RELATING TO Agaim t x lie SX%^M:M^7^. York, Piv\C:neP PROCEDURE, &c., vi^;:-.:.,^ HOJi ^j;-CvTW[OAIC; Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN nEnoRY OF JUDGE DOUGLASS BOARDMAN FinST DEAN OF THE SCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library KFN6086.A3 1884 Manual of laws relating to private claim 3 1924 022 885 812 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022885812 MANUAL OF LAWS RELATING TO Private Claims Against the State of Ne^v York, WITH THE Practice and Procedure Relating to such Claims; and before the Board of Claims; THE RULES OF SAID BOARD. COMPILED BY Kdwin m:. holbrook, Counselor^al-Xaw. ALBANY: THE ARGUS COMPANY, PRINTERS. 1884. Entered according to act of CongreBS, in the year one thonsand eight hnndred and eighty-foar, Bt EDWIN M. HOLBROOK, in the ofSLce of the Librarian of Congress, at Washington. CONTENTS Page. 1. Preface 5 2. Constitutional Provisions Relative to Private Claims. 9 3. Laws Relating to Canal Appraisers 10-34 4. Laws Relating to State Board oe Audit 34, 35 5. Laws Relating to Board op Claims 35-49 6. Practice and Procedure Relating to Private Claims.. 49-62 7. Rules of the Board op Claims 62-67 8. Index 67-72 Board of Claims, 1884. COMMISSIONERS: LYMAN H. NOKTHUP, Pbbsiding, GEOKGE M. BEEBE, HENRY F. ALLEN, - Sandy Hill, montioello. Buffalo. Edwin M. Holbrook, Clerk, - - Ogdensburg. William E. Young, Deputy Clerk, Sandy Hill. Feeebokn G. Jewb'it, Stenographer, Albany. Session Room of Board, in Albany, in the Oapitol. Office of Clekk of Board of Claims: Capitol, City of Albany. Edwin M. Holbkook, Clerk of Board of Claitns. William E. Young, Deputy Clerk. Freeborn G, Jeweti', Stenographer. , Messenger. Clorlt's Oflice open daily, except Sunclaye and ILiegal Holidays, from 9 A.. M!. to 5 F. M:. PREFACE. This compilation is made, by reason of numerous inquiries, on the part of claimants having private claims against the State of New York, and from attorneys, as to what are the existing laws of the State in relation to snch claims against the State, by whom they are to be heard and determined, the procedure in the presentation thereof, and the rules and practice of the Board of Claims. To present in as concise a form as possible, the information sought, is the object of this compilation. Private claims against the State may be divided into two classes, viz.: First. All private claims arising ont of the construction and maintenance of the canals of the State. Second. All other private claims. Claims in the first class, have been heard and determined mostly by a board created by the Legislature, known as the Board of Canal Appraisers, until June 1, 1883. Claims in the second class were heard before, and determined by, the Legisla- ture, until the addition to the Constitution of the State, of sec- tion 19 to article 3, by vote of the people, November 3, 1874. In 1876 a State Board of Audit was constituted and established by the Legislature, and claims of the second class were heard and determined by it, until June 1, 1883. The Legislature of 1883, constituted and established a Board of Claims, and abol- ished the office of Canal Appraiser and the State Board of Audit, on and after May 31, 1883. All claims pending and undetermined on said May 31, 1883, before the Canal Apprais- ers and State Board of Audit, were transferred to the Board of Claims. The Board of Claims was given by the Legislature, in 1888 and 1884, jurisdiction to hear, audit and determine all 6 Preface. private claims against the State which shall have accrued within two years prior to the time when such claims are filed, except claims barred by any existing statute. It has jurisdiction of such claims as were formerly cognizable by the Statg Board of Audit, provided ihey shall be filed on or before July 1, 1884, and shall not have accrued more than six years prior to such filing. It has all the jurisdiction and power to hear and determine claims against the State, formerly possessed by the Canal Appraisers and the State Board of Audit. It has jurisdiction of all claims on the part of the State against any person making a claim against the State before, said Board. It has exclusive jurisdiction of all private claims against the State, arising in any manner, from any and all acts and proceedings, under the Laws of 1878, 1879 and 1884, entitled "An act in relation to infectious and contagious diseases of cattle." • It has jurisdiction to determine the claims of the State for balances dne on the books of the Comptroller, from Clinton, Kings, Putnam, Richmond and Schuyler counties. It has jurisdiction of all claims for private lands, streams or waters appropriated by the State after May 22, 1884, in which claims shall be filed within two years after service of notice of such appropriation upon the claim- ants. It has jurisdiction to hear and determine all appeals to the Canal Board from the Canal Appraisers, pending and unde- termined on May 21, 1884, and to affirm, reverse or modify the awards appealed from, or to grant new trials therein ; and in the case of a new trial, to hear, try and determine the same. Upon said appeals it has the power which the Canal Board had relative to such appeals. It has jurisdiction to hear such other special claims as the Legislature may confer upon it. An appeal lies from the final order or award of the Board of Claims, direct to the Court of Appeals, when the amount in controversy exceeds five hundred dollars. Prior to the adoption of section 14 of article 7 of the Consti- tution of the State, the Legislature had power to hear claims. Preface. 7 or to send the same to the Canal Appraisers or other board for hearing, and to extend the time in which claims might be filed with the Canal Appraisers or other board, without any limitation as to the time when the claim accrued. Since the aforesaid section became a part of the Constitutipn, neither the Legisla- ture, nor any State Board, or any person or persons acting in behalf of the State, can audit, allow or pay any claim which, as between citizens of the State, would be barred by lapse of time, subject to the provisions contained in said section. While the Legislature has the power to extend the jurisdiction of the Board of Claims, and to allow, claimants more than two years from the time in which their respective claims shall have accrued to tile their claims, the provision of the Constitution above mentioned is an inhibition, preventing claims to be heard which shall have accrued more than six years. The constitutional provisions, laws, etc., relative to private claims against the State, are compiled in the following order : First. Constitutional provisions relating to private claims. Second. Laws relative to the jurisdiction and powers of the the Board of Canal Appraisers. Third. Laws relative to the jurisdiction and powers of the State Board of Audit. Fourth. Laws relative to the jurisdiction and powers of the Board of Claims. Fifth. The practice on filing and hearing private claims, and the practice and procedure of the Board of Claims. Sixth. The Rules of the Board of Claims. The compiler has thought it best, to give so much of the text of each of the legislative enactments, in reference to the Board of Canal Appraisers, as is not now inoperative, without attempt- ing to state how far any act is a repeal of a prior one. The question of the statute of limitations, as to claims filed with the Canal Appraisers under these diflferent enactments, has fre- quently arisen before the Canal Appraisers, the Canal Board, 8 Preface. and in the oflBce of the Attorney General, and the decisions and opinions have been conflicting. The question will undoubtedly, be soon heard and decided by the Court of Appeals. The text of the different acts are given, leaving to counsel to contend, and the Board to decide, as to what are now in force. THE COMPILER. Albany, N. Y., Septemher 30, 1884. MANUAL OF LAWS RELATINS TO Private Claims Against the State OF New York, Etc. constitutional provisions. Article 3, Section 19. The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law. Section 24. The Legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public olficer, servant, agent or contractor. Aetiole 7, Section 14. Neither the Legislature, Canal Board, Canal Appraisers, nor any person or persons acting in behalf of the State, shall audit, allow or pay any claim which, as between citizens of the State, would be barred by lapse of time. The limitation of existing claims shall begin to run from the adoption of this section ; but this provision shall not be construed to revive claims already barred by existing statutes, nor to repeal any statute fixing the time within which claims shall be presented or allowed ; nor shall it extend to any claim duly presented within the time allowed by law, and prosecuted with due diligence from tiie time of such presentment. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed. The foregoing provisions of the Constitution went into force from and including January 1, 1875. 10 Manual of Laws STATUTES AND LAWS RELATIVE TO CANAL APPRAISEES. By section 3 of chapter 262 of the Laws of 1817, respect- ing navigable communications between the great western and northern lakes and the Atlantic ocean, it was enacted, that it should be lawful for the Canal Commissioners, and each of them, by themselves, and by any and every superin- tendent, agent and engineer employed by them, to enter upon and take possession of, and use all and singular any lands, waters and streams necessary for the prosecution of the improvements intended by the act, and to make all such canals, feeders, dykes, locks, dams and other works and devices as they should think proper for making such improvements, doing no unnecessary damage ; and that in case any lands, waters or steams taken and appropriated for any of the purposes aforesaid should not be given or granted to the people of this State, it should be the duty of the Canal Commissioners, from time to time, and as often as they thought reasonable and proper, to cause application to be made to the justices of the Supreme Court, or«,ny two of them, for the appointment of appraisers ; and the said jus- tices should thereupon, by writing, appoint not less than three nor more than five discreet, disinterested persons as appraisers, who should, before entering upon their duties, severally take and subscribe an oath or affirmation to faithfully and impartially perform the trust and duties required of them, and file such oath with the secretary of the Canal Commissioners; that jt should be the duty of the said appraisers, or a majority of them, to make a just and equit- able estimate and appraisal of the loss and damage, if any, over and above the benefit and advantage of the respective owners and proprietors, or parties interested in the premises so required by, and in consequence of, making and construct- ing any of the works in said act ; and the said appraisers, or a majority of them, should make regular entries of their determination and appraisal with an apt and sufficient description of the several premises appropriated, in. a book or books to be provided and kept by the Canal Commis- sioners, and certify and sign their names to such entries and appraisal, and in like manner certify their determination Relating to Private* Claims. IJ as to those several premises which will suifer no damages, or will he benefited more than injured by or in consequence of the said works ; and the Canal Commissioners should pay the damages so to be assessed and appraised, and the fee simple of the premises so appropriated should be vested in the people of the State. The above appears to be the initial act for appraisement of damages commonly called " Canal Damages." By section 3 of chapter 202 of the Laws of 1820, for the maintenance and preservation of the Erie and Champlain canals, and the work connected therewith, it was enacted, that for the speedy reparation of injuries by unforeseen accidents to the canals or its works, the Canal Commission- ers, or either of them, or their engineers, or any person employed by either of them, with carts, etc., and all neces- sary tools, etc., might enter upon any land contiguous to the said canals, or the works connected therewith, to dig for, work, get and carry away and use, all stone, gravel, clay, timber and other materials as may be necessary and proper, in their opinion, for such reparation, doing as little damage as possible ; and in case damages shall be claimed by the owner or owners of any laud so entered upon for the pur- poses aforesaid, and the Commissioners, or either of them, or the principal engineer of that portion of the canal where such injury occurred, could not agree with the owner or owners as to the amount of damages, then, for the purpose of ascertaining that amount, it should be lawful for such Commissioner or such engineer to select one discreet free- holder of the county where such damages are claimed, and said owner or owners select another, and those two free- holders select a third, who should appraise said damages. I -y sections 1, 2, 4 and 5 of chapter 275 of the Laws of 1825, concerning the Erie and Champlain canals, it was enacted, that the Governor should nominate, and by and with the consent of the Senate, appoint two reputable freeholders, who, being associated with any one of the acting Canal Commissioners, should be appraisers, whose duty it should be to assess and appraise all unsettled claims for damages which any person had sustained, or may sustain, by means of either the Erie or Champlain canals, or any work connected therewith, in the same manner, with 12 TSanual of Laws the same authority, and upon the same principles as the Canal Commissioners were then by law authorized to assess such damages, and so much of any law relating to either the Erie or Champlain canals as was inconsistent with said pro- visions was repealed ; that said appraisers should in every year report a list of the names of all claimants before them to the Legislature, distinguishing therein the names of those to whom no damages should be assessed ; but no claim for damages should be acted upon by the said appraisers unless the same should be presented to them before the first day of January, 1827 ; provided that any person appointed, before he entered upon his duties of his office, make oath that he would not act as an appraiser in any case wlierein he was then, or might thereafter be, directly or indirectly interested ; that an appeal might be made by any person to the Board of Canal Commissioners, in case of dissatisfaction with the decision of said appraisers, provided such appeal should be made in writing to the president of the Board of Canal Commission- ers within three months from the time such decision was made ; and for the purposes of hearing such appeal the said Board should, in each year, so long as any unsettled appeal should require it, meet at Albany on the first Monday of February in each year, and they should be governed by, and found their decision upon, such evidence and information as was had before said appraisers, and such other as was offered and improperly rejected, and no other ; and all decisions made by said Board should be final and conclusive upon the claim. That the appraisers to be appointed, together with the Canal Commissioners who should be associated with them, should, before they proceeded to assess and appraise damages, be severally sworn or affirmed before some person authorized to take affidavits to be read, in the Supreme Court, in the manner prescribed by the Constitution of the State. That said appraisers should receive three dollars per day for each day's actual attendance in discharge ot said duties, to be paid by the Treasurer, on the warrant of the Comptroller, from the Canal Fund. The foregoing appears to be the initial act for the creation of the office or Board of Canal Appraisers. The foregoing enactments are referred to, as part of the history relating to appraisements of Canal damages. Relating to Private Claims. 