[L. 1920, CH. 922, AS AMENDED, 1922] AN ACT in relation to the court of claims and the jurisdiction, practice and procedure Section 1. Short title. ARTICLE 1 COURTS, JUDGES AND OFFICERS 2. Organization of court of claims. 3. Appointment of additional judges. 4. Prohibitions as to judges. 5. Salaries and expenses of judges. 6. Designation of judges for determination of appropriation cases. 7. Appointment and duties of court officers. 8. Salaries and compensation of court officers. 9. Seal of court. 10. Record of proceedings and report to legislature. 11. Annual report to comptroller. Section 1. Short title. This act shall be known as the "Court of Claims Act." EDITORIAL NOTES Thus the Source: New, as added by L 1920, ch 922. Text Changes at a Glance: Herein all new matter added or inserted by the Revisers is shown in italics, and all old matter omitted is shown in the annotations. extent of change is fully shown. Star (*) means read Not into HEADLINE in capitals. The special use herein of this simple device makes it possible to annotate alphabetically the precise point of every case by means of a headnote or Headline and a subnote or Subline followed by a reading note. Each Headline is made from the text of the Section annotated, and is arranged in logical sequence. Each Subline indexes the subject matter of its reading note, and is arranged alphabetically. The Headline and the Subline with its reading note, taken together, state completely the precise point decided, and furnish both a logical analysis and an alphabetical index. The use of such device marks a distinct advance in the art of annotating statutes by avoiding the serious defect, heretofore found in all statutory annotations, of annotating the same or closely related matters under both affirmative and negative headings, like "Particulars granted" and "Particulars not granted," of dividing contrary views of the same or similar facts, even of separating conflicting cases on precisely the same point, and of requiring the lawyer to read all the cases under both headings to find all the law. Such a division of matter necessarily sacrifices accuracy, clearness and conciseness, as well as time and efficiency, and is never justifiable. Such a defect is caused by using both affirmative and negative headings; it may be avoided, and all related matters be annotated under one heading, by using only affirmative headings and by using the Star (*) to denote the negative. So herein every heading or Headline is affirmative, like "Particulars granted"; the negative is denoted by the Star (*), placed before the case cited, which means, reading "Not" into the Headline, "Particulars not granted." For illustration, all unstarred cases show what particulars are granted, and all starred cases show what particulars are "not" granted. Do not confuse the HEADLINE printed in capitals with the Subline printed in lower case black face. § 2. Organization of court of claims. The court of claims is hereby continued. Such court shall consist of three judges, to be known as judges of the court of claims, who shall be appointed by the governor, by and with the advice and consent of the senate. The term of office of each judge shall be nine years. Whenever the term of office of a judge shall expire, or his office become vacant from any cause, his successor shall be appointed for the unexpired term. Notwithstanding the provisions of section five of the public officers law, a judge of the court of claims shall hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified, but after the expiration of such term the office shall be deemed vacant for the purpose of choosing his successor. By an order to be filed in the office of the secretary of state, the governor shall designate one of the judges as presiding judge, who shall act as such during his term, and thereafter upon the appointment of his successor, the governor shall designate such successor or any other judge of the court as presiding judge, who shall act as such during his term. A judge of the court of claims, must be an attorney and counselor-at-law admitted to practice in the courts of this state, of at least ten years' experience in practice. The judges of the court of claims shall have jurisdiction to hear and determine all matters now pending in the court of claims. Whenever in this act or in any other statute reference is made to the board of claims or any officer thereof, the same shall be deemed to refer to and mean the court of claims or an officer thereof. A determination of the board of claims, heretofore rendered shall have the same force and effect and be subjected to the same procedure as provided in this article for a judgment. EDITORIAL NOTES Source: CCP § 263, except fourth and fifth Text in italics is new matter, inserted by Star (*) means read Not into HEADLINE by judge (Smith 214 NY 140). hearing testimony Motion to dismiss: renewal at close of case (Spencer 187 NY 484). CHARACTER OF COURT OF CLAIMS- Judges: not constitutional "judicial officers" Statutory court: with limited powers (Moroney 67 Mis 58, 124 NYS 824). SECTION CITED Not applied: (PxPalmer v Travis 223 NY 150). § 3. Appointment of additional judges. The number of judges to constitute the court of claims may be increased to not more than five as provided by this section. If the presiding judge of such court shall at any time certify to the governor in writing that the accumulation of business in the court of claims requires for the disposal thereof an additional judge or judges, specifying the number, not more than two, and the term for which such additional judge or judges should be