270. Duty of attorney-general and superintendent of public works. 271. Record of proceedings; report. 272. Expense of procuring testimony on commission. 273. Annual report to comptroller. 274. Cost not to be taxed, 275. Appeals. 276. Time and manner of taking appeal. 277. Case on appeal. 278. Preference on appeals. 279. Salary of judge of court of claims. 280. Salaries of officers of court of claims. 281. Interpleader, consolidation and new parties. 282-285. Provisions relating to superior city courts repealed, see notes after sections following herein in their order. [Repealed.] § 263. Court of claims. The board of claims is continued, and shall hereafter be known as the court of claims. The court consists of the commissioners of claims now in office and their successors, who shall hereafter be known and designated as judges of the court of claims. Judges shall be appointed by the governor, by and with the advice and consent of the senate. Whenever the term of office of a judge shall expire, or a vacancy shall occur therein otherwise than by expiration of term, his successor shall be appointed for a full term of six years from the expiration of the preceding term, or from the occurrence of the vacancy, as the case may be. 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 a presiding judge, who shall act as such during his term; two of the judges shall constitute a quorum for the transaction of business. Added by ch. 36 of 1897. Am'd by ch. 16 of laws of 1904. In effect March I, 1904. Original section repealed by ch. 946 of 1895. See art. VII, § 6, New York Const. See also, § 2, sub. 15. Sce ch. 36 of 1897, §§ 3-5. § 264. Jurisdiction. The court of claims possesses all the powers and jurisdiction of the board of claims. It also has jurisdiction to hear and determine a pri vate claim against the state, which shall have accrued within two years before the claim is filed. 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. Where jurisdiction to hear and de 74 termine a claim is conferred upon the court by a special law, the liability of the state is not thereby implied, but such a claim is subject to defense and counterclaim by the state in the same manner and to the same extent as if presented under a general law. § 265. Rules and procedure. The court may establish rules for its government, and the regulation of practice therein; prescribe the forms and methods of procedure before it, vacate or modify judgments and grant new trials. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 266. Officers. The court shall appoint, and may at pleasure remove, a clerk, a deputy clerk, a stenographer, and a marshal, 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 267. 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 268. Sessions, duty of sheriff. The court shall hold at least four sessions in each year at the capitol in 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 proceeding. The sheriff of any county, except Albany, shall furnish for the use of the court suitable rooms in the court house 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 269. 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 appropri ated 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 attorneygeneral 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 sixty-six of the code of civil procedure; 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. Original section repealed by ch. 946 of 1895. Am'd by ch. 440 of 1901. § 270. 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 the superintendent of public works on request from the attorney-general, shall furnish such assistance as he may require in subpoenaing witnesses and preparing the cases for trial. The attorneygeneral may designate a clerk in his office to assist in the preparation of cases for trial, and to attend a term of the court. His reasonable and necessary expenses while engaged in such duty, except in Albany, when approved by the attorney-general, shall be audited by the court and paid out of its contingent fund. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. 271. 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 272. 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 expenses incurred by the attorney-general shall be paid out of the contingent fund of the court. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 273. 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 274. 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 275. 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. See § 190, 191. § 276. 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 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 277. 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. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 278. 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 attorneygeneral at any time during the then current term, and brought on for hearing as a preferred cause upon a notice of fourteen days. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 279. Salary of judge of court of claims. Each judge of the court of claims shall receive an annual compensation of five thousand dollars, payable monthly, and also his necessary expenses, not exceeding five hundred dollars per annum. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 280. 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, four thousand dollars. 2. The deputy clerk, two thousand five hundred dollars. 3. The stenographer, two thousand five hundred dollars and five cents a folio for copies of minutes and testimony furnished at the request of the claimant. 4. The marshal, including also his services as messenger, twelve hundred dollars. The clerk, deputy clerk, stenographer and marshal 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 stenographer for copies of minutes, testimony or papers, furnished to the attorney-general or to the court, or filed in the office of the clerk. Added by ch. 36 of 1897. Original section repealed by ch. 946 of 1895. § 281. 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 four hundred and fifty-two, seven hundred and fifty-six, eight hundred and seventeen, eight hundred and twenty and twenty-five hundred and eighteen 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 ch. 286 of 1901. Original section repealed by ch. 946 of 1895. 282. Special and trial terms by whom held, Repealed by chapter 946 of 1895. § 283. New records, etc., in place of those mutilated or injured. Repealed by chapter 946 of 1895. 284. Clerks and deputy-clerks. Repealed by chapter 946 of 1895. 285. Special deputy-clerks. Repealed by chapter 946 of 1895. |