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APPENDIX IV

Laws of 1915 re-establishing the Court of Claims

and amending the Code of Civil Procedure with respect thereto.

[401]

LAWS OF 1915

RE-ESTABLISHING

THE COURT OF CLAIMS

AND AMENDING

THE CODE OF CIVIL PROCEDURE

WITH RESPECT THERETO

CHAPTER 1

AN ACT to amend the code of civil procedure, in relation to

re-establishing the court of claims, authorizing the temporary appointment of not exceeding two additional judges to expedite the work of the court and defining the procedure and juris

diction of such court. Became a law January 28, 1915, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Sections two hundred and sixty-three, two hundred and sixty-four, two hundred and sixty-five, two hundred and sixtysix, two hundred and sixty-eight, two hundred and seventy-nine and two hundred and eighty of the code of civil procedure are hereby amended to read, respectively, as follows:

§ 263. Court of claims. The board of claims is hereby abolished and the court of claims re-established. Such court shall consist of three judges, to be known as judges of the court of claims, who shall be appointed by the governor, by and with the advice and consent of the senate. The judges first appointed shall be appointed for terms of three, six and nine years, respectively, from the first day of January of the calendar year in which such appointments shall be made. Thereafter the full term of office of each judge shall be nine years. Whenever the term of office of

Chap. 1 of the Laws of 1915

a judge shall expire, or his office become vacant from any cause, his successor shall be appointed for the unexpired term. Notwithstanding the provisions of section five of the public officers law, a judge of the court of claims shall hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified, but after the expiration of such term the office shall be deemed vacant for the purpose of choosing his sue cessor. By an order to be filed in the office of the secretary of state, the governor shall designate one of the judges as presiding judge, who shall act as such during his term, and thereafter upon the appointment of his successor, the governor shall designate such sụccessor or any other judge of the court as presiding judge, who shall act as such during his term. The office of commissioner of claims is hereby abolished, but the commissioners now in office shall continue to have the powers and duties of commissioners of claims until the appointment and qualification of judges of the court of claims, except that after this section as amended takes effect and until the appointment and qualification of judges of the court of claims they shall not hear, try or determine any claim, or entertain a motion or make an order affecting the substantial rights or* a party. During the period of three months, after the first appointment and qualification of judges hereunder, such commissioners shall have power to determine and dispose of questions, claims and matters which shall have been finally submitted to and heard by such board on or before January twenty-third, nine teen hundred and fifteen, in the same manner and with the same effect as if such board had not been abolished. Such commissioners shall for their services rendered during such period of three months receive compensation at the rate of five hundred dollars

per

month. A judge of the court of claims, appointed under the provisions of this section, as amended, must be an attorney and counselor-at-law admitted to practice in the courts of this state, of at least ten years' experience in practice

. A judge shall not during his term of office practice the profession of law. or act as referee in any action or proceeding in any court of this

So in original.

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