appointed, not exceeding three years, the governor may appoint, by and with the advice and consent of the senate, such additional judge or judges, for such term. If a vacancy shall occur otherwise than by expiration of term in the office of any additional judge, his successor shall be appointed by the governor, by and with the advice and consent of the senate, for the unexpired term of his predecessor in office. An additional judge appointed pursuant to this section shall, during his term of office, receive the same compensation and be allowed his expenses, payable at the same time and in the same manner as a judge of the court of claims. Except as herein provided the provisions of sections two and four of this act relating to judges of the court of claims shall apply to any such additional judge. EDITORIAL NOTES Source: CCP § 282, without change of substance; second sentence omitted as temporary. Added by L 1915, ch 1. Text in italics is new matter, added by L 1920, ch 922; "two and four of this act" read "two hundred and sixty-three." Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 4. Prohibitions as to judges. A judge shall not during his term of office practice the profession of law, or act as referee in any action or proceeding in any court of this A judge shall not hold any other office or public trust to which any salary or compensation is attached. [As amended by L. 1921, ch. 474, § 1.] state. EDITORIAL NOTES Source: CCP § 263, fourth and fifth sen- Amendment of 1921: Words "nor serve as a member of any political committee" omitted. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 5. Salaries and expenses of judges. Each judge of the court of claims shall receive an annual compensation of eight thousand dollars, payable monthly, and all actual and necessary traveling and other expenses and disbursements incurred or made by them in the discharge of their official duties elsewhere than in Albany, payable monthly, by the state treasurer on the audit and warrant of the comptroller. EDITORIAL NOTES Source: CCP § 279, without change. Added Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. SECTION CITED Not applied: (PxSwift v Luce 204 NY 478). § 6. Designation of judges for determination of appropriation cases. At least two of the judges of the court of claims shall be designated by the presiding judge thereof to devote their entire time, or so much thereof as shall be necessary, to the hearing and determination of claims filed against the state arising out of the appropriation of lands, structures, waters, franchises or other property in connection with the improvement of the Erie, Champlain and Oswego canals as provided by chapter one hundred and fortyseven of the laws of nineteen hundred and three, and acts amendatory thereof and supplemental thereto, the Cayuga and Seneca canals as provided by chapter three hundred and ninety-one of the laws of nineteen hundred and nine, and acts amendatory thereof and supplemental thereto, and for the purpose of furnishing proper terminals and facilities for barge canal traffic as provided for by chapter seven hundred and forty-six of the laws of nineteen hundred and eleven, and acts amendatory thereof and supplemental thereto. Such designations of judges may be changed in the discretion of the presiding judge, provided at least two of such judges be at all times assigned to the hearing and determination of such claims. Nothing in this section contained, however, shall be construed to limit the power of the judges so designated, cr either of them, from hearing and determining claims other than such appropriation cases whenever and to the extent that it appears to the satisfaction of such judges, or either of them, that such appropriation cases do not require their attention or that of either of them. EDITORIAL NOTES Star (*) means read Not into HEADLINE Source: CCP § 283, without change. Added in capitals. For explanation see CCA § 1. by L 1916, ch 343. § 7. Appointment and duties of court officers. The court of claims shall appoint and may at pleasure remove, a clerk, a stenographer, and an attendant, who shall also act as messenger; and they shall perform such duties as the court may prescribe. Before entering upon the duties of his office, the clerk shall make and file in the office of the comptroller, a bond for the faithful performance of his duties in an amount and with sufficient sureties to be approved by at least two of the judges, which approval shall be endorsed on said bond. The court may also appoint such other employees as may be needed. EDITORIAL NOTES Source: CCP § 266, without change, except the omission of last sentence as temporary and obsolete. Added by L 1897, ch 36. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. SECTION CITED Not applied: (PxSwift v Luce 204 NY 478). § 8. Salaries and compensation of court officers. Each officer of the court of claims shall receive an annual salary, payable monthly, and other compensation as follows: 1. The clerk, four thousand two hundred and fifty dollars. 2. The court stenographers, who shall also be deputy clerks, three thousand six hundred dollars and ten cents a folio for copies of minutes and testimony furnished at the request of and paid for by the claimant. [Am'd by L. 1922, ch. 231, in effect March 25, 1922.] 3. The stenographer to the judges, who shall also act as relief court stenographer, three thousand six hundred dollars. 