Page images
PDF
EPUB

court of claims, except that after this section as amended takes effect and until the appointment and qualification of judges of the court of claims they shall not hear, try or determine any claim, or entertain a motion or make an order affecting the substantial rights of a party. During the period of three months after the first appointment and qualification of judges hereunder, such commissioners shall have power to determine and dispose of questions, claims and matters which shall have been finally submitted to and heard by such board on or before January 23, 1915, in the same manner and with the same effect as if such board had not been abolished. Such commissioners shall for their services rendered during such period of three months receive compensation at the rate of five hundred dollars per month. A judge of the court of claims, appointed under the provisions of this section, as amended, 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. 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 state. A judge shall not hold any other office or public trust to which any salary or compensation is attached,1 nor serve as a member of any political committee. Except as herein otherwise provided, the judges appointed under this section shall have jurisdiction to hear and determine all matters pending in the court of claims at the time they shall take office, and all matters pending in the board of claims at the time when this section, as amended takes effect, shall be heard and determined by the court of claims. But if any matter or claim be left undisposed of by the commissioners of claims, the court of claims shall have jurisdiction thereon. Whenever in this act or in any other statute, heretofore enacted or enacted at the legislative session of the year 1915, 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.

Added by L. 1897, c. 36. Am'd by L. 1904, c. 16; L. 1906, c. 692; L. 1911, c. 856; L. 1915, c. 1 (in effect January 28, 1915).

§ 264. [Added, 1897; am'd, 1905, 1906, 1908, 1912, 1915.] Jurisdiction. 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

1 By L. 1915, c. 100, § 2, it is provided that a judge of the court of claims shall not be prevented by the provisions of § 263 of the Code from serving as a member of a constitutional convention and receiving the salary or compensation attached to that office.

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. In no case shall any liability be implied against the state, and no award shall be made on any claim against the state except upon such legal evidence as would establish liability against an individual or corporation in a court of law or equity. No claim other than for the appropriation of land shall be maintained against the state unless the claimant shall within six months after such claim shall have accrued, file in the office of the clerk of the court of claims and with the attorney-general a written notice of intention to file a claim against the state, stating the time when, and the place where such claim arose and in detail the nature of the same, which notice shall be signed and verified by the claimant before an officer authorized to administer oaths. The attorneygeneral may require any person filing such a notice of claim for any cause whatever against the state to be sworn before him or one of his deputies designated by him for that purpose within the county of the claimant's residence, relating to such claim, and when so sworn, to answer orally as to any facts relative to the justness of such claim. Willful false swearing before the attorney-general or deputy attorney-general is perjury and punishable as such. Provided further, that nothing herein 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 1, 1912, 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.

Added by L. 1897, c. 36. Am'd by L. 1905, c. 370; L. 1906, c. 692; L. 1908, e. 519; L. 1912, c. 545; L. 1915, c. 1 (in effect January 28, 1915).

§ 265. [Added, 1897; am'd, 1906, 1915.] Rules and procedure.

The court may establish rules for its government, and the regulation of practice therein; prescribe the forms and method of procedure before it, vacate or modify judgments and grant new trials, and except as otherwise provided in said rules and regulations, or the code of civil procedure, the practice shall be the same as in the supreme court. Rules of the board of claims or former court of claims, now in force, shall continue to be the rules of the court of claims until changed by such court.

[ocr errors]

Chap

Added by L. 1897, c. 36. Am'd by L. 1906, c. 692; L. 1915, c. 1 (in effect January 28, 1915).

$266. [Added, 1897; am'd, 1906, 1909, 1911, 1915.] 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 indorsed on said bond. The court may also appoint such other employees as may be needed. The clerk and stenographer appointed by the board of claims are continued as such officers and employees of the court of claims until the appointment and qualification of their successors.

Added by L. 1897, c. 36. Am'd by L. 1906, c. 692; L. 1909, c. 586; L. 1911, c. 856; L. 1915, c. 1 (in effect January 28, 1915).

§ 267. [Added, 1897.] 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 expense of procuring such seal shall be paid out of the contingent fund of the court.

Id.

§ 268. [Added, 1897; am'd, 1906, 1911, 1915.] Sessions; duty of sheriff. The court shall hold at least eight sessions each year, and unless otherwise ordered by the court shall be held as follows: On the fourth Monday of January at the city of Albany; on the third Monday of February at the city of Syracuse; on the fourth Monday of March at the city of Utica; on the fourth Monday of April at the city of Albany; on the fourth Monday of May at the city of Rochester; on the third Monday of June at the city of Buffalo; on the fourth Monday of September at the city of Albany; on the fourth Monday of November at the city of Albany, and it may also hold adjourned or special sessions at such other times and places in the state as it may determine. It may also hold a session and take testimony where the claimant resides or where the claim is alleged to have arisen, or in the vicinity, and may view any premises affected by the proceedings, and in case of any appropriation of land by the state, the value of which shall exceed five hundred dollars, it shall be the duty of the court, or the judge or judges hearing the claim, to view the premises affected by the appropriation. The sheriff of any county, except Albany, shall furnish for the use of the court suitable rooms in the courthouse of his county for any session ordered to be held thereat and shall if required attend said session. His fees for attendance shall be paid out of the contingent fund of the court at the same rate as for attending a term of the supreme court in that county.

