the attorney-general, and upon the clerk, in like manner as in the supreme court, a written notice to the effect that the appellant appeals from the order or from the judgment or from a specified part thereof, and briefly stating the grounds of the appeal. Id. § 277. [Added, 1897.] Case on appeal. With the notice of appeal from a judgment, the appellant shall serve upon the adverse party a case containing so much of the evidence as the appellant may deem necessary to present the questions raised by the appeal. Within ten days after the service of the case, the respondent may propose and serve amendments thereto, and the case may be settled upon five days' notice by any judge of the court. Notice of the settlement may be served by either party, within ten days after service of the proposed amendments. The court or a judge thereof may extend the time for serving a case or amendments. Id. § 278. [Added, 1897.] Preference on appeals. An appeal taken after the calendar for a term of the appellate court is prepared may be placed thereon upon the application of the attorney-general at any time during the then current term, and brought on for hearing as a preferred cause upon a notice of fourteen days. Id. § 279. [Added, 1897; am'd, 1906, 1910, 1911, 1915.] 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. Id. Am'd by L. 1906, c. 692; L. 1910, c. 684; L. 1911, c. 856; L. 1915, c. 1 (in effect January 28, 1915). § 280. [Added, 1897; am'd, 1907, 1911, 1915.Į Salaries of officers of court of claims. Each officer of the court of claims shall receive an annual salary, payable monthly, and other compensation as follows: 1. The clerk, three thousand dollars. 2. The court stenographers, who shall also be deputy clerks, two thousand five hundred dollars and five cents a folio for copies of minutes and testimony furnished at the request of the claimant. 3. The attendant, including his services as messenger, twelve hundred dollars. 4. The clerk, court stenographers and attendant 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. Id. Am'd by L. 1907, c. 580; L. 1911, c. 856; L. 1915, c. 1 (in effect January 28, 1915), and c. 100 (in effect March 19, 1915). § 281. [Added, 1901.] Interpleader, consolidation and new parties. Jurisdiction and powers are also conferred upon the court of claims in its discretion, to order other parties, known or unknown, to be brought in and made parties to any action or proceeding pending in said court or substituted whenever it appears or is made to appear to the court, necessary to a complete determination of the controversy, or the determination of a liability; to consolidate claims or actions, to order interpleader, in the same manner and to like extent and with like effect in matters over which said court of claims have or shall have jurisdiction, as is conferred upon other courts by sections 452, 756, 817, 820 and 2518 of this code. Said parties may be brought in by order instead of by citation or summons, which order may be served personally or by publication in like manner as is provided for the service of a citation in surrogate's court; and in the cases provided in this section the said court may render judgment for or against any of the parties in said action or proceeding as may be just and equitable. Added by L. 1901, c. 286 (in effect April 5, 1901). § 282. [Added, 1915.] 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 attorney-general 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, the governor may appoint, by and with the advice and consent of the senate, such additional judge or judges, each of whom shall 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 terms of any such additional judge shall expire January first, 1918. If a vacancy shall occur otherwise than by expiration of term in the office of any such 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. If at any time prior to January first, 1918, it appears to the satisfaction of the governor that the necessity for having any such additional judge no longer exists, he may file a certificate to such effect in the office of the secretary of state and thereupon the term of such additional judge shall expire. Such an additional judge, 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 section 263 relating to judges of the court of claims shall apply to any such additional judge. Added by L. 1915, c. 1 (in effect January 28, 1915). 778-2 § 283. (Added, 1916.] Determination of appropriation cases; assignment of judges. 