13 At the session of the Legislature held in September, 1827, it enacted certain chapters of the first part of the Hevised Statutes, among which was chapter 9, title 9, article 3, entitled " Of the Appeaiskment of Damages." To take eflect January 1, 1838. [See Bbvisbd Statutes (Ibt bd.), Volume 1, pacie 285, etc.] Section 45. There shall continue to be appointed two offi- Appraieers. cers, by the name of Canal Appraisers, who, being associated with any acting Canal Commissioner, shall be the appraisers of damages in the cases hereinafter specified. Tlie oath or affirmation of office, taken by the Canal Appraisers, shall be filed in the office of the Secretary of State. (Amended ; see post.) § 46. When any lands, waters or streams appropriated by Their duty, the Canal Commissioners to the use of the public shall not ^s. be given or granted to tlie State, it shall be the duty of the appraisers to make a just and equitable estimate and appraise- ment of the damages and benefits resulting to the persons interested in the premises so appropriated, from the con- struction of the work, for the purposes of making which such premises shall have been taken. § 47. It shall be their duty, for that purpose, to meet at J°"««'' such times and places as they may deem necessary, and as nearly in the vicinity of the premises as conveniently may be, and hear such proper and relevant evidence as shall be offered ; and they are, iov that purpose, empowered to administer oaths to witnesses. § 48. Every person interested in premises so appropriated, js^B^Jb'^'^' if he intend to make any claim for damages, shall, within 1^-^^ ,^gg one year after such premises shall have been taken for the esN.Tilals. use of the State, exhibit to the appraisers a statement of his for (ntur? claim in writing, signed by himself, his guardian or agent, when^tcf' and specifying the nature and extent of his interest in the premises appropriated, and the amount of damages ; and every person refusing or neglecting to exhibit such claim within the time prescribed, shall be deemed to have surren- dered to the State his interest in the premises so appro- priated. (Amended ; see post.) 14 Manual of Laws Former 8 49. No claim for damages for premises that shall have damageB. " or is^Barb.. been appropriated to the use of a canal at any time before iint'313 ^^^^ chapter shall be in force shall be received by the appraisers, unless it shall be exhibited within one year after this chapter shall become a law ; and the premises so appro- priated shall be deemed the property of the State ; and no claims, other than those so exhibited, shall be paid without the special direction of the Legislature. DecieioDB § 50. A regular entry of every determination and appraise- 15 Barb ment made by the appraisers, certified and sii-ned by the ^Hnn 17 ^Ppi'^iscrs making it, and containing an apt and suflBcient description of the premises so appropriated, the names of the persons interested and the sums estimated to each, for benefits and damages, shall be made in a book kept for that ^ purpose by the Canal Commissioners. copyevi- § 51. A transcript of such entry, signed in such manner i3N.T.,?44. and acknowledged or proved as a conveyance of lands, shall be recorded in the clerk's ofiice of each county in which the premises appropriated shall, in whole or in part, be situated. Rightofthe § 52. The fee simple of all premises so appropriated, in BultQ. H IB Barb., relation to which such estimate and appraisement shall have 109^"'"'' ''®®" Diade and recorded, shall be vested in the people of 31N.T.,151. tijg gt^tg_ Paymentfer § 53. If the damages so estimated and appraised shall 43N.T.,4i6. exceed the benefits, it shall be the duty of the Canal Com- 52 Barb., . . ' , ,. , /. , , 879. missioners to pay the amount or such excess of the dam- ages to the persons appearing, by the determination of the appraisers, to be thereto entitled; but no such payment shall be made where an appeal or writ of error shall be ■ prosecuted by the Canal Commissioners, until a final deci- sion on the appraisement shall have been had. Payofap- 8 54. Each appraiser, for each day's actual attendance in praisers. " . '^'^ ' . ■' the discharge of the duties of his office, shall receive the sum of three dollars, to be paid out of the treasury, and charged to the Canal Fund. Amieai. § 55. Every person having exhibited a claim for damages to the appraisers, and the Canal Commissioners, where they shall deem the interests of the State to require it, may enter an appeal from the decision of the appraisers to the Supreme Court, who shall proceed to reverse, affirm or modify the appraisement as in their opinion justice shall require | but 2 Hill, 347. Relating to Private Claims. ]5 in no case shall they allow a larger sum for damages than shall have been demanded by the party entitled thereto in his claim exhibited to the appraisers. (Abrogated by Laws 1829; see post.) § 56. Every such appeal shall be made in writing, stating Proceed- briefly the grounds on which the appeal is made. If made by the Canal Commissioners, one copy of the appeal shall be served on the Canal Appraisers and another on the party claiming damages, his guardian or agent, either personally or by leaving the same at his usual place of abode. If made by the party claiming damages, one copy of the appeal shall be served on the appraisers, or one of them, and another on the Canal Commissioners. In all cases the appeal must be made. and the proper copies served within three months from the time that the decision appealed from shall have been made and entered. (Abrogated by Laws 1829; see post.) § 51. The appraisers shall make a return, in writing, to ib. every appeal so served on them, and shall insert and state therein a copy of the claim for damages exhibited to them, tlie evidence produced or offered before them, and the grounds and reasons of their determination. (Abrogated by Laws 1829 ; see post.) § 58. When damages shall be claimed by the owner of °^5*?"? any land which the Canal Commissioners shall have occu- Jf^ y'^^j pied for temporary purposes, or on which they shall have entered for the purpose of obtaining materials tor repairs, the acting commissioner on the line of the canal nearest to where the land shall be situated, or any engineer or superin- tendent of repairs authorized by him, may fix by agreement the amount of damages which such owner ought to receive. § 59. It an agreement cannot be made, the owner shall Eeferences. select one discreet freeholder of the county in which the land is situated, having no interest, direct or indirect, in the damages claimed, and the Canal Commissioner, engineer or superintendent another ; and the two thus chosen shall select a third to act with them in appraising the damages so claimed. (Apparently . abrogated by Laws 1836; see post.) § 60. If the owner shall refuse or neglect to appoint an Proceed- appraiser, such Canal Commissioner, engineer or superin- s'Si,599. tendent shall serve upon him a notice,^tating the name of the 16 Manual of Laws appaisers appointed by himself, and requiring such owner to make a similar appointment within two days thereafter ; and if within that time no such appointment shall be made and signified, such commissioner, engineer or superintendent shall apply to a judge of the county court of the county where the lands are situated to appoint an appraiser in behalf of such owner. (See note to sec. 59.) lb. § 61. The judge to whom such application shall be made, upon due proof of the service of such notice, shall, in writing, appoint an appraiser in behalf of the owner, who shall have the same powers as if appointed by the owner himself. (See note to sec. 59.) lb. § 62. The two last preceding sections shall be construed as also prescribing the course to be pursued by the owner of the lands where the refusal or neglect to appoint an appraiser shall proceed from such Canal Commissioner, engineer or superintendent. (See note to sec 59.) lb. § 63. The appraisers shall, before they enter on the duties of their trust, take the oath prescribed by the Constitution of this State before any person authorized to administer oatlis ; they shall then proceed to inquire into and assess the damages so claimed, and their determination, or that of any two of them, as to the amount of damages that ought to be paid, shall be conclusive. (See note to sec. 59.) lb. § 64. The appraisers making such determination shall make a certificate thereof, under their hands and seals, and the amount of damages thus certified (the costs, when not payable by the Canal Commissioners, being deducted) shall be paid by the Canal Commissioners to the person appearing by such certificate to be entitled thereto within ten days after such certificate shall have been received by the Canal Commissioners, or as soon thereafter as they shall be in funds. (See note to sec. 59.) Claim, how § 65. Proof of such payment, or of the ofter thereof, in case the party entitled thereto shall decline to receive the same, shall forever discharge the Canal Commissioners and all persons employed by them, from all claims for entering upon and occupying such lands, and for taking and using the materials procured therefrom. (See note, sec. 59.) Costs, how § QQ, If the amount of damages so certified shall, in any QSLSBj not ejfceed the spm ofiered for such damages by said Relating to Private Claims. 17 acting Canal Commissioner, engineer or superintendent, before the appointment of the appraisers, then the costs of all the proceedings, after such offer, shall be deducted by the Canal Commissioners from the amount of damages certified, but if such amount shall exceed said previous offer, then all such costs shall be paid by the commissioners in addition to the damages certified. (See note, sec. 59.) § 67. Each of said appraisers shall be entitled for his Fees of appraisers. services to the sum of one dollar and fifty cents per day. The Revised Statutes, so as above quoted, seem to make provision : First. For the continuing of a board consisting of three persons, two of whom are named " Canal Appraisers," and they, associated with acting Canal Commissioner, to appraise damages when any land, waters and streams appro- priated by the Canal Commmissioners to the use of the pub- lic, shall not be given or granted to the State, where the owner or owners shall, within one year after such premises shall have been taken for the use of the State, exhibit a claim in writing, etc. ; but no claim for damages to premises that shall have been so appropriated at any time before January 1, 1828 (when said Revised Statutes should be in force), shall be received by said appraisers, unless it shall be exhibited within one year after said January 1, 1828; and the premises so appropriated should be deemed the property of the State, and no claim, other than those exhibited in accordance with said provisions, should be paid without special direction of the Legislature. Second. Providing for the appraisal of dainages claimed by the owner of any land which the Canal Commissioners shall have occupied for temporary purposes, or on which hey should have entered for the purpose of obtaining mate- rials for repairs ; the tribunal of appraisal to be a special one to consist of three freeholders, one selected by claimant, one by the Canal Commissioners and the two thus chosen, to select a third. The jurisdiction of the Canal Appraisers on January 1, 1828, was only to appraise claims for a permanent appropria- tion of lands, waters and streams to the public use, and then 18 Manual of Laws only when the claims shall have been exhibited to them within the period of time therein mentioned. The Legislature, by cliapter 48 of the Laws of 1829, entitled "An act providing for the T>ayment of damages to real estate in consequence of breaches in the canals of this State, and for other purposes," enacted, that the damages which any person may have sustained at any time within two years prior to the passage of the said act, by reason of the breaking away of the embankment or any part of the canals belonging to this State, or of any of the works con- nected therewith, and which may have been occasioned either by the act or neglect of any commissioner, superintendent or other agent of the State,' should be estimated, appraised and paid to the owner of the lands to which such damages had been done ; that the amount of said damages might be fixed by agreement between any of tlie acting Canal Commission- ers and the claimant ; but in case such agreement could not be made, an estimate and appraisal thereof should be made by the same appraisers who were then authorized by law to estimate and appraise damages where lands, waters or streams had been appropriated by the Canal Commissioners to the use of tlie public, and for that purpose the said appraisers were vested with the powers contained in title 9, chapter 9, of first part of Revised Statutes. No appraisement was to be made unless the claimant should, within one year from and after the passage of said act, give a written notice to one of the Canal Commissioners of his claim to such damages. That act extended the jurisdiction given to the Canal Appraisers by the Revised Statutes, title 9, chapter 9, part first, to claims for damages in consequence ot breaches in the canals, which were sustained within two years prior to the act, and filed within one year after tlie passage of the act. So much of the above act as was inconsistent with the provisions of chapter 287 of the Laws of 1836, was repealed by section 13 of said chapter 287. Relating to Pbivatb Claims. 19 Laws of 1829, Chapter 368, Page 561. An Act in relation to the appraisal of damages on the canals, and for other purposes. Passed May 4, 1829. The People of the State of New Ynrle, represented in Senate and Assembly, do enact as follows : Section 1. It shall be the duty of the Canal Appraisers Powers and . , ■' ^^ duties of personally to view the premises on wiiich damages shall be appraisers, claimed, and to meet at snch times and places as they may deem necessary, and as nearly in the vicinity of the premises as conveniently may be, and hear such proper and relevant evidence as shall be offered, and direct the attendance of witnesses in behalf of the State, if in their opinion the interest of tlie State shall require it; and they are for that purpose empowered to administer oaths to witnesses ; and willful false swearing before the said appraisers is hereby declared perjury. 8 2. It shall be their dnty to enter in a book, to be kept claim? to V . "^ ' "^ be entered for that purpose, the nature and extent of all claims on inabook. which they shall pass, the items on which allowances are made and the several amounts allowed, and the item on which no allowance is made; and they shall enter at length the testimony taken and the grounds and reason for their decision. § 3. Every person having exhibited k claim for damages Appeal to to the appraisei-s, or to the Canal Commissioners, where they Board, shall deem the interest of the State to require it, may enter an appeal from the decision of the appraisers on such claim, to the Canal Board, who shall proceed to reverse, affirm or modify the appraisement, as in their opinion justice shall require; and their decision shall in. all cases be final and conclusive. § 4. Every such appeal shall be made in writing, stating Tobein briefly the grounds on which the appeal is made; if made ''"'°^' by the Canal Commissioners, one copy of the appeal shall be served on the Canal Appraisers, and another on the party claiming damages, his guardian or agent, either personally or by leaving the same at his usual place of abode ; if made by the party claiming damages, one copy of said appeal shall 20 Manual of La ws flled. Beturn to appeal. Dnty of Canal Board. 7 Lans., 220. be served on the appraisers, or one of them, and another on the Canal Commissioners. DeS'sTon^' § ^- ^* ^^^^^ ^® ''^^ ^'^*'.y ^^ ^^^ Caiial Appraisers, within where to be thirty dajs after any claim is decided upon, to make a trans- cript of the entry of such decision, and file the same in the clerk's oflBce of the county in which the premises passed upon are situate ; and in all cases the appeal must be made and the proper copies served within three months from the time such transcript is filed in the clerk's office as aforesaid. § 6. The appraisers shall make a return in writing to every appeal so served on them, setting forth a copy of the claim for damages ; a transcript of the evidence, if any ; the items on which allowances were made, and the several amounts, the items, if any, on which no allowances were made, and the reasons and grounds on which their decision is made. § 7. It shall be the duty of the Canal Board to meet, from time to time, and decide on all cases of appeals made from the decisions of the appraisers ; and if, in their opinion, the interest of the State requires it, they shall direct the attend- ance of the appraisers, or either of them, to give evidence in relation to the subject-matter of the appeal ; they shall decide all cases of appeal on the evidence or information con- tained in the transcript furnished by the appraisere, and the evidence of the appraisers, if any is obtained. § 8. In all cases in which the Canal Appraisers are required to act by any law of this State, one of the acting Canal Commissioners shall be associated with them in their appraisal and final determination thereon. § 9. Any member of the Canal Board is hereby authorized to administer oaths to witnesses on all matters which may. be examined before said board; and willful false swearing before said board is hereby declared to be perjury. oanai 8 10. The Canal Board may require the attendance of Board may " -i x require wit- witnesses before them on the part of the State, if, in their neases to i j 3 attend. opinion, the interests of the State require it ; and for that purpose they may issue subpoenas, to be signed by their president for' the time being, which shall be served by any sheriff or constable by said board thereunto required ; and every person duly subpoenaed to attend before said board who shall willfully neglect to obey such subpoena, shall forfeit Commis- Bioner to act with appraieere. Swearing witneBBes. Relating to Private Claims. 21 fifty dollars, to be recovered, with costs of suit, before any court having cognizance thereof. § 11. The Canal Board may allow and direct the Canal subpoenas. Commissioners or Commissioners of the Canal Fund to pay to any officer such board may require to serve sub- poenas, or to witnesses attending pursuant to such subpoenas, such sum as they may deem just and reasonable for such service or attendance. § 12. So much of title 9 of chapter 6 of part first of the Repeal. Revised Statutes as is inconsistent with this act is hereby repealed. (An evident error for title 9 of chapter 9.) As the foregoing act contains nothing relative to jurisdic- tion of appraisers, it is clear no modification or repeal is made therein of the jurisdiction conferred by the Revised Statutes. Laws of 1830, Chapter 293, Page 356. An Act in relation to the appraisement of damages on the canals. Passed April 20, 1830. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. Wlien any lands are overfiowed by the erec- Lands over tion of any dam by the Canal Commissioners on any river or stream connected with the public works, it shall be the duty of the Canal Appraisers to make a just and equitable appraisement of the damages sustained by the owners of such lands. S 2. The existing laws in relation to the appraisement and Lands nsed ° ° . '""^ pnblic payment of damages, where lands are appropriated by the porposes. Canal Commissioners to the use of the public, shall apply to the appraisement of damages sustained by the owners of the lands mentioned in the foregoing section. § 3. No claim for damages for lands that shall have been claims for overflowed by the erection of any dam by the Canal Com- prior tothis missioners at any time before this act shall be in force, shall be received by the appraisers, unless it shall be exhibited within one year after this act shall become a law. The foregoing act extends the jurisdiction conferred upon the Canal Appraisers by the Revised Statutes, to the appraisal of damages for lands that have been, or shall be. 22 Manual of Laws overflowed by the erection of any dam by the Canal Com- missioners on any river or stream connected with the public works — the then existing laws in relation to the appraiafal of lands appropriated, to apply to appraisals for damages for overflow ; claims for damages for lands overflowed before April 20, 1830, to be exhibited within one year after April 20, 1830. Laws of 1836, Chaptee 287, Page 406. An Act in relation to the appraisal of damages on the canals, and for other purposes. Passed May 16, 1836. The People of the State of New York, represented in Senate and Asserribly, do enact as follows : Three Ap- SECTION 1. There shall be nominated by the Governor to"e°ap- and appointed by him, with the consent of the Senate, three '" ° ° ■ officers by the name of Canal Appraisers, who shall hold their offices for two years and until their successors shall be duly qualified. FecBofwit^ § 2. Every person appearing as a witness in pursuance of the command of any subpoena issued by a Canal Appraiser, shall be entitled to the same fees as are allowed to witnesses for attending courts of record in civil suits, to be paid by the claimants for damages, if subpoenaed on their part, or by the Canal Commissioners, if subpoenaed on the part of the State. Penalty. § 3. Every person neglecting to appear in pursuance of the command of any such subpoena, without good cause for such non-appearance, or when appearing, shall refuse to be sworn or to testify, shall forfeit the sum of fifty dollars, to be recovered with costs of suit before any court having cogni- zance thereof. If subpoenaed by the claimant for damages, to be sued for and recovered by such claimant, in his name and for his use, if subpoenaed to attend in behalf of the State, to be sued for and recovered in the name of the People of this State, for the benefit of the Canal Fnnd. Notice of § 4. It shall be the duty of the Canal Appraisers to notify meeting of • /~i i /••. • " • • i Appraisers, the acting Canal Commissioner in charge of the line of canal 64 N.T., 167. , . , , . , on which damages are to be appraised, to view the premises and take testimony in relation to said appraisals. Relating to Private Claims. 23 § 5. It shall be the dnty of one of the acting Canal Com- Hdaring of . . . , , claims tor missioners, in person or by an agent, to attend m behalf of damagee. the State before the Canal Appraisers, on the hearing of claims for damages, and if, in his opinion, the interests of the State require it, he may employ counsel and request the attendance and examination of witnesses on the part of the State. § 6. It shall be tlie duty of the Canal Appraisers to decide Decision to upon claims for damages, from the information obtained by " them in viewing the premises, and from the evidence, if any received by them from witnesses. § 7. It shall be their duty to deposit the books and pape^/etobe papers, in relation to the appraisal of damages, when not "«po»i'e'i- required to be used by them in the discharge of their duties as appraisers, in the Comptroller's office for safe keeping. § 8. No Canal Commissioners shall hereafter be associated m^g™'^^' with the Canal Appraisers in the appraisal of damages, nor shall any Canal Commissioner, who shall have attended in behalf of the State, before the appraisers on the hearing of a claim for damages, have any voice as a member of the Canal Board, in the final decision of said claim on appeal. § 9. It shall be the duty of each of the appraisers to Qnoram. attend the meetings to be held for the appraisal of damages ; but any two of them may perform any of the duties required of appraisers of damages, provided that the decision and determination on each claim shall be concurred in by at least two of the appraisers. § 10. When damages shall be claimed by the owner of any Lands, etc., lands, waters or streams where the Canal Commissioners for tempo- shall liave occupied for temporary purposes, in the construe- poses. no, , , 4Denio,356. tion or improvement of any otate canal, or other works n Barb. 387. connected therewith, or on which they shall have entered for the purpose of obtaining materials for the construction or improvement of such canal or other works connected therewith, such damages, if not settled by agreement, shall be appraised by the Canal Appraisers. § 11. The proceedings in relation to the appraising of Proceed- such damages shall be, in all respects, the same as the pro- iiBarb'sl?' ceedings in relation to the appraisal of damages for lands, streams or waters appropriated by the Canal Commissioners 24 Manual of Laws to the use of the public, except that no transcript of such appraisal shall be recorded in the clerk's office of any county. PayofAp- 8 12. Each appraiser, for each day's actual attendance in the discharge of the duties of his office, shall be entitled to receive tlie sum of four dollars, and for each mile actually traveled in the discharge of the duties of his office five cents, to be paid out of the treasury ; and where the services are rendered on the Erie or Champlain canals, shall be charged to the Canal Fund. Repeal. § 13. go much of title 1, chapter 5, and title 9, chapter 9 of the first part of the Revised Statutes, so much of the act providing for the payment of dapiages to real estate in con- sequence of breaches in the canals of this State, and for other purposes, passed March 5, 1829, and so much of the act in relation to the appraisal of damages on the canals, and for other purposes, passed May 4, 1829, as are inconsistent with this act, are hereby repealed. ^t to take I 14-. This act shall take effect immediately. By the foregoing act, the provisions of the Revised Stat- utes fixing the number of Canal Appraisers at two is changed to three, and so much of said provisions as provided that a Canal Commissioner should be associated with the Canal Appraisers in their appraisals is repealed. The Canal Appraisers were vested with jurisdiction to make appraisals for damages claimed by owners of any lands, waters or streams which the Canal Commissioners shall have occupied for temporary purposes in the construction or improvement of any State canal or other works connected therewith, or on which they shall have entered for the purpose of obtaining materials for the construction or improvement of such canal or other works connected therewith, instead of the special appraisals provided for in the Revised Statutes ; such appraisals to be made in all respects like those for damages for a permanent appropriation of lands, waters or streams. It would seem, therefore, that the foregoing act abrogates sections 59 to 66 of title 9, chapter 9 of part first of the Revised Statutes. Relating to Private Claims. 25 Laws of 1849, Chaptee 352, Page 513. An Act in relation to the canals and canal damages. Passed April 11, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. Whenever any tract or parcel of land shall be Land, when divided by the location or enlargement ot any of the canals veyedand of this State, and the Canal Board shall be of opinion that it is necessary for the public use to take and appropriate either portion of such land, the Canal Commissioners shall cause a survey and map of such portion of such land to be filed in the office of the clerk of the county where such land is situated, and thereupon the title to such portion of land shall vest in the State in the same manner as other land taken by the State for the construction of the canals. § 2. The owner of any land taken by the State, as pro- compensa- vided in the last section, shall be entitled to compensation made to ^ ^ ownerp. and damages for the land so taken, to be ascertained and appraised in the same manner as for lands taken and appro- priated for the construction of the canals. § 3. Whenever the Canal Board shall, by resolution, Landetaken determine that any lands taken for the purposes of the maybesoid. 1,1 ,-.•,, , ri 1 i-i ■ 13Hnn, 17. canal, may be sold beneficially to the btate, the Commis- sioners of the Land Office may sell, grant and convey the right, title and interest of the State in such lands, and the proceeds of such sale shall be credited to the fund appropri- ated for the construction of the canal for which such lands were taken . § 4. Whenever the Canal Board shall, upon the hearing provisions of any appeal from the award of the Canal Appraisers, revera^of reverse or modify such award, they shall state in the reso- Appraisers lution or order relating to said appeal, the ground of such reversal or modification and how much, if any, such award is increased or diminished ; and a copy ot such resolution or order sliall be immediately filed with the Canal Appraisers, and also a copy of every resolution of affirmance. S 5. The Canal Appraisers shall make an annual report canaiAp- ^ '^ ^ praisers to to the Legislature at the commencement ol the annual ses- reportan- sion thereof, which shall contain : ' legislature. 26 ^ Manual of Laws 1. The names and residences of the several claimants who have preferred claims. 2. The nature of the claim and the amount claimed. 3. What action has been had upon each and the reason thereof, and if an award had been made, the nature and amount thereof. 4. Whether an appeal has been taken in any case, and if the appeal has been decided, the nature of the decision. book8°re- § ^- ^^^ *^® books, records and papers relating to canal tS'^bl'trans- damages, or their appraisal, in the Comptroller's office and Canal Ap- i" the particular care and keeping of the Auditor of the praisers. Canal Department, except the books, papers and proceed- ings of the Canal Board and those relating thereto, shall be transferred to, and remain in, the apartment of the Canal Appraisers and in their charge and keeping. to^e"p- § '^" ^^^ Canal Appraisers, together with the Auditor of arrange'" ^^^ Canal Department, shall appoint some suitable person andrecords! to arrange and systemize such of the books, records and papers as are to be transferred by the last section, and as required to be so arranged and systemized ; the compensation of such person, to be certified by the Canal Appraisers, shall be paid by the Treasurer on the warrant of the Comptroller, provided it shall not exceed the sum of one hundred dollars. Warrants § 8 No warrant for the payment of any damages awarded for damages ,,,-,,, . ii/~iit>i awarded, by the Canal Appraisers, or by the Canal isoard on an appeal, shall be paid by the Treasurer until it shall be countersigned by the president of the Board of Canal Appraisers and entered upon the books in their oflSce. (This section was repealed by Laws 1855, chap. 535.) By the above enactment, jurisdiction was given to the Canal Appraisers to appraise damages for the appropriation of land by the State, where th« parcel so appropriated and taken was one of a tract divided by the location of a canal ; such appraisal to be made in the same manner as for lands taken and appropriated for the construction of the canals. By chapter 535 of the Laws of 1855, page 978, it is, among other things, enacted : eectionsof Seotion 1. Section eight of chapter three hundred and chapter 3B3 ,. ,' t ^ . i i i i of taws of fifty-two of the Laws of eighteen hundred and lorty-nine, Relating to Private Olaims. 27 requiring warrants for the payment of damages to be coun- tersigned by the president of the Board of Canal Appraisers and entered upon the books of their office, be and the same hereby is repealed. § 2. Section fifty-one of article three, title nine, chapter Amending . r , -r. . , r. . , , , , Section 51 of nine, part one oi the K ivised Statutes is hereby amended titie9,chap- so as to read as follows : A transcript of every such entry, k. s. signed by the appraisers, shall be recorded in the clerk's ofiice of each county in which the premises appropriated shall, in whole or in part, be situated. § 4. Section fifth of chapter two hundred and eighty-seven Amending B6Ct10D Of of the Laws of eighteen hundred and thirty-six, is hereby chapter 287, amended so as to read as follows : It shall be the duty of one isse. of the acting Canal Commissionei's, in person or by agent, to attend, in behalf of the State, before the Canal Apprais- ers, and procure or request the attendance and examination of witnesses on the part of the State, and if, in the opinion of the Canal Appraisers, the interests of the State require it, they may employ counsel on behalf of the State on the hearing of claims for damages before them. By chapter 538 of the Laws of 1857, volume 2, page 141, the terms of office of the three Canal Appraisers to be appointed next after the passage of this act (April 1^, 1857), is declared, and the amount of salaries, etc., to be paid to them, fixed. By chapter 194 of the Laws of 1863, page 331, to provide for the payment of interest on certain canal drafts, certifi- cates, awards for damages, and estimates for work done on the canals of this State, it is enacted, that all drafts made, given or issued since the first day of January, 1860, and prior to the first day of January, 1863, fur all awards made by the Canal Appraisers, sliall be entitled to draw interest at the rate of six per cent per annum after sixty days from the date thereof, for the period during which payment of such drafts, etc., shall be delayed or postponed by the State, in consequence of the non-appropriation of funds to pay such drafts, etc. ; but such interest shall cease whenever the Auditor of the Canal Department shall give notice in the State paper that funds have been provided to pay the claims mentioned in said act. The provisions of said act should not 28 Manual of Laws be deemed, taken or adjudged to alter, modify, change or repeal the provisions of any law theretofore passed, authoriz- ing the payment of interest by the State. By the provisions of the Laws of 1866, chapter 836, sec- tions 5, 6, 7 and 8 ; chapter 9, title 9, article 3 of the Revised Statutes, are amended. The following section refers to ]'urisdiction to hear claims: 7iN.T.,a76. Sec. 5. §84 (§48). Every person interested in premises so appropriated, and every person who shall claim to have sustained damages by reason of the temporary appropriation of his lands or waters, or any injury caused by the canals of this State, or the works connected therewith, if he intend to claim such damages, shall, within one year after such prem- ises, lands or waters have been taken permanently, apppro- priated or temporarily occupied, and within one year after jurisdiction shall be conferred upon the Canal Appraisers by tlie Legislature to hear such other injury, file in the office ot the Canal Appraisers a detailed statement of his claim in writing, signed by himself, his guardian or his agent, speci- fying in as particular a manner as the nature of the case will admit, the' extent of his interest in the premises appro- priated and the nature and amount of damages, which claim shall be verified in the same manner as pleadings are now required by law to be verified. Section 6 provides for notice by the Canal Appraisers of the time and place of meeting to view premises and take testimony. Section 7 enacts, that it is the duty of Canal Appraisers to decide upon claims for damages from information obtained by them in viewing the premises, and from the evidence, if any, received by them from witnesses. It gives the appraisers power, upon application from claimant or Canal Commis- sioners, within thirty days after the award shall have been recorded, and notice thereof given to claimant and commis- sioner, to order a new trial in cases of surprise or newly dis- covered evidence, or in cases where material errors have been committed on the first hearing. Section 8 enacts, that whenever the Cana! Board shall, upon the hearing of any appeal from the award of the Canal Appraisers, reverse or modify such award, they shall state the Relating to Private Claims. 29 ground thereof in the resolution or order relating to such appeal, and how much, if any, such award is increased or diminished ; a copy ot the order or resolution to be imme- diately filed with the appraisers, and also a copy of every resolution of affirmance ; that the Canal Board should also have power to order a rehearing before the Canal Appraisers in the nature of a new trial, before the Canal Appraisers- (Amendments also of sec. 4 of chap. 353, Laws of 1849.) Laws of 1868, Chapter 579, Page 1197. An Act in relation to appeals from decisions of Cana^ Appraisers. Passed May 5, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. In all cases where by special act the Canal Appeals •' ^ from awards Appraisers have been or may hereafter be authorized to hear "j^serstf and determine any claim for damages resulting from any cause, fgrradbj an appeal may be taken to the Canal Board from the decision ^''Lalf.'^aaf; or award of said Canal Appraisers by the Canal Commis- 29Hnn,'i59! sioners, on the part of tlie State, or by any claimant affected by such award or decision. The Canal Board, on such canai Board 1 <■ !