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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. Am'd by L. 1906, ch. 692; L. 1915, ch. 1, in effect Jan. 28, 1915.
§ 265-a. [Added, 1918.] Perpetuating testimony.
At any time after a claim shall have been filed against the state, testimony in relation thereto may be perpetuated, upon the application of the attorney-general or of a claimant to the court of claims or a judge thereof, in accordance with rules and regulations which the court of claims is hereby authorized to establish for the purpose, or, in the absence thereof, in substantial accordance with chapter nine, title three, articles one and two of the code of civil procedure; provided, however, that at any time after the state shall have lawfully appropriated lands, structures, waters, franchises or any other property whatsoever, the attorney-general or a claimant may apply to a justice of the supreme court for the perpetuation of testimony pursuant to chapter fourteen, title one, article ten of the code of civil procedure and upon such application it shall not be necessary to show that the property for one year next preceding the date of the petition has been in the possession of the state, or in the possession of the state and those from whom the state derives title, either as sole owner or as joint tenant or as tenant in common. The court of claims or the judge thereof or the justice of the supreme court to which or to whom any such application is made may direct the depositions to be taken before the court of claims or before one or more judges thereof or before an official referee acting pursuant to either chapter two hundred and twenty-nine of the laws of nineteen hundred and eleven or section one hundred and fifteen of the judiciary law.
Added by L. 1918, ch. 180, in effect Apr. 10, 1918.
§ 266. [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, à 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. 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. Am'd by L. 1906, ch. 692; L. 1909, ch. 586; L. 1911, ch. 856; L. 1915, ch. 1, in effect Jan. 28, 1915.
§ 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 expenses of procuring such seal shall be paid out of the contingent fund of the court.
§ 268. [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 ease 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 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.
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 designation. Am'd by L. 1906, ch. 692; L. 1911, ch. 856; L. 1915, chs. 1, 100. In effect Mar. 19, 1915.
§ 268-a. [Added, 1917.] Disposition of adverse and conflicting claims.
If there are adverse and conflicting claims to the lands, structures, waters, franchises or any other property whatsoever lawfully appropriated by the state or an apparent lien or incumbrance on the property so appropriated or on any interest therein, or to the award therefor, unless the holders of such adverse or conflicting claims or the owner of such lien or incumbrance shall consent that their respective interests may be determined by the court of claims, or if the owners of any property so appropriated or of any interests therein are indeterminable or unknown, the court shall direct the comptroller to deposit the amount awarded in any bank, in which moneys belonging to the fund from which such Compensation is payable may be deposited, to the account of such award, to be paid and distributed to the persons entitled to the same as ordered by the supreme court on application of any person.
Added by L. 1917, ch. 730, In effect June 5, 1917.
269. [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 tran script 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 four hundred and seventy-five 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. Am'd by L. 1901, ch. 440: L. 1909, ch. 65, § 3. See note 37 of notes of Board of Statutory Consolidation at end of code.
§ 270. [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 here after 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 subpoenaing 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 claims 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.
L. 1905, ch. 370. In effect May 4, 1905.
$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.
§ 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
§ 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.
$274. [Am'd, 1909.] Costs not to be taxed.
Costs, witnesses' fees and disbursements shall not be taxed, nor shall counsel or attorneys' 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 two hundred dollars, 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. Am'd by L. 1909, ch. 65, § 3. New matter is L. 1884, ch. 336, § 3. See note 37a of notes of Board of Statutory Consolidation at end of code.
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.
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.
$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 serv ice 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.
§ 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 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.
§ 279. [Am'd, 1906, 1910, 1911, 1915.] Salaries and expenses of judges.
Each judge of the court of claims shall receive an annual com pensation 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. Am'd by L. 1906, ch. 692; L. 1910, ch. 684; L. 1911, ch. 856; L. 1915, ch. 1. In effect Jan. 28, 1915.
§ 280. [Am'd, 1907, 1911,
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 six hundred dollars.
2. The court stenographers, who shall also be deputy clerks. three thousand dollars and five cents a folio for copies of minutes and testimony furnished at the request of the claimant.
3. The stenographer to the judges, who shall also act as relief court stenographer, three thousand dollars.
4. The clerk and court stenographers and the stenographer to the judges, and relief court stenographer and court stenographers 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. Am'd by L. 1907, ch. 580; L. 1911, ch. 856; L. 1915, chaps. 1, 100; L. 1917, ch. 459, in effect July 1, 1917.
§ 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 lia bility; to consolidate claims or actions, to order interpleader, in the same manner and to like extent and with like effect in mat ters over which said court of claims have or shall have juris diction, as is conferred upon other courts by sections four hun dred 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 he 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