A session of the court may be conducted and testimony and proof taken and arguments heard thereat, by one or more judges to be designated by the presiding judge; but no determination or judgment of the court shall be rendered except upon the concurrence of at least two of the judges of the court. Not more than three judges shall sit in any case.

Adjourned or special sessions of the board of claims heretofore designated to be hereafter held, shall be held as sessions of the court of claims unless such court shall cancel such designations. Id. Am'd by L. 1906, c. 692; L. 1911, c. 856; L. 1915, c. 1 (in effect January 28, 1915), and c. 100 (in effect March 19, 1915).

§ 269. [Added, 1897; am'd, 1901, 1909.] Judgments.

The determination of the court upon a claim shall be by a judgment

to be entered in a book to be kept by the clerk for that purpose, and signed and certified by him. Within ten days after the entry of the judgment, the clerk shall serve a certified copy thereof on the claimant or his attorney and also upon the attorney-general. If the claim arises in a case where the state seeks to appropriate or has appropriated land for a public use, the judgment shall contain a description of such land. A transcript of a judgment in favor of the state, certified by the clerk of the court, may be filed and docketed in the clerk's office of any county; and upon being so docketed shall become and be a lien upon the property of the claimant in that county, to the same extent and enforceable by execution in the same manner, as a judgment of the supreme court. A final judgment against the claimant on any claim prosecuted as provided in this article shall forever bar any further claim or demand against the state arising out of the matters involved in the controversy. Interest shall be allowed on each judgment of the court of claims from the date thereof until the twentieth day after the comptroller is authorized to issue his warrant for the payment thereof or until payment, if payment be made sooner. But no such judgment shall be paid until there shall be filed with the comptroller a copy thereof duly certified by the clerk of the court of claims together with a certificate of the attorney-general that no appeal from such judgment has been or will be taken by the state, and a release and waiver by the attorney for the claimant of any lien for services upon said claimant's cause of action, claim, award, verdict, report, decision or judgment in favor of said claimant, which said attorney may have thereon under and by virtue of section 475 of the Judiciary Law; and where damages are awarded for the permanent appropriation of land for a public use, there shall also be filed with the comptroller a satisfactory abstract of title and certificate of search as to incumbrances, showing the person demanding such damages to be legally entitled thereto. The provisions of this section as to limitation of interest shall not apply, however, to judgments paid from the various trust funds or sinking funds of the state, which funds shall be entitled to interest until the twentieth day after an appropriation is available for the reimbursement thereof or until payment, if payment be sooner made.

Id. Am'd by L. 1901, c. 440; L. 1909, c. 65.

§ 270. [Added, 1897; am'd, 1905.] Duty of attorney-general and superintendent of public works.

The attorney-general shall represent the state in all proceedings relating to claims. In all cases of canal claims a copy of each such claim and of notice of claim which is or may hereafter be required to be filed with the court of claims shall be filed with the superintendent of public works who on request from the attorney-general, shall furnish such assistance as he may require in subpœnaing witnesses and preparing the cases for trial. The attorney-general may designate a clerk in his office to assist in the preparation of cases for trial and to attend a term of the court. And no claim brought against the state on account of the canal shall be settled or compromised for any amount without the written consent thereto by the superintendent of public works or his duly authorized representative.

Added by L. 1897, c. 36. Am'd by L. 1905, c. 370 (in effect May 4, 1905).

§ 271. [Added, 1897.] Record of proceedings; report.

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.

Id.

§ 272. [Added, 1897.] Expense of procuring testimony on commission. When testimony is taken on commission, at the instance of the claimant, the expense thereof including the fees of the commissioner, shall be paid by the claimant; and when taken at the instance of the state, such fees and all expense incurred by the attorney-general shall be paid out of the contingent fund of the court.

Id.

§ 273. [Added, 1897.] 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.

Id.

§ 274. [Added, 1897; am'd, 1909.] Costs not to be taxed.

Costs, witnesses' fees and disbursements shall not be taxed, nor shall counsel or attorney fees be allowed by the court to any party. The said court of claims, whenever the appraised value of the premises appropriated shall be less than $200, shall in their award make a reasonable allowance for the expense of procuring the abstract of title and certificate of search as to incumbrances, which the statutes require shall be furnished the comptroller before payment of any damages which may be awarded for the permanent appropriation of land or water.

Id.; L. 1884, c. 336, § 3. Am'd by L. 1909, c. 65.

§ 275. [Added, 1897.] Appeals.

Either party may appeal from an order or judgment of the court of claims to the appellate division of the supreme court of the third department. The appeal from a judgment may be taken upon questions of law or of fact, or both, or for an alleged excess or insufficiency of the judgment. Upon such appeal, the court may affirm, reverse, or modify the judgment, or dismiss the appeal, or grant a new trial. The provisions of this code relating to appeals in the supreme court apply, so far as practicable, to appeals from orders or judgments of the court of claims, except as modified in this article.

Id.

§ 276. [Added, 1897.) Time and manner of taking appeal.

An appeal must be taken within thirty days after the entry and service of the order, or the service by the clerk of a certified copy of the judgment, by serving upon the claimant or his attorney, or upon

« PreviousContinue »