S). ^N. Y. Col. La-.vs, I. 63. ^See the charter granted by Penn in 1701 to Pennsylvania and the Delaware terri- tories ; Pennsylvania constitutions of 1776 and 1790 (in force till 1837) ; Delaware con- stitutions of 1776 and 1792 (in force till 1S31); Northwest Ordinance of 1787, in the appointment of the council ; and the same feature by implication in territorial acts of Indiana, 1800; Mississippi, 1800 ; Michigan, 1805; and Illinois, 1809. VOL. VI.— 47