HISTOEY OF STEUBEN COUNTY, NEW YORK. 



63 



Under the constitution of 1821, Hon. William B. Roch- 

 ester, of Bath, was appointed Circuit Judge for the Eighth 

 Circuit on 21st April, 1823. 



ASSISTANT ATTORNEY-GENERALS. 



This was the original designation of the office of district 

 attorney. The districts embraced several counties, and were 

 seven in number (Act Feb. 12, 1796). The office was 

 filled by the Governor and Council during pleasure. The 

 attorney-general officiated personally in New York County. 

 The following were the persons appointed under this act for 

 Steuben County and the territory then constituting the 

 Sixth District : 



William Stewart, appointed March 31, 1796. 

 Nathaniel W. Howell, " Feb. 9, 1797. 



DISTRICT ATTORNEYS. 



The office of district attorney was created April 4, 1801. 

 At first the State was divided into seven districts, as before, 

 but subsequently several new ones were formed. The fol- 

 lowing were district attorneys in the Seventh District, in- 

 cluding Steuben County : 



William Stewart, appointed March 2, 1802. 

 Daniel W. Lewis, " March 9, 1810. 



William Stewart, " Feb. 12, 1811. 



Vincent Matthews, " March 12, 1818. 



Daniel Cruger, " April 17, 1815. 



On the 21st of April, 1818, a law was passed making 

 each county a separate district. The names of those hold- 

 ino; office under this law are as follows : 



Daniel Cruger, appointed 

 John Cook, " 



Henry Welles, " 



Edward Howell, *^ 



B. W. Franklin, 

 Edward Howell, *' 



Lazarus H. Read, '"' 

 Andrew a. Chatfield, '' 

 Morris Brown, " 



June 11, 1818. 

 Feb. 19, 1821. 

 Oct. 22, 1824. 

 Feb. 7, 1829. 



1834. 



June 21, 1886. 

 March 4, 1840. 

 Dec. 2, 1845. 

 June 20, 1846. 



Under the constitution of 1846 and the amended con- 

 stitution of 1867, district attorneys have been elected as 

 follows : 



Alfred P. Ferris, elected 



Robert L. Brundage, 

 Joseph Herron, 

 John Maynard, 

 Chris. John McDowell, 

 Harlow Hakes, 

 John H. Butler,* appointed 

 John H. Butler, elected 



John H. Butler, '' 



Alphonso H. Burrell, " 

 Ellsworth D. Mills, " 

 Ellsworth D. Mills, " 



June, 1847. 

 November, 1850. 

 November, 1853. 

 January 7, 1856. 

 November, 1859. 

 November, 1862. 



1865. 



November, 1865. 

 November, 1868. 

 November, 1871. 

 November, 1874. 

 November, 1877. 



COUNTY JUDGES. 



During most of the time under the first constitution the 

 number of judges and assistant justices in the various 

 counties differed widely, in some counties the number being 

 as great as twelve of each. By an act passed March 27, 



Appointed vice Hqvyou, removed from the county. 



1818, the office of assistant justice was abolished, and the 

 number of judges was limited to five, including the first 

 judge. Under the constitution of 1821, the judges were 

 appointed by the Governor and Senate. Under the consti- 

 tution of 1846, they are elected for a term of four years, 

 and their salary fixed by the Boards of Supervisors. The 

 County Court has, under the present constitution, jurisdic- 

 tion in actions of debt, assumpsit, and covenant, in sums 

 not exceeding one thousand dollars, and such other original 

 jurisdiction as the Legislature from time to time shall give 

 it. The Legislature under this provision has conferred 

 upon the County Court equity jurisdiction for the fore- 

 closure of mortgages, the sale of the real estate of infants, 

 partition of lands, admeasurement of dower, satisfaction of 

 judgments wherever seventy-five dollars is due on an un- 

 satisfied execution, and the care and custody of lunatics 

 and habitual drunkards. 



The constitution associates with the county judge two 

 justices of the peace, to be designated by law, to hold courts 

 of sessions, with such criminal jurisdiction as the Legisla- 

 ture shall prescribe, and perform such other duties as may 

 be required by law. 



The following have been the county judges who have 

 officiated in Steuben County : 



Charles Williamson, March 31, 1796. 

 William Kersey, Jan. 29, 1803. 

 James Faulkner, Feb. 16, 1804, 

 Samuel Baker, Jan. 18, 1813. 

 Thomas McBurney, April 15, 1816, 

 James Norton, Feb. 7, 1823. 

 George C. Edwards, Jan. 13, 1826. 

 Ziba A, Leland, Jan. 9, 1838. 

 Jacob Larrowe, April 17, 1843. 

 William M. Hawley, Jan. 30, 1846. 

 David McMaster, June, 1847. 

 Jacob Larrowe, November, 1851. 

 David McMaster, November, 1855. 

 Washington Barnes, November, 1859, 

 Guy 11. McMnster, November, 1863. 

 Guy H. McMaster, November, 1867. 

 George T. Spencer, November, 1871. 

 Guy H. McMaster, November, 1877. 



SURROGATES. 



Under the first constitution, surrogates were appointed 

 for an unlimited period by the Council of Appointment. An 

 appeal lay from their decisions to the judge of the Court 

 of Probate of the State, Under the second constitution, 

 surrogates were appointed by the Governor and Senate for 

 four years. Appeals lay from their decision to the chan- 

 cellor. The constitution of 1846 abolished the office of 

 surrogate, except in counties where the population exceeds 

 forty thousand, and devolved its duties on the county 

 judge. In counties exceeding in population forty thousand, 

 the Legislature may authorize the election of surrogates. 

 They are elected for a term of four years (except in New 

 York County, where the term is three years), and are 

 allowed to take the acknowledgment of deeds and administer 

 oaths in the same manner as county judges (ch. 175, Laws 

 of 1851). 



The duties of surrogate have been performed in this 

 county by the county judge since 1847. Prior to that 

 time the office was filled by the following-named persons : 