4. The clerk and court stenographers and the stenographer to the judges, and relief court stenographer shall be paid their actual expenses while in the discharge of their respective duties, elsewhere than in the city of Albany, to be audited by the court and paid from the contingent fund. No charge shall be made against the state by the clerk or the stenographers for copies of minutes, testimony or papers, furnished to the attorney-general or to the court, or filed in the office of the clerk. [As amended by L. 1921, ch. 474, § 1.]. EDITORIAL NOTES Source: CCP § 280 unchanged, except matter in italics. Added by L 1897, ch 36. Text in italics is new matter, inserted by L 1921, ch 474 and L 1922, ch 251; "four thousand two hundred and fifty" read "three thousand six hundred" and "three thousand six hundred" read "three thousand" and "ten" read "five." Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. SECTION CITED Not applied: (PxSwift v Luce 204 NY 478). § 9. Seal of court. The court shall adopt and procure an official seal, with suitable device and inscription. A description of such seal, with an impression thereof, shall be filed in the office of the secretary of state. The expenses of procuring such seal shall be paid out of the contingent fund of the court. § 10. Record of proceedings and report to legislature. The court shall keep a record of its proceedings, and, at the commencement of each session of the legislature, and at such other times during the session as it may deem proper, or as the senate or assembly may request, report to the legislature the claims upon which it has finally acted, with a statement of the judgment rendered in each case. EDITORIAL NOTES— Star (*) means read Not into HEADLINE Source: CCP § 271 unchanged. Added by L in capitals. For explanation see CCA § 1. 1897, ch 36. § 11. Annual report to comptroller. On the first day of January in each year, the clerk shall report, to the comptroller, under oath, a detailed statement of his disbursements made under the direction of the court from its contingent fund during the preceding year. EDITORIAL NOTES Source: CCP § 273 unchanged. Added by L 1897, ch 36. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. ARTICLE 2 JURISDICTION AND PRACTICE PROVISIONS Section 12. Jurisdiction of court. 13. Sessions of court. 14. Court rules and procedure. 15. Notice of claim. 16. Papers to be furnished superintendent of public works in canal claims. 18. Calendar practice. 19. Notice of trial. 20. Interpleader, consolidation and new parties. 21. Bringing in parties. 22. Perpetuating testimony as to claims. 23. Examinations by attorney-general as to claims. 24. Proceedings upon failure of claimant to appear or proceed. 25. Judgments. 26. No awards except upon legal evidence. 27. Compromise of canal claims. 28. Disposition of adverse and conflicting claims. 28-a. Disposition of amount of award deposited. 29. Appeals generally. 30. Time and manner of taking appeal. 31. Case on appeal. 32. Preference on appeals in appellate court. 33. Taxation of costs, fees and disbursements. 34. Allowance for expense of searches in certain cases. 35. Expense of procuring testimony on commission. § 12. Jurisdiction of court. The court of claims possesses all of the powers and jurisdiction of the former board of claims. It also has jurisdiction to hear and determine a private claim against the state, including a claim of an executor or administrator of a decedent who left him or her surviving a husband, wife or next of kin, for damages for a wrongful act, neglect or default, on the part of the state by which the decedent's death was caused, which shall have accrued within two years before the filing of such claim and the state hereby consents, in all such claims, to have its liability determined. It may also hear and determine any claim on the part of the state against the claimant, or against his assignor at the time of the assignment, and must render judgment for such sum as should be paid by or to the state. But the court has no jurisdiction of a claim submitted by law to any other tribunal or officer for audit or determination except where the claim is founded upon express contract and such claim, or some part thereof, has been rejected by such tribunal or officer. Nothing in this act contained shall be construed to allow the court to hear any claim which as between citizens of the state would be barred by lapse of time or of any claim heretofore accrued and of which the said court or board has had jurisdiction and which was barred by lapse of time at the date when this section, as amended, takes effect. Provided further, that the court shall have jurisdiction, and may hear and determine all claims accrued and actually filed at any time prior to September first, nineteen hundred and twelve, and filed within two years from the time they accrued, though no notice of intention to file was given, as required by this section, if such claims when filed were not barred by lapse of time and the court or board had jurisdiction and authority to hear and determine the same except for the lack of such notice; and such jurisdiction shall attach without refiling or previous notice. EDITORIAL NOTES Source: CCP § 264, except fifth to tenth sen- Appropriation of will: damages (Watson 77 Board of claims not abolished: by act de- County as party defendant: bringing in on trial of claim for damages for breach of contract for road constructión (*Elmore & Hamilton Contracting Co 62 Mis 58, 115 NYS 1071). Formal tribunal: as Supreme Court (Spencer 187 NY 484, 80 NE 375 aff 110 AD 585, 97 NYS 154). Title: as between state and claimant to land taken for barge canal (PxPalmer v Travis 180 AD 25, 167 NYS 467, rev 223 NY 150, 119 NE 437); conflicting titles to realty appropriated (*PxSmith v Sohmer 215 NY 709, aff 163 AD 830, 149 NYS 276). |