•/■ 1 1 • • ' to affirm, appeal, may atfarm, reverse or modify the decision or award modify or r r J J J > - ^ reverse appealed from, and their decision shall be final and conclusive, eachawards § 2. Such appeal shall be taken within three months from Appeals, the time that such decision or award shall have been made taken, and entered, but from decisions or awards made prior to the passage of this act, and not paid or accepted, such appeal may be taken at any time within thirty days after such § 3. All existing laws regulating appeals from the deci- ^^f j°§j sions of the Canal Appraisers, not inconsistent with the pre- "-^J^^^;^ ceding section, shall apply to appeals under this act. '° ^'p'^- § 4. This act shall take effect immediately. 30 Manual of Laws Laws of 1870, Chapter 321, Volume 1, Page 749. An Act to provide for the appraisal of canal claims against the State. Passed April 21, 1870. The People of the State of New Torh, represented in Senate and Assembly, do enact as follows : Canal Ap- Section 1. Jurisdictioti is hereby arranted to and conferred Ei'aiserB to ' " earandde- upon the Canal Appraisers to hear and determine all claims termme cer- ^ ^ ^ for^dam-"* against the State, of any and all persons and corporations, ages. -fm- damages alleged to liave been sustained by them from the canals of the State, or from their use and management, or resulting or arising from the negligence or conduct of any officer of the State having charge thereof, or resulting or arising from any accident orother matter or thing connected Principle to with the canals : but no award sliall be made unless the facts govern in ' making proved shall make out a case whicli would create a legal liability against the State, were the same established in evidence in a court of Justice against an individual or corporation, and in case such legal liability shall be satisfactorily established, then the appraisers shall award to the claimants such sum as Awards to shall be just and equitable, subject, however, to the right of to appeal to appeal to the Canal Board in all cases, in the manner now CanalBoard . , , , , . , , , , . . , , . provided bv law, provided that the provisions of this act Proviso. t. ^ f L I S8N.T.,416. shall not extend to claims arising from damages resulting from the navigation of the canals. Claims, § 2. The claimants shall file their claims in the office of when to be " fli^*' the Canal Appraisers within two years from the time said damages shall have accrued, but claims for damages which shall have accrued more than one year prior to the passage of this act shall be filed within one year from the date Canal Ap- hereof. The Canal Appraisers are hereby authorized and praisers to ^ ^ ^ *^ «™p'°^ required to employ counsel on behalf of the State, on the hearing of such claims, as may be necessary to protect the- Repeal. interests of the State. All acts or parts of acts inconsistent with this act are hereby repealed, ^fais'ert'to § ^" '^^® ®*^^ Board of Canal Appraisers shall prescribe riiies'ft)^^ rules as to the form and manner in which claimants shall dafmsf °°' make out and verify their statement of claims ; and they Rule for shall provide a general rule for the taking of evidence when dence? *" the witness shall not be examined orally before said board, Relating to Private Claims. 31 and for reducing to writing and procuring said evidence when taken. The said board is hereby authorized to issue May eub- subpcenas for the attendance of witnesses, and shall liave cmnpei^at- - , , , , , tendance of power to compel their attendance by attachment, and to witnenees. punish them for contempt, in the same manner as is now provided by law in relation to courts of record ; and the said board shall also have power to administer oaths to witnesses Mayadmin- . . . ister oathB and to issue commissions for the examination ot witnesses ana exam- ine wit- residing out of the State. nesses; and ° Issue com- § 4. This act shall take effect immediately. miesione. By the foregoing act the jurisdiction of the Canal Appraisers to hear and determine claims for damages is enlarged, and the time in which claims may be filed is also enlarged. Whether the first section of the act embraces claims for the permanent appropriation of lands, waters or streams appropriated by the canal authorities for the use ot the public, and whether the second section applies to the time in which such claims may be presented, are matters of contention. Probably an early decision will be made by the Court of Appeals of these questions. By chapter 152 of the Laws of 1879, it was enacted, that whenever, in the judgment of the Superintendent of Public Works, any of the earth structures of the canals of the State need to be raised, widened, strengthened, or otherwise improved, he is authorized to enter upon, and permanently appropriate, to the use of the State, so much of any lands, adjacent to the canals, as may be necessary to provide earth and gravel for such purposes. That claims for damages, by reason of such appropriation of land, may be adjusted and paid, by said Superintendent, if the amount thereof can be agreed upon with the owner or owners of land so appro- priated ; otherwise, said claims shall be heard and determined, in the same manner as other claims now are, by the Board of Canal Appraisers. The foregoing act, conferred jurisdiction upon the Canal Appraisers, to hear and determine claims for lands adjacent to the canals entered upon, and permanently appropriated, by the Superintendent of Public Works, necessary to provide earth and gravel, when, in his judgment, any of the earth structures of the canals need to be raised, widened, strength- 32 Manual of Laws ened, or otherwise improved, in the same manner as other claims were heard by them. Laws of 1880, Chaptke 161, Volume 1, Pagb 161. An Act conferring upon the Board of Canal Appraisers the power to allow amendments to claims. Passed May 4, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows : mente^to Section 1. Power is hereby given the Board of Canal b'e'aifowed! Appraisers, in furtherance of justice, without terms, to allow amendments to claims now or hereafter filed in their oiEce, at the same time and in the same manner as amendments are allowed to pleadings in the Supreme Court ; but no additional claim for damages shall be allowed under this act; ProTiBo. provided, however, that no claim barred by the provisions of section two of chapter three hundred and twenty-one of the Laws of eighteen hundred and seventy, shall be revived under or by virtue of this act. § 2. This act shall take efiect immediately. So much of the provisions of the foregoing statutes as relates to the practice and procedure of the Canal Apprais- ers in the hearing tjf claims, employment of coimsel, making and filing awards, appeals therefrom, etc., are now inoperative. So much of said statutes in force on May 21, 1884, as relates to the powers- of the Canal Board upon appeals to , that board from the Canal Appraisers, are operative so far as said appeals to said board, which were undetermined on May 21, 1884, and transferred to the Board of Claims to be heard, are concerned. So much of said statutes in force on May 31, 1883, as confers jurisdiction and power upon the Canal Appraisers to hear and determine claims, are operative in this, that said jurisdiction and power are now vested in the Board of Claims. It appears by the foregoing statutes and laws that juris- diction and power to hear arid determine private claitns against the State were given to the Canal Appraisers, and Relating to Pmivatb Claims. 33 possessed by them on May 31, 1 883, in the following classes of claims ; First. Where lands, waters or streams are appropriated by the canal authorities, to the use of the public, and claims therefor are filed within one year after the premises have been appropriated. Second. When any lands are overflowed by the erection of any dam by the Canal Commissioners, on any river or stream connected with the public works. Third. When damages shall be claimed by the owner of any lands, waters or streamfe, which the Canal Commissioners shall have occupied for temporary purposes in the construc- tion or improvement of any State canal, or other public works connected therewith, or on which they shall have entered for the purpose of obtaining materials for the con- struction or improvement of such canal, or other works connected therewith. Fourth. When any portion of land, of a tract or parcel of land, divided by the location or enlargement of a canal, is taken and appropriated by the canal authorities tor public use. Fifth. All claims against the State, of any and all persons and corporations, for damages alleged to have been sustained by them from the canals of the State, or from their use and management, or resulting or arising from the negligence or conduct of any oflBcer of the State having charge thereof", or resulting or arising from any accident or other matter or thing connected with the canals, but not to claims arising from damages resulting from the navigation of the canals. Claims to be filed within two years from the time said dam- ages shall have accrued, but claims for damages which shall have accrued more than one year prior to April 21, 1870, shall be filed within one year from said April 21, 1870. Sixth. All claims for lands adjacent to the canals, entered upon, and permanently appropriated to the use of the State, necessary to provide earth and gravel, whenever. any of the earth structures of the canals, in the opinion of the Superin- tendent of Public Works, need to be raised, strengthened, or improved. There is nothing in the said statutes which expressly limits the time for filing claims embraced in the second, third, fourth 3 34 Manual of Laws and sixth classes above, unless the provisions of section 5, chap- ter 836, Laws of 1866, do so. It is a matter of contention whether the limitation prescribed for claims in the fifth class, above, applies to the class of claims therein mentioned, or to all classes of claims ; also, as to whether the kind of claims specified in the fifth class, embraces that in the first class. Where lands, streams or waters shall be appropriated after May 22, 1884, owners have two years after service of a written or printed notice of such appropriation, on which to file claims. (Laws 1884, chapter 336.) All the jurisdiction and power to hear and determine claims against the State, possessed by the Canal Appraisers, have been vested in the Board of Claims. STATUTES EELATIVE TO THE STATE BOAED OF AUDIT. Laws of 1876, Chapter 444, Yolume 1, Page 477. An Act to establish a State Board of Audit, and to define its powers and duties. Passed June 2, 1876. The People of the State -of New York, represented in Senate and Assembly, do enact as follows : Section 1. A State Board of Audit is hereby constituted and established, which shall be composed of the Comptroller, the Secretary of State and the State Treasurer. Powers. § 2. It shall be the duty of said Board of Audit, and it 26 Hun, 581. , ,, , , ■,, . , . , shall have power, to hear all private claims and accounts against the State (except such as are now heard by the Canal Appraisers according to law), to administer oaths and take testimony in relation thereto, to determine on the justice and amount thereof, and to allow such sums as it shall consider should equitably be paid by the State to the claimants. Its decisions shall be filed in the office of the Attorney- Secretary of State. It shall be the duty of the Attorney attend hear- General to attend every hearing before said Board of Audit, for the purpose of protecting the interests of the State, and he shall have authority to subpoena and examine witnesses on behalf of the State in reference to such claims or accounts, Relating to Private Claims. 35 § 3. Said board shall establish rules as to the times of its soBsione. sessions, which shall be a* least as often as once in each Ku'es- month, and as to the forms and methods of procedure before it. Two members of said board shall constitute a quorum. Qnomm. The concurrent vote of two of its members shall be neces- sary to, and shall constitute, a decision. § 4. The Secretary of State, at the opening of each session Report to of the Legislature, and at other times when so requested by "s**"®- the Legislature, shall send a report thereto, containing a tull list of the claims and accounts acted upon by the said Board, with the evidence taken and tlieir action on each thereof, since the last preceding report. § 5. This act shall take effect immediately. By chapter 211 of the Laws of 1881, the foregoing enact- ment was amended, providing for the issuing of subpoenas, for appeals to the General Term of the Supreme Court, for costs upon appeals, etc., all of which are now inoperative. By the foregoing statutes the State Board of Audit had jurisdiction and power to hear all private claims against the State, except such as were heard by the Canal Appraisers according to law. All the jurisdiction and power to hear and determine pri- vate claims against the State, possessed by the State Board of Audit, have been vested in the Board of Claims. STATUTES KELATIVE TO THE BOAKD OF CLAIMS. Laws of 1883, Chapter 205, as Amended bt Laws of 1884, Chapters 60 and 334. An^Act to abolish the office of Canal Appraiser and the State Board of Audit, and to establish a Board of Claims and define its powers and duties. Passbd April 7, 1883 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The Governor, by and with the advice and con- commis- ,. , ~ 111 .1 r~, ■ . Bionere of sent or the Senate, shall appoint three persons Commissioners claims, ap- . J, pointment of Claims, who shall be citizens of this State, and of whom two, of but not more, shall be practicing attorneys and counselors of the Supreme Court; they shall constitute a Board of Claims. 36 Manual of Laws Said commissioners to be first appointed, shall be appointed for the term of two, four and eix years, respectively, from the first day of January next ensuing their appointment, and until their successors shall be appoitited and have quali- fied, and shall enter upon the duties of their office on the first day of June, eighteen hundred and eighty-three. Two of said commissioners shall constitute a quorum for the transaction of business; tjie commissioner having the shortest time to serve, and who is a counselor of the Supreme Court, shall act as presiding officer of the board. Whenever the term of office of any Commissioner of Claims shall expire, the Governor in like manner shall appoint a successor for the full term of six years. When a vacancy in the office shall occur before the expiration of its term, the same shall be filled for the unexpired term by appointment by the Governor, by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session, the Governor may appoint some suitable person to fill such vacancy until the first day of January next succeeding such appointment, and the remainder of the unexpired term shall be filled in like manner as if such vacancy had occurred during the ses- sion of tlie Senate. The Governor may remove any Com- missioner of Claims within the term for which he shall have been appointed, but before removing him he shall give to such officer a copy of the charges against him and an opportunity of being heard in his defense. Each of said Official oath Commissioners shall take and subscribe the oath of office pensatSn. required by the Constitution, and file the same in the office of the Secretary of State, and shall receive a compensation of five thousand dollars per annum, payable quarterly, and his necessary expenses, not exceeding five hundred dollars per annum for each commissioner. The persons appointed under this act to fill vacancies shall possess the same qualifi- cations as the commissioner whose place such person is appointed to fill. commiB- § 2. The Board of Commissioners shall appoint, and at appoint pleasure may remove, a clerk, a deputy clerk, a stenographer and a messenger, each of whom, before entering upon the duties of his office, shall take the oath of office required by the Constitution, and file the same in the office of the Secre- tary of State I they shall perfprm tlieir diities upcjer the Relating to Private Claims. 