State Boards and Commissions Law An Act to amend chapter fifty-six of the laws of nineteen hundred nine, entitled "An act in relation to State Boards and Commissions, constituting chapter fifty-four of the Consolidated Laws," in relation to the Board of Claims. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The State Boards and Commissions Law is hereby amended by adding thereto a new article to be known as article six. ARTICLE 6 The Board of Claims Section 60. [263.] Board of claims. 61. [264.] Jurisdiction. 62. [265. Rules and procedure. 63. [266.] Officers. 64. [267. Seal of court. 65. [268.] Sessions and duty of sheriff in relation thereto. 67. [270. Duty of attorney-general and superintendent of 68. [271.] Record of proceedings and report. 69. [272.] Expense of procuring testimony on commission. 71. [274.] Costs not to be taxed. 72. [275.] Appeals. 73. [276. Time and manner of taking appeal. 74. [277.] Case on appeal. 75. [278.] Preference on appeals. 76. [279.] Salary of commissioner of claims. 77. [280. Salaries of officers of board of claims. § 60. The board of claims is continued and shall hereafter be so known and shall consist of three commissioners who shall be арpointed by the governor, by and with the advice and consent of the senate. There shall be appointed three commissioners, one to succeed each of the judges of the court of claims now serving, as shall be designated by the governor, and one of such commissioners shall be appointed for a term to end December 1, 1912; one for a term to end December 1, 1914, and one for a term to end December 1, 1916, and on the expiration of such terms, successors shall be appointed for terms of six years. A commissioner shall serve until his successor takes office. An appointment for a term shortened by reason § 60 Board of claims § 61 Jurisdiction of a predecessor holding over, shall be for the residue of the term only. Whenever a commissioner shall die, resign, be removed or become disqualified, a successor shall be appointed for the remainder only of the term. The judges of the court of claims now serving shall be and be known as commissioners of claims and shall constitute said board until their successors shall take office, but for sixty days thereafter shall determine questions, claims and matters which shall have been finally submitted to and heard by said court or board before their successors shall take office, but their offices shall be deemed vacant for the purpose of devolving all other powers and jurisdiction upon their successors. Appointees shall be so selected that the board shall be composed of commissioners, one at least of whom shall have been an attorney and counselor-at-law of at least ten years' experience in practice. No commissioner shall hold his office after reaching the age of sixty-five years, and a commissioner shall not hold any other office or public trust nor serve as a member of any political committee. Two commissioners shall constitute a quorum for the transaction of business. One of the commissioners selected from the members of the bar, when designated by the governor in writing filed in the office of the secretary of state, shall be chairman of the board to serve until a new designation shall be made. Said judges now serving and constituted as commissioners as aforesaid, shall for their services rendered during said sixty days receive compensation at the rate of five hundred dollars per month. Except as herein otherwise provided, the commissioners appointed under this section shall have jurisdiction to hear and determine all matters pending in the board of claims at the time they shall take office, and all matters pending in the court of claims at the time when this section, as amended, takes effect, shall be heard and determined by the board of claims. Whenever in this act or in any other statute reference is made to the court of claims or any officer thereof, the same shall be deemed to refer to and mean the board of claims or an officer thereof, but the board of claims shall not be or be deemed a court of record. All provisions of this article applicable to the court of claims, its jurisdiction and procedure, shall hereafter apply to said board, prescribe its jurisdiction and govern its procedure, except that the determination of the board upon a claim shall be and be known as a determination instead of a judgment, but it shall have the same force and effect and be subjected to the same procedure as provided in this article for a judgment. [Note 2683.] § 61. The board of claims possesses all of the powers and jurisdiction of the former court 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 con THE BOARD OF CLAIMS sents, 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 board 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. 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 board 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 attorney-general 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 board 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 board shall have jurisdiction, and may hear and determine all claims accrued and actually filed at any time prior to the time that this section, as amended, takes effect, 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.. [Note 2684.] 443 §§ 62-63 § 62. The [court] board may establish rules for its government, Rules and and the regulation of practice therein; prescribe the forms and procedure 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. [Note 2685.] § 63. The board of claims shall appoint and may at pleasure Officers remove a clerk, a deputy clerk, an a stenographer and they shall perform such duties as the board 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 commissioners, which approval shall be indorsed on said bond. [Note 2686.] § 64. The [court] board 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.] board. [Note 2687.] $65. The board shall hold at least eight sessions each year, and unless otherwise ordered by the board shall be held as follows: On the fourth Monday of January at the capitol in 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 capitol at 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 capitol in Albany; on the fourth Monday of November at the capitol at 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 board to view the premises affected by the appropriation. The sheriff of any county, except Albany, shall furnish for the use of the board suitable rooms in the court house of his county for any session ordered to be held thereat, and the sheriff of any county shall if required attend said session. His fees for attendance shall be paid out of the contingent fund of the board, at the same rate as for attending a term of the supreme court in that county. [Note 2688.] § 66. The [determination] decision of the [court] board upon a claim shall be by a [judgment] determination 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,] determination, 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] determination shall contain a description of such land. A transcript of a [judgment] determination in favor of the state, certified by the clerk of the [court,] board, 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] determination THE BOARD OF CLAIMS 445 against the claimant on any claim prosecuted as provided in this §§ 67-69 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] determination of the [court] board 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] determination shall be paid until there shall be filed with the comptroller a copy thereof duly certified by the clerk of the court board of claims together with a certificate of the attorney-general that no appeal from such [judgment] determination 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] determination 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] determinations 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. [Note 2389.] § 67. 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] board 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.] board. 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. [Note 2390.] $68. The [court] board 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] determination rendered in each case. [Note 2691.] § 69. 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 Duty of attorneygeneral and superintendent of public works Record of proceedings and report Expense of procuring testimony on commission |