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than ten per cent of any previous assessment shall be in the treasury of the corporation and not required for losses actually suffered. No assessment shall be invalid because made in whole or in part for the purpose of paying any money borrowed by the directors or executive committee, which has been used in the payment of any claim for loss or damage against the corporation.
$ 2. This act shall take effect immediately.
canal at Fitzhugh street in the city of Rochester.
Passed by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The superintendent of public works is hereby author- Construcized to provide for the construction of a suitable bridge with a road. canal way thirty six feet in width and sidewalks each ten feet in width over the Erie canal in the city of Rochester where Fitzhugh street crosses said canal and for the necessary approaches thereto and the necessary machinery to operate such bridge as he shall deem to the best interest of the state upon plans and specifications to be prepared by the state engineer and surveyor the cost of said bridge not to exceed the sum of twenty thousand dollars and said bridge to Operation be operated under the direction of the superintendent of public works.
§ 2. The sum of twenty thousand dollars, or so much thereof as Appromay be necessary, is hereby appropriated for the purposes of this act, payable by the treasurer on the warrant of the comptroller to the order of the superintendent of public works for the purposes of this act.
§ 3. This act shall take effect immediately.
of certificates le galized
a majority being present.
Assembly, do enact as follows: Recording Section 1. That the recording of any certificate of a religious
corporation organized under provisions of “An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, and of the acts amending the same, in the office of a clerk of a county prior to the passage of this act, instead of in the office of the register of such county, shall be regarded and construed and such recording is hereby declared to be of the same validity, force and effect as would have been the recording of such certificate in the proper office. And every act, deed, matter and thing done or performed by every such religious society or corporation since the recording of its certificate in the office of said county clerk is hereby ratified, confirmed and declared to be as valid in all respects as if the said certificate had been properly and appropriately recorded in the office of the register of the county in which said religious society or corporation was organized; but this act shall not affect any suit or proceeding already commenced arising out of such original mistake.
§ 2. This act shall take effect immediately.
Acts of societies con firmed.
" Chap 36. AN ACT to revise, amend and consolidate the several acts relating
to the board of claims, to establish a court of claims, to amend the code of civil procedure, and to repeal certain acts and parts
of acts. Became a law March 9, 1897, with the approval of the Governor. Passed,
three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter three of the code of civil procedure is hereby amended by adding a title and article to be known as title three, article one, entitled “ the court of claims," and to consist of sections numbered from two hundred and sixty-three to two hundred and eighty, inclusive, as follows:
§ 263. Court of claims.— The board of claims is continued, and sliall 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, his successor shall be appointed for a full term of six years from the expiration of the preceding term, and all terms shall expire on the thirty-first day of December. Vacancies shall be filled in like manner for the remainder of the unexpired term. 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.
$ 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 private 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 determine 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.
$ 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.
§ 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.
$ 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, iu ihat county.
$ 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 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.
$ 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 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. 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.
§ 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, sball 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.
$ 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. Cost 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.
$ 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.
$ 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 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.
$ 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.
Vol. I. 3