37 direction of the board. The clerk, under the direction of cierk, da- IiIgs of GtC the board, shall disburse the fund which from time to time may be appropriated for the use of said board, and before entering upon the duties of his oflSce, he shall make and file in the office of the Comptroller a bond, for the faithful per- formance of his duties, in an amount and witfi sufficient sureties to be approved by the board, which approval shall be indorsed on said bond. The clerk shall receive an annual salary of three thousand dollars, in lieu of all fees, except for copies of papers. The deputy clerk shall receive an annual salary of fifteen hundred dollars a year ; the stenog- rapher shall receive an annual salary of fifteen hundred dol- lars, and five cents a folio for copies of minutes and testimony furnished at the request of the claimant; but no charge shall be made against the State by the clerk or stenographer tor copies of minutes, testimony or papers furnished the Attorney General or the Board of Commissioners, or filed in the office of the clerk. The stenographer shall file with the stenogra- clerk a copy of the minutes and testimony taken in each of, etc. claim heard by the board. The messenger shall receive an Messenger, annual salary of eight hundred dollars ; and the clerk, stenog- etc. rapher and messenger shall each receive actual expenses while in the discharge of their respective duties at other places than the city of Albany. Said salaries shall be paid monthly. The commissioners shall meet on the first Mon- day in June, eighteen hundred and eighty-three, at the city of Albany, for the purpose of organization and appointment of said clerk, stenographer and messenger, and for the adop- tion of rules of procedure. § 3. Each of said commissioners and the clerk of said board Power to shall have the power to administer oaths, and said board oathe, make shall liave authority to establish rules for its government, and the forms and methods of procedure before it ; to issue subpoenas to witnesses to appear and testify, and for the production of books and papers ; to compel obedience to such subpcenas by attachment ; to punish for contempt in like cases and in like manner as the Supreme Court; to issue commissions to take testimony, either within or with- out this State, to be used before it in like cases and in like manner as the Supreme Court issues such commissions. When testimony is taken on commission, at the instance of 38 Manual op Laws the claimant, the fees of the commissioner before whom it is taken and the expense of the commission shall be paid by the claimant, and when taken at the instance of the State, such commissioner's fees, logether with all expense incurred by the Attorney General in his official capacity, shall be paid out of the contingent fund to be provided for said board. On the first day of January in each year the clerk shall report, under oath, to the Comptroller, a detailed statement of his receipts and disbursements for the preceding year. Sessions. § 4. The Said board shall hold at least four sessions in each year in the city of Albany, commencing, respectively, on the second Tuesday of January, April, September and November, and shall continue each session so long as may be necessary for the disposition of business, and it may ho.ld adjourned ses- sions at such other times and places in the State as the Duty of board may determine necessary and proper. The sheriff of any county, other than the county of Albany, on notice from said board, shall furnish suitable rooms in the court-house of his county for any session or adjourned session of said board, and shall in person, or by deputy, if required by said board, attend such session or adjourned session, and his fees for attendance shall be paid out of the Contingent Fund of said board at the same rate as for attending a term of the Supreme Court in said county. Duty of At- § 5. The Attorney General, in person or by deputy, shall eraitoat- attend each session of said board on behalf of the State; tend on be- half of the shall prepare all cases on the part of the State for hearing, and argue the same when prepared ; shall cause testimony to be taken when necessary to secure the interest of the State; shall prepare forms, file interrogatories and superin- tend the taking of testimony in the manner prescribed by said board ; and generally shall render such services as may be necessary to further the interests of the State in all cases before said board and in the Court of Appeals on appeal snperinten- from the awards of said board ; in all cases of claims before lie Works to said board, of which the Canal Appraisers have heretofore Bietanceto had jurisdiction, the Superintendent of Public Works, on ' request from the Attorney General, shall furnish him snch assistance as he may require to subpoena witnesses and pre- pare cases for trial on the part of the State. Relating to Pbivatb Claims. 39 § 6. Said board shall keep a record of its proceedings, and Record of at the coramencenaent of each sessiou of the Legislature, and "^ss- at snch other times during' each session of the Legislature 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 the statement of the award made in each case. Said board shall have and use a seal which shall seal. conform as to the device thereon, and the size thereof, to the requirements contained in tiie provisions of chapter one hundred and ninety of the Laws of eighteen hundred and eighty-two. The copy of any record, order, award or other certified paper certified by the clerk of said board, under the seal of records by clerk to be said board, shall be entitled to be read in evidence in any evidence, and all courts, and before any and all officers, with the same force and effect as papers certified under the seal of the Supreme Court, by a clerk thereof. Said seal shall be pro- cured for said board by its clerk, and kept in the office of said clerk. § 7. Said board shall have jurisdiction to hear, audit and Juriadic- determine all private claims against the State which shall have accrued within two years prior to the time when such claim is filed, except claims barred by any existing statute, and to allow thereon such sums as should be paid by the State. Such board, however, shall have jurisdiction of such claims as were formerly cognizable by the State Board of Audit, provided they shall be filed on or before July first, eighteen hundred and eighty-four, and shall not have accrued more than six years prior to such filing. It shall also have jurisdiction of all claims on the part of the State against any person making a claim against the State before said board, and shall determine such claim or demand, both on the part of the State and the claimant ; and if it finds that the demand of the State exceeds the demand of the claimant, it shall award such excess in favor of the State against the claimant. § 8. On the termination of a hearing before the Board Awards, of Claims, the commissioners, or any two of them shall make and sign the award of the Board, which shall contain the nanies of the persons interested, the names of the attorneys, if any, who appeared for the claimant, or by whom the claim was made, the amount allowed the 40 Manual of Laws claimant, if any, and if it be a case where the State seeks to appropriate or has appropriated lands for public use, a description by metes and bounds of the land appropriated and for which the award is made, and what amount, if any, the board has deducted from the claim for claims of the State against the claimant, or payments, an entry of which shall be made in detail by the clerk of said board in the book kept by liim for that purpose, which entry shall be signed by the commissioners making such award. Books, en- § 9. Books shall be kept in the ofBce of the clerk of said madein.etc. board in wliich the orders and awards of said board shall be entered by the clerk of said board, and each of said awards shall be entered by him in detail; and he shall attach all the papers in any one claim, with a copy of the testimony and certified copies of all orders therein, to a certified copy of the final order and award, and file the same in his office. Final award Any such final Order or award in favor of the State shall be in fevor of ■' State to be final and conclusive, as between the State and the claimant, conclusiTe, ' ' and the State may sue for and enforce collection of the same in any court having jurisdiction. The Attorney General shall take such jjroceedings as may be necessary to enforce any such order and award in favor of the State. Appeal to § 10. When the amount in controversy exceeds five peals, pro- hundred dollars, either party feeling aggrieved by the final on, etc. award or final order of the board may appeal to the Court of Appeals, upon questions of law only, arising upon the hear- ing of the claim or upon the excess or insufficiency of such award or order. The Court of Appeals shall iiear such appeal, and affirm, reverse or modify such award or order, or dismiss such appeal, or award a new hearing before the Board of Claims, as justice may require. Every appeal sliall be in writing, stating briefly the grounds upon which it is taken, and subscribed by the party or his attorney. A copy of such notice of appeal shall be served upon the clerk of the board and upon the Attorney General. When the appeal is taken by the State, copies ot such notice of appeal shall be served upon the clerk of the board and the claimant or the attorney appearing for him. Service of notice of appeal shall be made in like manner, as in the Supreme Court. The appeal must be taken within thirty days after service of notice of the final award or order of the board. The Relating to Private Claims. 41 party taking an appeal shall, at or before the time of serving the notice thereof, unless said board or a commissioner thereof shall extend the time, make and serve upon the Attorney General, or, if the appeal is taken by the State, upon the claimant or the attorney appearing for him on the hearing before the board, a case containing so much of the evidence given before the board as may be necessary to present the questions raised by the notice of appeal; the respondent may propose amendments, and one of the cotn- missioners before whom the claim was heard shall settle the same and sign the case so settled. And in case no appeal is taken from the decision of said board, as provided by this act, the decision of the board shall be final. § 11. On the hearing before the Court bf Appeals, only Questions such questions shall be considered by the court as are raised sidered on appeal, by the notice of appeal. And on all questions not raised by the notice of appeal, it shall be presumed that sufficient evidence was given on the hearing to sustain the order or award. The practice upon the hearing of appeals in the Practice on Court of Appeals, from the final order or award of the fo°re"b(Mrd board, shall conform, as near as may be, to the practice pre- to appeals, vailing upon appeals from the courts of record of this State. Upon the hearing of all claims before the board, the rules of evidence now prevailing in the courts of record of this State shall be observed, and the practice upon such hearings of claims and taking appeals irom the final order or award made therein, shall conform, as near as may be, to the prac- tice now prevailing in the Supreme Court of this State upon the trial of actions, and upon appeals ; but in no such appeal shall the appellant be required to give a bond or undertaking. § 12. On and after the thirty-first day of May, eighteen omce of hundred and eighty-three, the office of Canal Appraiser and p^le/an'd the State Board of Audit are abolished. All claims against of*Audit" the State then pending before the Canal Appraisers or before claims^ ' the State Board of Audit, shall be, and hereby are, transferred to Board of . Claims. to the Board of Claims. Such Canal Appraisers and said State Board of Audit are hereby directed to transmit to the clerk of the Board of Claims all papers, documents and evi- dence in cases before either of said bodies pending and undetermined on the thirty-first day of May, eighteen hundred and eighty-three. 42 Manual of La ws JnriBdic- § 13. All the jurisdiction and power to hear and determ- ine claims against the State, formerly possessed by the Canal Appraisers and the State Board of Audit, is hereby vested in the Board ot Claims. Whenever a claim against the State is pending before said Board of Claims, which the Canal Appraisers have heretofore had jurisdiction to hear and determine, the board shall take testimony in the vicinity where the damages are alleged to have occurred, and the To view premises alleged to have been damaged shall be personally etc. viewed by said board, and said board shall hold an adjourned session in said vicinity for the purpose of hearing said claim. Notice to § 14. Suitable rooms shall be assigned in the new Capitol propriation for the scssions of the Board of Claims, and for the office of of iaads for , , ^ ^ f-, . i . . i i i i n i i canal pur- the clcrk. Said Commissioners and clerk shall liave the use poses. of the books in the State library in the course of their official duties. The Legislature shall annually appropriate such sum as shall be necessary, not exceeding five thousand dollars, as a contingent fund for the use of said board, not to be*"' § ^^- Costs, witness fees and disbursements shall not be taxed. taxed, nor shall counsel or attorney fees be allowed by said board to any party. Laws of 1884, Chaptee 85. An Act conferring jurisdiction upon the Board of Claims to hear, audit and determine certain private claims against the State of New York. Passed April 3, 1884; three-fifths being present. The People of the. State of New York, represented in Senate and Assemhly, do enact as follows : Kxcinsive Sbction 1. Exclusive iurisdictiou is herebv Conferred upon jurisdiction , „ ./ r vat^e^^aims Board of Claims to hear, audit and determine all private dermis""' ^l^i^s against the State of New York, arising in any man- infectious" "®'' *''*^"^ ^^^ 0"*= of any and all acts and proceedings had, ^o^usX*-" <^<^"6 and performed under chapter one hundred and thirty- aSimafa' ^our ot the Laws of eighteen hundred and seventy-eight, and chapter three hundred and six of the Laws of eighteen hundred and seventy-nine, entitled respectively "An act in relation to infectious and contagious diseases ot animals," provided said claims shall not have accrued more than six years prior to the filing of said claims; and to allow thereon Relating to Private Claims. 43 such sums as should be paid by the State ; anything con- tained in the aforesaid acts to the contrary notwithstanding. § 2. When the amount in controversy in any such claim Appeals, shall exceed five hundred dollars, either party feeling aggrieved by the final order or final award of said- board may appeal therefrom to the Court of Appeals in like man- ner as is provided for appeals from the final order or final award of said board, by chapter two hundred and five of the Laws of eighteen hundred and eighty-three, entitled ''An act to abolish the office of Canal Appraiser and State Board of Audit, and to establish a Board of Claims, and define its powers and duties," and the acts amendatory thereof. And the Court of Appeals shall hear such appeals in like manner as appeals from the final order and award of said board in other claims heard by it, as is provided in the act last above mentioned, and the acts amendatory thereof. § 3. This act shall take effect immediately. Chapter 204. An Act to give the Board of Claims jurisdiction to hear, audit and determine the claim of James Galloway against the State, and exempting the same from the limitation contained in section seven of chapter two hundred and five of the Laws of eighteen hundred and eighty-three. Passed April 25, 1884 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The Board of Claims is hereby given inrisdic- Jnrieaic- tion to hear, audit aud determine the claims of James ferrea. Galloway against the State, in like manner as though said claim had been filed within the time, limited by section seven of chapter two hundred and five of the Laws of eighteen hundred and eighty-three, and the said claim is hereby exempted from the limitation contained in said section. § 2. This act shall take effect immediately. 44 Manual of Laws Chapter 318. As Act to authorize the Board of Claims to hear, audit and determine the claims of the State for balances due on the books of the Comptroller from certain counties. Passed May 21, 1884. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Board of SECTION 1. The Board of Claims is hereby authorized and Claime to ■' hear and directed to hear, audit and determine the claims of the State audit claims ' agaimlt'cel-- ^^^ balances due on the books of the Comptroller from tfes.™"° Clinton, Kings, Putnam, Richmond and Schuyler counties ; said balances arising from interest due on State tax, defalca- tion of county treasurers and other causes, and to make such awards as shall be just and equitable. § 2. This act shall take effect immediately. Chapter 329. An Act in relation to cases for damages appealed from the late Board of Canal Appraisers to the Canal Board, and now pending and undetermined by said Board. Passed May 31, 1884; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Appeals to Sbotion 1. All appeals from decisions of the Canal fromawards Appraisers now pending and unheard before the Canal of Canal „ , , , , , „ , , , Appraisers Board, and sucli appeals hereafter taken, are hereby trans- to Board of ferred to and directed to be heard and determined by the Claims. ... Board of Claims, and said Board ot Claims, upon hearing of such appeal, shall have the same power as to the aflBrmance, reversal or modification of such decisions, or the granting of new trials therein, as is now possessed by the Canal Board, and in case a new trial shall be granted on any of said appeals, the said Boai'd of Claims shall proceed to hear, try and determine the same according to the provisions of chap- ter two hundred and five of the Laws ot eigliteen hundred Right to ap- and eighty-three. Either party shall have the same right of Sorartof appeal to the Court of Appeals from any determination ''''** °' thereon by said Board of Claims as is provided in either Relating to Private Claims. 