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 147 of the laws of 1903, and acts amendatory thereof and supplemental thereto, the Cayuga and Seneca canals as provided by chapter 391 of the laws of 1909, 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 746 of the laws of 1911, 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, or 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. Added by L. 1916, c. 343 (in effect April 27, 1916). § 284. [Added, 1916.] Calendar practice. A calendar shall be prepared by the clerk of the court of claims for each regular session thereof. Such calendar shall be comprised of all pending claims in the district where such session is to be held and the claims shall appear therein in the order of the date of the filing thereof respectively. The attorney-general may notice any of such claims for trial at any such term by serving upon the attorney for the claimant a notice of trial at least fourteen days before the commencement of such term. When any claim of the character mentioned in the last preceding section is reached for trial by the court, if the claimant fails to appear, or if he appears but is not ready to proceed to the trial thereof, the court, in its discretion, may. proceed forthwith to take proofs and testimony therein offered by the state or otherwise, and may make an award in accordance therewith and cause a judgment to be entered thereon. If, in such a case, the court shall decide not to proceed forthwith to take such proofs and testimony, interest shall not accrue or be allowed upon such claim between such date and the entry of judgment in such case, unless, in the exercise of its discretion, for good cause shown, the court shall otherwise determine. When any claim other than one of those mentioned in the last preceding section is noticed for trial as herein provided, if the claimant fails to appear, the court, upon the motion of the attorneygeneral, may dismiss the same, in which event such default shall not be opened nor shall such claim be restored to the calendar except upon the motion of the attorney for the claimant, based upon affidavits showing a reasonable and satisfactory excuse for such default and that such claim is a meritorious one. Such notice of motion and the affidavits upon which the same is based shall be served upon the attorney-general at least eight days before such application, unless a shorter time shall be ordered by the court. Whenever any interest-bearing claim, other than one of those mentioned in the last preceding section, shall have been dismissed and thereafter restored to the calendar as herein provided, no interest shall accrue or be allowed thereon between the date of such dismissal and the entry of judgment in such case. Added by L. 1916, c. 343 (in effect April 27, 1916). §§ 285-313. [Repealed by L. 1895, c. 946, § 2.] § 314. [Repealed by L. 1877, c. 416.] 77a-4 Sec. 315. Jurisdiction. TITLE IV. The city court of the city of New York. 316. The last section limited. 317. Jurisdiction in special causes. 318. Power to naturalize aliens. 319. Removal of action to supreme court from city court. 319a. Removal of causes in certain cases from city court to supreme court. 319b. Vacation of judgment in certain cases. 320. Justices; their general duties. 321. How suspended from office. 322. Chief-justice; how designated; his general duties, etc. 323. Justices may make rules. 324. Court when open; justices to designate terms; routine of business. 325. Terms, where held; publication of appointments. 326. Justices may take oaths, acknowledgments, etc. 327. Orders, etc., how made. 328. Clerk, deputy-clerks, assistants, stenographer, etc.; their salaries. 329. General duties of deputy-clerk. 330. Special deputy-clerks. 331. Clerk to account monthly for fees, and pay over the same. 332. Stenographers. 333. Official oath; interpreters. 334. Id.; penalty for misconduct. 335. The justices must appoint attendants; their salaries. 336. Clerks, interpreter and attendants not to receive fees. 337. Suspension of an officer of the court. 338. What mandates may be executed without the city. §315. [Am'd, 1877, 1895, 1911.] Jurisdiction. The jurisdiction of the city court of the city of New York,1 extends to the following cases: 1. An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking or detention thereof. 2. An action to foreclose or enforce a lien upon real property in the city of New York, created as prescribed by statute, in favor of a person, who has performed labor upon, or furnished materials to be used in the construction, alteration or repair of a building, vault, wharf, fence, or other structure; or who has graded, filled in, or otherwise improved, a lot of land, or the sidewalk or street in front of or adjoining a lot of land. 3. An action to foreclose or enforce a lien, for a sum not exceeding five thousand dollars, exclusive of interest, upon one or more chattels. 4. The taking and entry of a judgment, upon the confession of one or more defendants, where the sum, for which judgment is confessed, does not exceed five thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is entered. From L. 1872, c. 629, § 3; L. 1874, c. 545, § 5; L. 1875, c. 479, § 1; L. 1875, c. 379, $51. 2. Am'd by L. 1877, c. 416; L. 1895, c. 946; L. 1911, c. 569 (in effect Sept. 1, 1911). 1 Until 1883 this court was called the Marine Court. The name was changed by L. 1883, c. 26. Where the sum of $5,000 is found in §§ 315, 316, the amount was, before Sept. 1, 1911, $2,000. This change was made by L. 1911, c. 569. This amendment has been beld unconstitutional and void in Lewkowicz v. Queen Aeroplane Co., 207 N. Y. 290. |