JURIDICAL AND OTHER STATISTICS OF THE COUNTY OF STRAFFORD IN THE STATE OF NEW HAMPSHIRE.

[By FRANCIS COGSWELL, M. A., Clerk of the Judicial Courts for said County.]

In the year 1771, under the administration of Governor John Wentworth, the then Province of New Hampshire was divided into five Counties. They were named by him, after some of his friends in England,-Rockingham, Strafford, Hillsborough, Cheshire and Grafton. Since that time the Counties of Coos, Merrimack and Sullivan have been established.

The County of Strafford was named after the Earl of Strafford, who was a distinguished member of the Wentworth family.

The boundaries of Strafford have varied but little, since it was originally erected into a County.

The towns of Holderness and Campton, which then belonged to Strafford, have been disannexed and united to Grafton County. The towns of Burton, now Albany, Chatham and Conway, which originally belonged to Grafton, now compose a part of the territory of Strafford.

This County is in the easterly part of New Hampshire, bounding on the State of Maine about seventy miles. It embraces a territory of about 1,400 square miles, and it contained, in 1775, a population of 12,513. In 1830, it amounted to 58,916. It is divided into thirty-four towns. In consequence of the sparseness of the population at the time of the division, it was provided, that the Counties of Strafford and Grafton should remain annexed to Rockingham, until the Governor, with advice of the Council, should declare them sufficient for the exercise of their respective jurisdictions. The County of Strafford remained so annexed until about the beginning of the year 1773.

The first Court holden in this County, under the new organization, was the Court of General Sessions of the Peace, which took place Feb. 23, 1773. The first Probate Court was holden April 5, 1773. The Inferior Court of Common Pleas was first holden July 15, 1773; and the Superior Court of Judicature on the last Tuesday of May, 1774. All these sessions were at Dover.

At this time there existed four kinds of Courts or Judicatories of original jurisdiction.

First. The Justice Court. Justices of the Peace within the County, were empowered to hear, &c. all actions of debt and trespass, where the title to real estate was not involved, to the value of forty shillings or under. Their jurisdiction, by an Act passed 21st February, 1794, was extended to the amount of eighty shillings, or $13 33, that being the constitutional limit.

Second. The Quarterly Courts or General Sessions of the Peace. This Court was composed of the Justices of the Peace within and for the County. It was holden four times each year until the year 1789, and after that period twice each year. In the language of the statute, it had "cognizance of all matters and things proper to the jurisdiction of said Court relating to the

conservation of the peace and punishment of offenders according to the law and statutes in force within this Province." Each session was to "continue by the space of two days and no longer." This Court existed, until, by an Act, which went into operation, October 1, 1794, it was abolished; and all their jurisdiction, except the power of granting taxes, was transferred to the Court of Common Pleas. The last session of this Court was August 1794. The greatest number of Justices ever present at any session was forty.

Third. The Inferior Court of Common Pleas in each County. This Court was composed of four Justices, and had cognizance of all civil actions triable at the common law, above the jurisdiction of a Justice of the Peace, the demand not exceeding twenty pounds, when the title to real estate was not involved. It was holden quarterly, and immediately after the Courts of Sessions had

closed.

Fourth. The Superior Court of Judicature, which had jurisdiction throughout the whole Province. This Court was composed of one Chief Justice and three other Justices, who held a session one or more terms in each County annually. It had "cognizance of all pleas and causes, as well civil as criminal, not under the value of twenty pounds, except where title of land was concerned, as fully and amply to all intents and purposes whatsoever as the Courts of King's Bench, Common Pleas and Exchequer within his Majesty's Kingdom of England have or ought to have." Appeals were authorised under certain conditions and limitations from the Justice Court to the Court of Common Pleas, in civil, and to the Court of Sessions, in criminal cases. From the Court of Sessions to the next Court of Assize and Gaol delivery. From the Court of Common Pleas to the Superior Court of Judicature; and from the Superior Court to the Governor and Council, or unto his Majesty in Council, according as the sum in controversy was less or over three hundred pounds.

In consequence of the Revolution, it became necessary for the Colony of New Hampshire to establish a new form of Government and a new system of Judiciary. Accordingly, on the 5th of July, 1776, the General Court established a Judiciary System, similar to the one established before the Revolution, being altered so far only, as the exigency of the times demanded. This system, with the exception of the Court of Sessions, continued in force, substantially the same, until December 8, 1804, when it was provided by law, that at any time when a vacancy should happen in the Superior Court or Court of Common Pleas, each of said Courts should consist of a Chief Justice and two other Justices. The extent of the jurisdiction of the two last named Courts were at times somewhat altered, but the system remained until June 24, 1813, when the Legislature remodeled the Judiciary, by establishing a Supreme Judicial Court to consist of a Chief Justice and two Associate Justices. This Court was to have all the jurisdiction and powers previously vested by law in the Superior Court of Judicature. The State was also divided into two Circuits-the Eastern and Western. In each was established a Circuit Court of Common Pleas to consist of one Chief Justice and two Associate Justices. This Court was to have jurisdiction of all actions, offences, crimes, &c. such as were then cognizable by the Courts of Common Pleas. And the Superior Court of Judicature and Courts of Common Pleas were abolished.

This system remained until 27th June, 1816, when the Supreme Judicial Court and Circuit Courts were abolished, the Superior Court of Judicature revived, and the State divided into two Districts called the First and Second Districts. In each of which was to be a Chief Justice, "skilled in the law," and in each County two Associate Justices of the Courts of Common Pleas. The Chief Justice and the Associate Justices of each County were to possess all the power and jurisdiction of the Courts of Common Pleas previous to 24th June, 1813.