45 cases by said act, chapter two hundred and five of the Laws of eighteen hundred and eighty-three. § 2. The Attorney General, in person or by deputy, shall ^''^''^^to prepare said appeals for argument on the part of the State, ^eX for"'' and argue the same when prepared ; and shall render such "f""^"'' service as shall be necessary to further the interests of the State in all cases transferred by the provisions of this act to the Board of Claims, and in all appeals taken therein to the Court of Appeals. § 3. This act shall take effect immediately. Chapter 336. An Act in relation to the appraisal of canal claims against the State. Passed May 33, 1884 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. In the construction or improvement hereafter RoomBtcbe of any canal or feeder, whereby the Superintendent of the ^w ™ Public Works, or other authorized agent of this State, shall *^'°' appropriate private lands, streams or water, the said Super intendent of Public Works, or other authorized agent of the State, shall serve upon the owner, owners or occupant on said lands, streams or waters a written or printed notice of such appropriation, duly signed by him, which notice shall contain an apt and sufficient description of the lands, streams or waters so appropriated. § 2. The Board of Claims shall have jurisdiction to hear. Board of audit and determine the claim of the owner or owners of aud™cia?m8 such lands, streams or waters, and to allow thereon such sums ' ™ ^*° as should be paid by the State, provided such claim shall be filed within two years after the service of said written or printed notice, as provided in section oiie of this act. S 3. The said Board of Claims, whenever the appraised When ai- " ' ' lowances to value of the premises appropriated shall be less than two ^« made ^<" hundred dollars, shall in their award make a reasonable "i^tie™"*' °' allowance for the expense of procuring the abstract of title and certificate of search as to incumbrances, which the §t;a.tute8 require shall be fqrnished the Comptroller before 46 Manual of Laws payment of any damages which may be awarded for the per- manent appropriation of land or water. § 4. AH acts or parts of acts inconsistent with the provi- sions of this act are hereby repealed. § .5. This act shall take effect immediately. Governor may cause infected or diBeaeed animalB to be slaugh- tered. Actual valne to be paid to owners. Value, how determined. JnriBdic- tlon con- ferred on Board of Ctaima, Chapter 418. An Act in relation to infectious and contagious diseases of animals. Passed May 31, 1884; three-fifths being present. The People of the State of New Fork, represented in Senate and Assembly, do enact as follows : . Section 1. Whenever in his judgment, for the more speedy and economical suppression, or for preventing the spread of any infectious or contagious disease of domestic animals, the public welfare shall be promoted thereby, the Governor shall have, in addition to the powers conferred upon him by chapter one hundred and thirty-four of the Laws of eighteen hundred and seventy-eight, tne power to cause to be slaughtered, and to be disposed of afterwards as in his judgment may be expedient, any animal or animals which, by contact or cohabitation with diseased animals, or by other exposure to infection or contagion, may be consid- ered or determined, after examination, to be liable to con- tact or to communicate the disease sought to be suppressed or to be prevented from spreading. § 2. The actual value at the time they are killed of any animals slaughtered under the provisions of chapter one hundred and thirty-four of the Laws of eighteen hundred and seventy-eight, or of this act, to be ascertained and determ- ined, as hereinafter provided, shall be paid to the owners of such cattle. For the purpose of ascertaining and determ- ining the value of the animals so slaughtered, the agent that may have been appointed by and shall be acting for the Governor under said acts shall appoint one appraiser, the owner of the cattle killed shall appoint another, and the two thus appointed shall select a third, and these together shall proceed to appraise the amount so to be paid to the owner of such cattle. The Board of Claims shall have exclusive jurisdiction to bear, audit and determine all claim? which Relating to Private Claims. 47 shall arise under the provisions of this act and to allow thereon such sums as should be paid by the State, provided that no compensation shall be made under the provisions of this section, or otherwise, to any person who shall willfully have concealed the exifitence of disease among his animaljp or upon his premises, or who shall, in any way, by act or by willful neglect, have contributed to the spread of the disease sought to be suppressed or prevented from spreading. § 3. This act shall take effect immediately. By the foregoing laws of 1883 and 1884, all claims against the State, pending and undetermined on May 31, 1883, before the Canal Appraisers or before the State Board of Audit, were transferred to the Board of Claims, and juris- diction was vested in said board to hear, audit and determine the same. All the jurisdiction and power to hear and determine claims against the State, formerly possessed by the Canal Appraisers and the State Board ot Audit, were also vested in the Board of Claims. Said board was also vested with jurisdiction to hear, audit and determine all private claims against the State, which shall be filed with it and which shall have accrued within two years prior to such filing, except claims barred by any existing statute, and to allow thereon sums as should be paid by the State; also, jurisdiction of all such claims as were formerly cognizable by the State Board of Audit, provided they shall be filed on or before July 1, 1884, and shall not have accrued more tlian six years prior to such filing; also jurisdiction of all claims on the part of the State, against any person making a claim against the State before said board, and shall determine such claim or demand both on the part of the State and the claimant (*. e., where a claim has been presented against the State, the State, it it has any claim against such claimant, may set it up in the nature of a counter-claim). Also exclusive jurisdiction of all private claims against the State, arising from atid out of any and all proceedings had, done and performed under-chapter 134 of Laws of 1878, chapter 306 of Laws of 1879 and chapter 418 of Laws of 1884, entitled, respectively, " An act in relation to infectious and contagious diseases of animals," provided 48 Manual of Laws said claims shall not have accrued more than six years prior to the filing thereof. Also, jurisdiction to hear, audit and determine claims of the State for balances due on the books of the Comptroller, from Clmton, Kings, Putnam, Richmond ^d Schuyler counties. Also, to hear and determine all appeals from decisions of the Canal Appraisers, pending and unheard before the Canal Board on May 21, 1884, and such appeals thereafter taken ; and to have the same power as to the affirmance, reversal or modification of such decisions, or the granting of new trials therein, as was on said May 21, 1884, possessed by the Canal Board ; and in case a new trial shall be granted on any of said appeals, to proceed to hear, try and determine the same according to the provisions of chapter 205 of the Laws of 1883. Also, jurisdiction to hear, audit and determine the claim of the owner or owners of lands, streams or waters appropriated by the State after May 22, 1884, provided such claim shall be filed within two years after the service of a written or printed notice upon the owner, owners or occupants of said lands, streams or waters, of such appropriation. Also, such claims as the Legislature has, in 1883 and 1884, sent, or such as it may hereafter send, to said board to hear, audit and determine. Relating to Private Claims. 49 PRACTICE AND PROCEDURE RELATIVE TO . Claims ; the Hearing thereof t)ef ore the Board of Claims; Upon Appeal; and their Payment, &c. By the acts relative to the Board of Claims, power is given power to to the commissioners and the clerk to administer oaths, and oaths ; ee- authority is given to the board to establish rules for its mies; sub- pc6na wit- government, and the forms and methods of procedure before nesses, etc. it ; to issue subpoenas to witnesses to appear and testify, and for the production of books and papers ; to compel obedience to such subpoenas by attachment; to punish for contempt in like cases and in like manner as the Supreme Court ; to issup commissions to take testimony, either within or without this State, to be used before it in like cases and in like manner as the Supreme Court issues such commissions. Said acts also provide, that upon the hearing of all claims pjag,ice before the board, the rules of evidence now prevailing in IvfaeS'ce il the courts of record of this State shall be observed, and the SSSrtk? practice upon such hearings of claims, and taking appeals p™™''* from the final order or award made thereon, shall conform, as near as may be, to the practice now prevailing in the Supreme Court of this State, upon the trial of actions and appeals. It will be seen that said board, in the matter of private ^^yien of claims against the State — the hearing thereof — and in the *<>'>"'■• taking of appeals from its decision, has practically all the powers and authority of a court. Said board has adopted rules for its government. (See post.) The rules of the Supreme Court are made the rules of the board, so far as applicable, and when not inconsistent with any rules adopted by the board. Claims. The first step on the part of a claimant having a private caption, claim against the State, is to have his claim drawn, signed and verified. It should be entitled, " In Board of Claims ; 4 50 Manual op Laws What claim to contain. Bill of par- ticolarB. Verifloa- tion, etc. Folioed. Where filed, etc. Copies to be filed. A. B., claimant, against the State of New York." It should contain a brief and concise statement of the facts constitut- ing his claim, the time when and the place where the claim arose, without setting forth the evidence or conclusions of law. If the claim is for lands permanently or temporarily appropriated by the State, a specific description of the land, its location and the amount. It should state that the claim has never before been presented to any department or officer of the State, or, if it has been, then when and to what department or officer, with what results, and what action has been had thereon. It should state that the claim has not been assigned, or, if assigned, when and to whom, and the name and residence of every person interested in the claim, and that no other person had any interest therein, or, if any other person has any interest therein, then state specifically what interest. If the claim contains more than one item of claim there should be annexed a bill of particulars, stating in detail each and every item claimed, and the amount of such item. The claim and bill of particulars must be signed by the claimant or his attorney, adding thereto the office and post-office address of such claimant or attorney. The claim must be verified in the same manner as pleadings in the Supreme Oourt. No claim will be filed by the clerk of the board unless it shall be verified as aforesaid. When the claim exceeds two folios in length it should be folioed. The claim, which may be either in writing or printed, when so as aforesaid drawn, signed, verified and folioed, is deemed the original claim, and should be sent or delivered to the clerk of the board at his office in the Capitol in Albany, which office is open between the hours of 9 a. m. and 5 p. m. on all days except Sundays and legal holidays. On the receipt by the clerk of such original claim it is entered in the claim book kept in his office, and said claim is indorsed with the date when so received, and with the volume and page of the claim book on which it is entered. The claim is entered by the clerk on the general calendar in its chro- nological order and number. The claimant must, at the time of filing his claim, or within ten days thereafter, send or deliver to the clerk twelve printed copies of his claim and bill of particulars, to be distributed by the clerk under the Relating to Private Claims. 51 rules. If the amount claimed does not exceed $200, twelve written instead of printed copies may be furnished. Of the twelve copies of the claim so filed the clerk deliv- ers three to the Attorney General, and the claim is entered upon the books kept for that purpose in the office of the Attorney General. No Pleadings on Part of the State. No answer or other pleadings are made, filed or served on ^o pieaa- the part of the Attorney General to any such claim filed, sute!*^ but all allegations contained in said claim are deemed con- troverted by him on behalf of the State. The Attorney General may, upon ten days' notice, move to dismiss a claim on the ground that the facts stated in tlie claim do not con- stitute a legal or equitable claim against the State. Such notice shall state particularly the grounds of the motion, and point out specifically the alleged defects in the claim. But pmceed- in a claim filed in which the State may have a claim against of®it°toraey the claimant, the Attorney General may file a claim against '^®°"*'- such claimant in the nature of a counter-claim. When such claim is filed on the part of the State, the Attorney General must deliver to the clerk twelve copies thereof, three of which shall be delivered by the clerk to the claimant against whom it is pi'eferred, or his attorney. Hearing of Claims. The claim having been regularly filed with the clerk of the board, and the copies delivered to him, the next step is the hearing by and before the board. By the act of the sessions Legislature constituting the board, four stated sessions of the ^he?ef" "^ board must be held in the rooms in the Capitol, in the city of Albany, assigned for such sessions, viz., on the second Tuesday of January, April, September and November in each year. The board may also hold adjourned sessions at such other times and places in the State as it may determine necessary and proper. When such sessions shall be held in sessions any county in the State other than the county of Albany, the ciaimsf' sheriff of such county shall furnish suitable rooms in the court-house of his county for such session. In claims trans- ferred to said board from the late Board of Canal Apprais- ersj and the clainis filed with the Board of Claims, of which 52 Manual of Laws Presiding commiB- sioner. Calendars, etc. Motions. Witnesses and SDb- pcenas. said Canal Appraisers had jurisdiction, the Board ot Claims shall take testimony in the vicinity where the damages are alleged to have occurred. The commissioner having the shortest time to serve, and who is a counselor of the Supreme Court, shall preside. Calendars are made up by the clerk for each stated or adjourned session of the board, and are printed, and copies mailed to the several claimants, or their attorneys, whose claims appear thereon, and to the A.ttorney General. These copies of calendar are mailed as above at least sixteen days before the time specified for the holding of said session. Claims may be put upon the calendar and brought to hear- ing at any session of the board, by either party, upon notice to the other, as prescribed by sections 977 and 980 of the Code of Civil Procedure. Copies of such notice should also be served upon the clerk, or a notice, in the nature of a note of issue, as a request to him to place such claims upon the calendar to be made for the session at which such claim shall be noticed for hearing. When the board shall appoint a session to be held at any place other than the city of Albany, or a session shall be adjourned to some place other than the city of Albany, for the hearing of local causes (especially claims transferred from the Canal Appraisers, or claims filed, of which said Canal Appraisers have heretofore had juris- diction), it shall, by order, designate the claims to be placed upon the calendar for hearing at that session, and such claims shall be deemed to have been noticed by both parties. The clerk will prepare a calendar in accordance with such order, which will be printed and mailed in the same manner as cal- endars for stated sessions. The board will hear ex parte and non-enumerated motions at any session of said board. Motions should be noticed for the first day of the session. Witnesses on the part of the claimant and the State are subpoenaed by the respective parties for the hearing in like manner as in civil actions in the Supreme Court, and such witnesses are entitled to the like per diem and travel fees. No subpoenas are issued by said board, but the claimant and the Attorney General cause said subpcenas and tickets to be made out and served in like manner as if it were in a civil Relating to Private Claims. 53 action in the Supreme Court. The following is a proper form for a subpoena : In the name of the People of the State of New York. Form of ■ Babpoena. To Greeting : We command you, and each of you, that all and singular, business and excuses being laid aside, you, and each of you, appear and attend before the Board of Claims of our State of New York, at the city of Albany, N. Y. (or at the court- house of the county of Erie, in the city of Buffalo, N. Y., or at such place as the session is to be held), on the day of , 188 . . , at o'clock in the noon, to testify and be examined as a witness in behalf of the in the matter of the claim of against the State of New York, now pending, and then and there to be heard before our said Board of Claims (if duces tecum clause is required), and that you bring with you and produce then and there (insert what books, papers, etc.). And hereof fail not at your peril. Witness, Hon Lyman H. Northup, Hon. George M. Beebe, Hon. Henry F. Allen, Commissioners of Claims, composing the Board of Claims of the State of New York, this day of , 188 . . EDWIN M. HOLBROOK, Clerk. Attorney for Claimant. Blanks for subposnas in the Supreme Court, or of referees' subpoenas, altered where necessary, may be used to subpoena witnesses. Should the claimant or the State desire, upon application commia- to the board in like manner as in civil actions in the Lke'testi- Supreme Court, Commissions will be issued to take testimony ""'"^' of witnesses, either within or without the State, to be used before it. The procedure with reference to such commis- sions is that contained in the Code of Civil Procedure, and the forms used in the Supreme Court, applicable to like cases before the board. The fees of the commissioner before whom testimony is taken, if at the instance of the 54 Manual of Laws claimant, shall be paid by the claimant, and if at the instance of the State, shall be paid by the Attorney General. snbBtitn- In cases of substitution of attorney for claimant, written attorneye. notice of substitution must be filed with the clerk, and notice thereof served on the Attorney General. Peoobedings at Sessions of the Boaed. Proceed- Claims having been regularly noticed and placed on the helrin"* f"' Calendar, or placed thereon by order of the board, aiid the claims. session opened, motions will be first heard. The calendar will then be called in its order ; where, upon such call, the claimant fails to appear, the claim will be dismissed. Claims thus dismissed, may be restored to the calendar, upon motion, and giving reasons satisfactory to the board, excusing the default. If there should be no appearance on the part of the State, the claimant, nevertheless, must make Amend- proof of the allegations contained in his claim. The ment of t ,. i i ■ • i j ciaime, etc. board may, before the heanng, upon notice to the adverse party, or upon the hearing in furtherance of justice, amend any statement of claim, by adding or striking out the name of a person as a party, or by substituting the representatives or assignee of a party, or a mistake in any other respect, or by inserting an allegation material to the case, or where the amendment does not change substantially the claim, by con- forming the statement of the claim, or other proceeding to the facts proved, or make any other amendments in like manner as the Supreme Court can do of pleadings in civil actions, except such as might revive a claim already Board to barred by the statute of limitations. In every stage of the errors, etc. claim and proceedings, the board must disregard an errror or defect in the statement of the claim or other proceedings, which does not affect the substantial rights of the adverse Hearings party. Hearings of claims may be put over the session, upon consent, or upon application or motion, for good cause shown in like manner and for like reasons that civil actions are postponed in the Supreme Court, and hearing may be set down for a day certain or for a future session. Attachment Upon the hearing, should any witness fail to appear in ' obedience to a subpoena, on filing proof of due and legal service of a subpoena, and upon application to the board, an attachment will issue in like manner as in the Supreme pat over. Relating to Private Claims. 