By an Act of the Legislature, passed 15th December, 1820, all the jurisdiction in civil and criminal matters, then appertaining to the Courts of Common Pleas, (except what is commonly termed Sessions matters,) was transferred to and vested in the Superior Court of Judicature-and the Court of Common Pleas was changed into a Court of Sessions.

Under this system, all trials by Jury were had before the Superior Court of Judicature.

A Court of Common Pleas for the State of New Hampshire was established by an Act, passed December 21, 1824. This Act went into operation February 1, 1825. This Court had original jurisdiction in all civil matters above the jurisdiction of Justices of the Peace, and appellate jurisdiction in all appeals from Justices of the Peace; and final jurisdiction in all personal actions wherein the sum demanded in damages did not exceed fifty dollars. At this Court there was no Grand Jury. The whole original criminal jurisdiction remained with the Superior Court, as did also the jurisdiction of a large proportion of the civil cases. The Superior Court had original jurisdiction, concurrent with the Court of Common Pleas, of all real actions, and of all personal actions wherein the sum demanded in damages exceeded one hundred dollars. By the same Act, the Courts of Sessions were abolished, and their jurisdiction vested in the Court of Common Pleas.

By an Act of the General Court, passed December 29, 1832, the Court of Common Pleas was abolished, and Courts of Common Pleas for each County were established. Two Judges of the Common Pleas are appointed in each County, who, together with at least one of the Justices of the Superior Court, constitute a County Court of Common Pleas. The Superior Court Justice presides at the trial of actions, while all the Sessions business, together with whatever particularly concerns the affairs of the County, is committed to the decision of the County Judges. To this Court was transferred all the jurisdiction of the State Court of Common Pleas, and also, all the jurisdiction, civil and criminal, of the Superior Court of Judicature, with some exceptions. This County Court of Common Pleas is now the only Court, above the Justice Court, for the trial of matters of fact, whether of a civil or criminal nature. No Jury, either Grand or Petit, is drawn for any other Court. The number of Justices of the Superior Court of Judicature was increased to four. All questions of law, that are reserved at the trials in the Court of Common Pleas, are heard and decided at the full Bench of the Superior Court of Judicature.

The Superior Court has original jurisdiction of all writs of error, audita querela, appeals from Judges of Probate, petitions for partition of real estate, certain proceedings in chancery, &c.

The above is a concise history of the different systems of the Judiciary in New Hampshire, since the division into Counties. No material change or alteration, it is believed, is omitted.

It will be perceived, that there has always been in each County since 1773, with the exception of a few years, a Court of Common Pleas, for the trial of actions at Common Law, emphatically, though perhaps not technically, called a County Court.

In the list of Judges hereto appended, are included those only, who resided in this County, and were, in fact, the County Judges.

In the list of County Officers which follows, it is intended to state their residence, while in office, the place of their birth, if known, the time they were appointed or entered upon the duties of their respective offices, and the time they ceased to act. In some cases, it is probable, the time will not agree with the actual time of appointment, but in most instances it will. Some brief general remarks are appended.

Judges of all Courts hold their offices until 70 years of age. Sheriffs, Solicitors and Registers of Probate now hold their offices for the term of five years. These are all appointed by the Governor, with the advice of Council.

Most of the facts here stated were obtained from official and other authentic sources. It is presumed, however, that some errors of dates, &c. may be found in the article, though great efforts have been made to have it accurate. The nature of the subject is such as to render perfection, almost, if not altogether, impossible.

1775 Born 30 March, 1719. Speaker of the House of Assembly, Judge of Probate for the Province, Judge of the Superior Court, and for six years Counsellor under the Revolutionary government. Died 18 May. 1781.

Member of the Continental Congress in '76, 77, and 79. Counsellor for three years under the Revolutionary government. Died 21 June, 1796, aged 76.

Member of the House and of the Committee of Safety in the Revolution. Died 27 Oct. 1801, aged 75

Born Nov. 1715. Was a practising Physician more than sixty years in Somersworth.
Died 30 March, 1800.

1784 1787 Is supposed to have been a native of Epping or Exeter. Was an early settler in
Meredith. A Representative, President of the Senate, and Judge of Probate.
Died 22 Aug. 1807, aged 73.

1784 1810 Son of Nathaniel Cogswell, who was a merchant at Haverhill, Ms. and spent the last
of his days at Atkinson, N H. Born 4 Aug. 1746. Was a Colonel in the Revo-
Jution. Died 3 Sept. 1810, aged 64 years.

William Badger

Richard Dame

Valentine Smith

Samuel Quarles

Henry Y. Simpson
Henry B. Rust
Ezekiel Hurd

1795 A Physician, Member of Provincial Assembly, and of the Committee of Safety, and
five years Counsellor during the time of the Revolution, Judge of the Superior
Court, and Secretary of State. Died 15 Aug. 1802, aged 65.
1793 1794 Member of House of Representatives and of Congress. Died 1812, aged 64.
1813 Member of House and Senate. Died 28 April, 1838, aged 70.
1799 Born 21 July, 1729. Representative. Moved to Sandwich in 1767. Died 7 April,
1796 1802 Same as above.

An Officer in the Revolution. Member of the House and Senate. Died 6 Jan. 1820.
Member of the House. Counsellor from 1797 to 1803. Died 24 Feb. 1822, aged 78.
Son of General Joseph Badger, Junior, and Grand-Son of General Joseph Badger,
Senior. Representative, President of the Senate, twice Elector of President and
Vice-President, Sheriff, and Governor.
1819 Representative, Senator and Counsellor, 1809-1811. Died 19 Sept. 1828, aged 72.
Has been Representative from Durham.

Representative, Senator, Counsellor, 1814-1817, and Elector of President and Vice-
President twice.

Has been a Representative from New Hampton.

1833 1838 Representative and Senator.