5f> Court ; the practice and forms used in the Supreme Court are applicable. Where, upon the call of the calendar, the Motioneto claimant and the State are ready for hearing, the Attorney claims. General may, in the nature of a summary demurrer, ' move to dismiss the claim, on the grounds : Ist. That the board has not jurisdiction to hear the claim. 2d. That the claim is barred by the statute of limitations. 3d. That the claim does not state facts sufficient to constitute a legal or equitable claim against the State. Should no such motion be made, or if made, decided in favor of the claimant, or the decision of the board thereon be reserved, the hearing of the claim will be proceeded with. The claimant should produce evi- Prodnction .,,..,,. of evidence. dence, in proof of every substantive allegation in his claim, in like manner as he would to prove the allegations of his complaint in a civil action iii the Supreme Court. After the claimant has put in his proofs and rested his case, the Attorney General may move to dismiss, in the nature of a motion for a nonsuit, or move to dismiss upon the grounds above stated, or he may elect to waive such proceedings and put in evidence on the part of the State. When the Attorney General shall have rested his case, the claimant may put in evidence in the nature of rebutting testimony. The rules of evidence now prevailing in the courts of record of this State, will be observed by the board and applied on all hearings. The proofs and testimony upon the hearing of a claim, are Minntesby taken down by the stenographer of the board, and a copy pher°^™ thereof is made by him and filed with the clerk. The foregoing practice as to hearings before the board ^oyg'^e^gi, applies to all claims heard by it, whether transferred from ^^^ the Canal Appraisers and State Board of Audit, or filed with the board. The evidence upon both sides being closed, and no motion Argament. in the nature of a demurrer or nonsuit being made, the claim may be submitted without argument, or upon oral argument then made, or upon briefs to be furnished within- a given period, or it may be reserved for argument for a future day. Twelve printed copies of briefs upon arguments reserved, should be delivered to the clerk. Counsel for the claimant and the State, may make, and file with the clerk, proposed findings of fact and of law, which they desire to be found by. the board, as is provided 56 Manual of Laws in the Code of Civil Procedure in the trial of civil actions. RehearingB. The board has power, in its discretion, and upon motion, to grant a rehearing before it in any claim, in like manner as new trials are granted in civil actions in the Supreme Court. In claims transferred from the Canal Appraisers, and in claims filed with this board of the character of which the Canal Appraisers formerly had jurisdiction, the board shall personally view the premises alleged to have been damaged, and the decision of this board upon snch claims, is made npon the information obtained by such view, as well as upon the evidence taken, if any. View of premises. etc. Orders and awards, where en- tered. Awards, what to contain. Service of orders and awards. Orders, Decisions and Awards. All orders made by the board dismissing a claim, or in the proceedings upon a claim, either interlocutory or final, are entered by the clerk in the order book in his office. A claim having been heard and submitted, and due deliberation being had thereon, the board delivers to the clei"k its decision, either with or without a written opinion therein. Tiie clerk thereupon draws, in the award book in his office, an award in such claim in accordance with such decision, setting fortii therein the findings of fact and conclusions of law thereon found by said board, or referring to findings of fact made and signed by the board and filed by the clerk, which award is then signed by the commissioners composing said board, or a majority of them, in case said claim was heard and decided by a majority of said board, or a member of said . board dissents frorn such decision. After a final order in a claim is entered in the order book, or an award is entered in the award book, and signed, a certified copy of said order or said award is made and served upon the claimant or his attorney, if he have one, if the same is in favor of the claimant,' or if in favor of the State, npon the Attorney General. If said order or award is in favor of claimant, he or his attorney, if he have one, should serve a copy thereof upon the Attorney General, with notice of its entry ; if in favor of the State, the Attorney General should s«rve a copy upon the claimant, or his attorney, if he have one, with notice of its entrj^ ; tlie foi-egoing service fixing the period Relating to Private Claims. 57 from which the time littiited for an appeal from said order or award commences to run. The above is the practice in the Supreme Court in the service of entry of judgment in a civil action. If no appeal is taken frojn such final order or RoUAied. award, the clerk attaches all the papers in said claim, with a copy of the testimony made and filed with him by the stenographer, and certified copies of all orders therein, to a certified copy of the final order or award, and files the same in his office ; these papers forming what is known in courts of record as a judgment-roll. In claims heard by the board, costs, witness fees, and dis- bursements, shall not be taxed, nor shall counsel or attorney fees be allowed by the board to any party. In claims for lands, streams or waters hereafter appropriated, if the award shall be less than two hundred dollars, reasonable allowance may be made therein for expenses of procuring abstract of title, etc., to be furnished the Comptroller. Appeals, Etc. The Legislature has enacted, that when the amount in con- Time when troversy before the Board of Claims exceeds five hundred dollars, either party feeling aggrieved by the final order or final award of said board, may appeal to the Court of Appeals. Witliin thirty days after the service, as hereinbe- fore mentioned, of the final order or award of the board in any claim, the party desiring to appeal to the Court of Appeals should cause to be drawn in writing, a notice of appeal, Notice of which shall state briefly the grounds upon which it is taken, wiiat to and which notice must be subscribed by the party or his attorney. Within said thirty days a copy of such notice of service of appeal must b9 served upon the clerk of the board and the appeal- Attorney General, if the appeal is taken by the claimant, and upon the clerk of the board and the claimant, or his attorney, if he have one, if the appeal is taken by the State, Service of the notice of appeal must be made in like manner as notices of appeal from the Supreme Court to the Court of Appeals. The party taking an appeal shall, at or before Maisingana the time of serving the notice thereof, unless said board, case on ATlDG&l or a commissioner thereof, shall extend the time, make and serve upon the Attorney General, or, if the appeal is taken by the State, upon the claimant, or the attorney appearing 58 Manual of Laws for him on the hearing before the board, a case containing so much of the evidence given before the board as may be necessary to present the questions raised by the notice of ment'to appeal. The respondent may propose amendments, and case. Q^g Qf (.jjg commissioners before whom the claim is heard Case to be shall Settle the same, and sign the case so settled. At the (igned and ' ° fl'^d- time of settlement of the case, the appellant may present requests in writing to find questions of fact and of law, set- ting forth the same as required by the rules of the Supreme Court. The case so settled must be filed with the clerk, and by him it is attached to the roll of the claim in his oflBce. Return to On requcst of the appellant, the clerk will furnish to him a Court of ^ , '^', , r^ p. i-iM Appeals, return on the appeal to tlie Uourt of Appeals in like man- ner as returns are made by the clerk of the Supreme Court upon appeals from that court to the Court of Appeals. Practice in The printing and service of the papers, etc., upon said Court of , ^ , , , n / ^ . , , „ Appeals, appeal are governed by the rules and practice of the Court of Appeals. The Court of Appeals shall hear said appeal. Upon the hearing of said appeal by the Court of Appeals, only such questions shall be considered by that court as are raised by the notice of appeal. On all questions not raised by such notice it will be presumed that sufficient evidence was given on the hearing to sustain the order or award. The practice upon the hearing of such appeal by the Court of Appeals shall conform, as near as may be, to the practice prevailing upon appeal from the courts of record of this State. The Court of Appeals, upon such appeal, may affirm, reverse or modify such award or order, or dismiss such appeal, or award a new hearing before said board, as justice may require. Practice in The party in whose favor the decision and iudgment of Board npon , „ \. . , , t , . remittitur the Court 01 Appeals, upon such appeal, may be given, upon Appeals. filing the remittitur of said court, and upon motion to the opposite party, shall obtain from the board an order making the judgment ot said court the award and judgment of said Final award board. If costs of appeal in the Court of Appeals are of Court awarded by that court to the successful party, such costs are to be taxed by the clerk of said board, upon like notice to the defeated party as is given for the taxation of costs in the Costs of Supreme Court. The clerk will, after such taxation of costs by him, enter in the award book in his office, a final award Relating to Psivate Claims. 59 in such claim, in accordance with the judgment of the Court of Appeals. Payment of Awaeds. If no appeal is taken from the final order or award of the if no ap- said board, as hereinbefore stated, such decision of the board or award . ' ' flnal. 18 final. Where a final order or award is made by said board upon the judgment of the Court of Appeals, upon an appeal from said board, it is final. When an award is made by said board in favor of a claim- Practice ant, and no appeal is taken, the lollowmg practice is pur- of awards, sued in obtaining payment thereof: If the claim is a general one, in disiiiiction from the class Practice in general of claims known as " Canal Claims," if the Legislature is in claims, session, and if not, when it convenes, the name of the claim- ant, the amount of the award made, and a brief of statement of the nature of the claim, and the date of the award, is cer- tified by the clerk of the board to the Ways and Means Com- mittee of the Assembly and the Fmance Committee of the Senate, for the purposes of an act appropriating money for its payment. If the claim is a canal claim, a like statement Practice in is certified by the clerk of the board to the Comptroller, the claims. Superintendent of Public Works, the Canal Committee of the Assembly and of the Senate, for the purposes of an act appropriating money for its payment. Upon the Legis- lature appropriating moneys for the payment of such award, the clerk of the board delivers to the Comptroller his certifi- cate, under seal, of the fact of such award being made by the board, whieli is filed in the Comptroller's office. Awards of the board are paid by the Comptroller, and such payments awards cannot be paid by him until a law authorizing its trailer, payment and making an appropriation therefor has been passed and approved by the Governor. In awards to claimants upon general claims, after a law How paid, authorizing its payment and making an appropriation there- for, and the filing with the Comptroller of the aforesaid certificate of the clerk of said board, and, upon the certi- fied copy of said award, such claimant, upon application to the Comptroller, will receive payment out of the general fund. In awards to claimants upon canal claims, after a law authorizing its payment and making an appropriation there- for, and the filing with the Comptroller of the aforesaid 60 Manual of Laws Payments in affirm- ance of awards npon appeal. Connter- claims by State to be veriflea, etc. On argn- ments of appeal be- fore Board. Service of notices. Stenogra- pher's fees for copy of testimony. certificate of the clerk of said board, and npon a certified copy of said award, the Superintendent of the Public Works draws his draft npon the Comptroller for the amount of such award in favor of said claimant payable from the Canal Fund. If, however, the award is for land permanently appropriated for the use of the State, before payment by the Comptroller the claimant must produce to him satisfactory evidence of claimant's title to said land, when so appropriated. In the payment of awards by the Comptroller, the foregoing prac- tice is subject to such regulations as may be in force in the Comptroller's office in relation thereto. Awards for general claims are paid from the General Fund.' Awards for canal claims are paid from the Canal Fund. It would be well for claimants, who have awards in their favor, not appealed from, to give the matter of appropriation for paying such awards some attention when the Legislature is in session, either personally or through their Member of Assembly or Senator from their respective districts. The foregoing practice governs, in claims where awards have been made by the board and have been appealed, and the Court of Appeals has affirmed the awards, and final awards, in accordance with the judgment of said court, have been made. Miscellaneous. Claims on the part of the State, to be used as counter- claims, must be verified by the Attorney General or his deputy, and are governed by the same rules as claims against the State. They must be filed before the hearing, or suf- ficient reason given for the omission. The practice upon the arguments of the appeals from the awards of tlie Canal Appraisers to the Canal Board, and transferred to this board, is like that of the General Term of the Supreme Court upon appeals heard by it. Any notice required to be served by the rules and prac- tice of this board, may be served by mail, directed to the claimant or his attorney at the post-office address indorsed upon the claim filed. When a copy of testimony taken upon the hearing of any claim before the board is furnished to or for the benefit of the claimant, the claimant shall pay to the stenographer thei'efor, at the rate of five cents per folio. Relating to Private Claims. 61 When copies of any claim, record, award or other papers cierk'a fees of the late Board of Canal Appraisers, now in the custody of papers, and care of the clerk of this board, are furnished by him to or for the benefit of the claimant, or any copies of orders, awards or other papers, including returns upon appeals (except copies of testimony), in proceedings before this board, on file in his ofiice, are furnished by him to or for the benefit of the claimant, said claimant shall pay to the clerk tlierefor at the rate of ten cents per folio for copies not requiring to be certified by him, fifteen cents per folio, for copies required to be certified, and one dollar for each certificate under seal. The time within which an act is required to be done, Time wUh- except time to file a claim or bring an appeal, may be act to be , , , done may extended by order of the board or a commissioner thereof, be ex- ■' tended. 62 Rules of the Board of Claims. Rules of the board of Claims. Adopted June 5, 1883, as Amended. Books in clerk's office. Clerk 10 keep ac- connti. Clerk to make chro- nological calendar, etc. Rule 1. The Clerk shall procure and keep suitable books, as follows : A " Claim Book," properly indexed, in which shall be entered the number of the claim, the name of the claim, ant — denoting the papers filed and. the orders made, and the proceedings had therein — and the date of the several proceedings. A ''Minute Book," in which shall be entered the daily proceedings of the Board. An "Award Book," in which shall be entered any award made by the Board. An " Order Book," in which shall be entered all orders made by the Board in claims pending before and heard by this Board. Such other books as may be necessary for the transaction of the business of the Board. The Clerk shall keep proper account books, in which shall be entered all moneys received by the Clerk for the use of said Board, and he shall enter therein in detail all disburse- ments made by him, and the time and object of disburse- ments, and to whom made. The Clerk and Stenographer shall, respectively, keep an account of all money received for copies of papers, stating for what papers, and the amount received for each paper, and from w^hom and when received. Rule 2. The Clerk shall forthwith make a Calendar, chronologically arranged, which shall contain : All claims transferred from the Canal Appraisers, the name of the claimant, the name of his attorney (if any), his oflBc6 and post-office address, the date of filing claim, a brief statement of the general nature of the claim, and the locatipq pf the claim. Rules of, the Board of Claims. 63 Like list of claims transferred from State Board of Audit. All claims that shall be filed with this Board. The Clerk shall make such further Calendars as may here- after be directed by the Board. The Clerk shall cause a suitable number of Calendars to be printed for the use of the Board, the Attorney General and the counsel for claimants. The office of the Clerk shall be kept open between the office hoare hours of 9 A. M. and 3 p. m., -on all days except Sundays and holidays. Rule 3. At any session of the Board any claim called in DismiBsai t , , of claims Its ordei", on the regular call of the Calendar, and at any fomon- *-* 3 J appearance adjourned session for the hearing of local claims, at which ofciaimant. claims aie specifically set down for hearing, any claim called in its order, and in which no appearance shall be made for claimant, may, in the discretion of the Board, be dismissed for want of prosecution. Rule 4. In case of substitution of attorney for claimant, snbstitu- •' ' tion of written notice of substitution shall be filed with the Clerk, a"»™eye. and notice thereof served on the Attorney General, and the Clerk shall make the necessary entry thereof. Rule 5. Every claimant shall file a written or printed ciaime. claim, which shall be entitled substantially: IN BOARD OF CLAIMS. caption. A. B., Claimant, against THE STATE OF NEW YORK. Shall state in a brief and concise manner the facts coiisti- oiaim, what to tuting the claim, the time when and the place where the contain, claim arose, and shall annex thereto, and as a part thereof, a Bill of Particulars, stating in detail each and every item claimed, and the amount of such item. If the claim is for lands permanently or temporarily appro- priated by the State, a specific description of the land, show- ing its location and amount of land. Every claim shall state tliat the claim has never before been presented to any department or officer of the State, or, if it has been, shall state when and to what depart nient or 64 Rules of tbe Board of Claims. Bill of paiN ticulars. Verification Clerk not to file. Claims on part of State. Copies of claims to b* filed. Copies of briefs. Motion to dismiss claims. officer, and with what results, and what action has been had thereon. Every claim shall state that said claim has not been assigned, or, if assigned, when and to whom, and shall state the name and residence of every person interested in the claim, and that no other person has any interest therein, or if other person has any interest therein, shall state specifically what interest. The claim and the Bill of Particulars shall be signed by the claimant or his attorney. The claim shall be verified in the same manner as plead- ings in the Supreme Court. Every claimant, or his attorney, signing claim, shall indorse thereon his office and post-office address. KuLE 6. No claim shall be filed by the Clerk unless veri- fied as required by these rules. Rule 7. Claims on the part of the fc.tate, to be used as counter-claims, shall be verified by the Attorney General, or by a deputy, and shall be governed by the same rules as to claims against the State, and shall be filed before the hearing, or sufficient reason given for such omission. Rule 8. The claimant shall, at the time of filing his claim, or within ten days thereafter, deliver to the Clerk twelve printed copies of his claim and Bill of Particulars, six of which shall be for the Commissioners, three for the Attorney General and three for the use of the Clerk. If the claim does not exceed $200, written copies may be furnished. In case of claims on the part of the State, the Attorney General shall file like number of printed copies, three copies of which shall be by the Clerk delivered to claimant or his attorney. Rule 9. In all claims reserved for argument, printed copies of brief shall be delivered to the Clerk. The Clerk shall distribute same as copies of claims are distributed. Rule 10. The Attorney General may, upon ten days' notice, move to dismiss a claim, on the ground that the facts stated in the claim do not constitute a legal or equitable claim against the State. Such notice shall state particularly the ground of the moticm, and point out specifically the alleged defects in tbe claim. Rules of the Boabd of Claims. 65 Any claimant, against whom a claim is filed as a counter- claim on tlie part of the State, may make like motion upon like notice to the Attorney General. Rule 11. The Board may, before the hearing, upon notice Amend- 1 , 1 , . . mentsby to the adverse party, or upon the hearing in furtherance of Boaid. justice, amend any statement of claim or defense, by adding or striking out the name of a person as a party, or a mistake in any other respect, or by inserting an allegation material to the case ; or where the amendment does not change sub- stantially the claim or defense by conforming the statement of claim or defense or other proceeding to the facts proved. And in every stage of the action the Board must disregard an error or defect in the statement of claim or defense or other proceedings, which does not aftisct the substantial rights of the adverse party. Rule 12. All claims and all papers exceeding two folios Papers to *^ ^ " be folioed. in length, furnislied this Board under these rules, shall be folioed. Rule 13. All motions shall be noticed for first day of Motions, session, or for such other days as shall be designated by the Board. Rule 14. When an appeal shall be taken from the award Findings ^'^ . . of fact, etc. of the Board, either party may present, at time of settlement of case, requests in writing to find quesiions of fact and of law, setting forth the same as required by rules of Supreme Court. Rule 15. Any notice required to be served by the rules service of or practice of this Board may be served by mail. If upon the claimant or his attorney, by directing same to him at the post-office address, indorsed upon claim filed. Rule 16. Claims may be brought to hearing at any session Notices for of the Board by either party, upon notice to the other, as **""^' prescribed by sections 977 and 980 of the Code of Civil Procedure. When the Board has appointed a session to be held at any place other than the city of Albany for the hearing of local claims, and has made an order designating the claims to be placed on the Calend9.r for bearing at that session, such 5 66 RVLBS OF TRE BOARD OF CLAIMS. claims shall be deemed to have been noticed by both parties. Time may RuLE 17. The time within which an act is required to be be ex- ^ ^ tended. doue, except to file claims or bring an appeal, may be extended by order of the Board or a Commissioner thereof. Supreme RuLB 18. The rules and practice of the Supreme Court, Court rales. ,. i t i . . so far as the same may be applicable, and not inconsistent with these rules, shall be deemed rules of this Board. Rule 19. These rules shall take effect immediately. INDEX. A. Amendments : p^^^. Amendments of claims, by Canal Appraisers 32 Amendments of claims, etc. , by Board of Claims 41, 54 Appkaisembnt of Damages — (Canal Claims) : Constitutional provisions ,9 Special appraisers, Laws of 1817 10 Laws ol 1830 11 Canal Appraisers, Laws of 1825 11 Canal Appraisers and special appraisers (Revised Statutes, 1st ed) 13 Canal Appraisers, Laws of 1839, chapter 48 18 Laws of 1839, chapter 368 19 Laws of 1830 21 Laws of 1836 .• 23 Lawsof 1849 , 35 Laws of 1855 26 Lawsof 1857 27 Laws of 1866 38 Laws of 1868 39 Laws of 1870 30 Laws of 1879 3i Laws of 1880 33 Board of Claims, Laws of 1883, as amended in 1884 35 Laws of 1884, chapter 304 43 Laws of 1884, chapter 339 44 Laws of 1884, chapter 336 , 45 General Claims : Constitutional provisions 9 State Board of Audit, Laws of 1876 34 Board of Claims, Laws of 1883, as amended in 1884 85 Laws of 1884, chapter 85 43 Laws of 1884, chapter 318 44 Laws of 1884, chapter 336 45 Laws of 1884, chapter 418 46 Appeals: From awards of Canal Appraisers to Canal Board 14, 19, 39 Power of Canal Board on appeals 30, 35, 38, 39 From awards of Canal Appraisers to Canal Board heard by Board of Claims, 44 Powers of Board of Claims upon such appeals 44 From final orders and awards of Board of Claims 40 Power of Court of Appeals upon such appeals, etc 40, 41 68 Index. B. MoABD OF Claims: pjiob. Act constituting, as amended 35 Commissioners, number, terms of ofl3ce, vafiancies, salary, etc 35 Commissioners to appoint clerk, etc 36 Commissi(mers and clerk to administer oaths, etc 37 Commissioners to establish rules, etc 87 Sessions of Board, when and where 38 Attorney General to represent the State, etc 38 Superintendent of Public Works to furnish Attorney General assistance . . 38 Records to be kept by Board and reports made to Legislature 39 Board to have seal, etc 39 Copies of record, certified by clerk, to be read in evidence 39 Jurisdiction of . 39, 41, 43, 43, 44, 45, 46, 47, 48 Awards, what to contain; how signed 39 Books to be kept of orders and awards 40 Appeals to Court oi Appeals from final orders and awards 40 Appeals, when to be taken 40 Appeals, what notices of, to contain 40 Appeals, notices of, to be served 40 Appeals, case to be made, ^served, settled and signed 41 Appeals, hearing before Court of Appeals, etc 41 Appeals, hearing of, transferred from Canal Board 44 Claims, transferred to, from Canal Appraisers and State Board of Audit. . . 41 Premises to be viewed 42 Testimony to be taken in vicinity of alleged damages 43 Rooms to be assigned in Capitol for sessions, etc 42 Contingent fund, to be appropriated 43 Costs, etc., not to be taxed or allowed 43 c. Canal Appraisers: Acts constituting 13, 32 Jurisdiction of 13, 14, 18, 31, 33, 25, 28, 30, 31 Proceedings by 18, 14, 15, 16, 18, 19, 20, 21, 22, 23, 25, 36, 27, 28, 30, 33 Amendment of claims by 32 Appeals from awards of 14, 19, 29 Abolished by Legislature 41 Claims transferred to Board of Claims 41 Canal Board: Appeals to, from awards of Canal Appraisers 19, 29 Power and duty upon such appeals 20, 25, 28, 29 Claims — (Board of Claims): How entitled 49 What to contain 50 Bill of particulars annexed to 50 How signed 50 Verification of - 50 To be folioed 50 To be written or printed 50 Index. 09 Claims— (Board of C\«Lms) — Omtinued. Pioi,, What deemed original claim 50 Within what time to be filed 39 Where claim to be filed 50 Entered upon claim book 50 Entered upon general calendar 50 Copies of claim to be filed 50 Copies of claim to be delivered Attorney Oeneral 51 No answer or other pleadings to, by the State 51 Motion to dismiss claim 51 Counter-claim by State, when made 51 Hearing of claims, when and where 38, 42, 51 Hearing of claims, how noticed, etc 52 Calendars of, for sessions, made, printed, etc 52 Proceedings upon hearings of 54 May be dismissed 54 When dismissed, how restored 54 Amendments of. 54 Practice and rules of evidence on hearings 55 Power of Board to order rehearings 56 Orders and awards on, how made, etc 39, 40, 56 No costs, etc.,to be allowed 42, 57 Appeals from final orders and awards 40, 41, 57, 58 Final awards on, when appealed, etc 58 Costs, etc., in, upon appeal , '. 58 Payments of awards on 59 Constitution : Provisions of, relating to private claims 9 D. Decisions: Pinal orders and awards (Board of Claims) 39, 40, 56 Appeals from 40, 41, 57, 58 J. Jurisdiction ; Of canal appraisers 18, 14, 18. 21, 23, 25, 28, 30 Of Board of Claims 39, 41, 42, 43, 44, 45, 46, 47, 48 Of State;;Board of Audit 34 Of Canal Board on appeal from canal appraisers 19, 20, 25, 28, 29 Constitutional provisions in reference to 9 o. Obders. (See Decisions.) Practice and Procedure — (Board of Claims) : PowersofBoard ^ 37, 49 Claims, within what time to be filed 39 Claims, caption of 49 Claims, what to contain 50 70 Index. Pkacticb and Procedure — (Board of Claims) — Oontinued . page. Bill of particulars to be annexed ; 50 To be signed and verified, etc 50 What deemed original claim 50 To be either printed or written 50 When to be filed 50 Copies to be filed 50 Claim to be entered, etc 50 Copies delivered to Attorney General ' 51 No answer to or other pleadings to, made by State 51 Sessions to hear claims, when and where 51 Board to view premises alleged to be damaged 52 Claims, how noticed and put on calendar 52 Calendars to be prepared, etc 52 Motions, when heard 52 Witnesses, how subpoenaed 52, 53 Commissions to examine witnesses 53 Notice of substitution of attorneys '. 54 Claims dismissed for non-appearance of claimant 54 Claims dismissed, how restored 54 Claimants to make proofs on default of appearanceJor State 54 Amendments of claims, etc 54 Hearings postponed 54 Witnesses, attachment for 54 Motions to dismiss claims, etc 55 Practice and evidence on hearing 55 ' Proofs, etc., taken by stenographer 55 Practice followed in all claims heard by Board of Claims 55 Arguments, when and how made 55 Parties to submit proposed findings, etc 55 Power of Board of Claims to order rehearlngs, etc 36 Orders, how entered 56 ji. wards, how entered, etc 56 Orders and awards, how served 56 What deemed service of orders, etc., to limit time to appeal 56, 57 Roll to be made and filed 57 Appeals from final orders and awards, when allowed 57 Time in which appeal may be taken 57 Notice of appeal, what to contain 57 Notice of appeal, how and on whom to be sei-ved. 57 Case on appeal to be served, etc 57, 58 Respondent may propose amendments 58 Appellant may present requests to find, etc 58 Case to be settled, signed and filed 58 Return upon appeal to be made by clerk 58 Practice upon appeals 58 Court of Appeals to hear . . 58 Court of Appeals may affirm, modify, reverse, etc 58 Proceedings of Board upon remittitur of Court of Appeals '. 58 Costs of appeal, when allowed, how taxed 58 Index. 71 Pbacticb and Procbdubb — (Board of Claims) — Oontinued. page. Final award on appeal to be made .- 58, 59 Procedure to obtain payment of awards 59, 60 Claims on part of State to be verified, etc 60 Practice on arguments of appeals to Canal Board heard by Board of Claims, 60 Notices in proceedings, h(iw served 60 Pees of stenographer 60 Fees of clerk 61 Time to do an act,, when can be extended 61 Pbbpace 5, 8 R. RxjLBS OF Board of Claims: Books to be kept by clerk 62 Clerk to keep account books .■ 63 Clerk and stenographer to keep account of fees received 63 Clerk to make chronological calendar 63 Clerk to make other calendars 63 Clerk to print and distribute calendars 63 Clerk's office, when open 63 Dismissal of claims for non-appearance of claimants 63 Notice of substitution of attorneys, to be filed, etc 63 Claims, to be entitled 63 Claims, what to contain , 63 Claims, bill of particulars to be attached 68 Claims, etc., to be signed and verified ■ 63, 64 Clerk not to file claim unless verified 64 Claims on part of State to be verified 64 Copies of claims to be filed 6* Copies of arguments to be filed 64 Attorney General may move to dismiss claims 64 Claimant may move to dismiss claim filed by State 65 Claims may be amended 65 Papers to be folioed 65 Motions, when to be noticed ' 65 Upon appeal requests to find, etc., may be presented 65 Notices, how served 65 Claims, how brought to hearing 65 Time to do an act, when can be extended 66 Rules and practice of Supreme Court, when applicable 66 s. Statutbs — Fob Appraisal of Canal Damages, Peocbdure, etc. Laws of 1817, chapter 363 10, 11 1830, chapter 303 11 1835, chapter 375 11, 13 Revised Statutes, first part, chapter 9, title 9, article 3 13, 14, 15, 16, 17 Laws of 1839, chapter 48 18 1839, chapter 368 19,30, 31 1830, chapter 356 31, 33 72 Index. Statutes — Fok Appkaibal of Canal Damages, Procedurk, etc. — Cont'd, pasb. Laws of 1836, chapter 406 32, 33, 34 1849, chapter 353 85, 36 J855, chapter 535 36, 37 1857, -chapter 538 37 1863, chapter 194 37 1866, chapter 836 28, 39 1868, chapter 579 i- 29 1870, chapter 331 30, 31 1879, chapter 152 31 1880, chapter 161 33 1888, as amended in 1884, chapter 205 35-42 1884, chapter 204 1 43 1884, chapter 339 44, 45 1884, chapter 336 45, 46 For Appraisal OF Damages — (General Claims): Laws of 1876. chapter 444. 34, 35 1883, as amended in 1884, chapter 305 35-42 1884, chapter 85 43, 43 1884, chapter 318 44 1884, chapter 418 46, 47 State Boabd of Audit: Act constituting. 34, 35 Jurisdiction of 34 Abolished by Legislature 41 Claims transferred to Board of Claims 41 T. Testimony before Board of Claims: Witnesses, etc. . ; 37, 53, 53, 54 Commissions to take 37, 38, 53, 53, 54 Kules of evidence, what are 41 V. Verification of Claims : Claims to be verified, etc 50, 64 Claims not to be filed unless verified 50, 64 W. Witnesses: How subpcBnaed, etc 37, 53, 53, 54 Commissions to talse testimony of 37, 38, 53, 53, 54 Attachment for 37, 54, 55