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Chap. 100 of the Laws of 1915

CHAPTER 100

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

court of claims and the judges thereof. Became a law March 19, 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-eight and two hundred and eighty of the code of civil procedure, are hereby amended to read, respectively, as follows:

$ 268. Sessions; duty of sheriff. The court shall hold at least eight sessions each year, and unless otherwise ordered by the court shall be held as follows: On the fourth Monday of January at the city of Albany; on the third Monday of February at the city of Syracuse; on the fourth Monday of March at the city of Ctica; on the fourth Monday of April at the city of Albany; on the fourth Monday of May at the city of Rochester; on the third Monday of June at the city of Buffalo; on the fourth Monday of September at the city of Albany; on the fourth Monday of November at the city of Albany, and it may also hold adjourned or special sessions at such other times and places in the state as it may determine. It may also hold a session and take testimony where the claimant resides or where the claim is alleged to have arisen, or in the vicinity, and may view any premises affected by the proceedings, and in case of any appropriation of land by the state, the value of which shall exceed five hundred dollars, it shall be the duty of the court, or the judge or judges hearing the claim, to view the premises affected by the appropriation. The sheriff of any county, except Albany, shall furnish for the use of the court suitable rooms in the court house of his county for any session ordered to be held thereat and shall if required attend said session. His fees for attendance shall be paid out of the contingent fund of the court at the same rate as for attending a term of the supreme court in that county.

Chap. 100 of the Laws of 1915

A session of the court may be conducted and testimony and proof taken and arguments heard thereat, by one or more judges to be designated by the presiding judge; but no determination or judgment of the court shall be rendered except upon the concurrence of at least two of the judges of the court. Not more than three judges shall sit in any case.

Adjourned or special sessions of the board of claims heretofore designated to be hereafter held, shall be held as sessions of the court of claims unless such court shall cancel such designations.

§ 280. Salaries of officers of court of clairs. Each officer of the court of claims shall receive an annual salary, payable monthly, and other compensation as follows:

1. The clerk, three thousand dollars.

2. The court stenographers, who shall also be deputy clerks, two thousand five hundred dollars and five cents a folio for copies of minutes and testimony furnished at the request of the claimant.

3. The attendant, including his services as messenger, twelve hundred dollars.

4. The clerk, court stenographers and attendant shall be paid their actual expenses while in the discharge of their respective duties, elsewhere than in the city of Albany, to be audited by the court and paid from the contingent fund. No charge shall be made against the state by the clerk or the stenographers for copies of minutes, testimony or papers, furnished to the attorney-general or to the court or filed in the office of the clerk.

§ 2. The provisions of section two hundred and sixty-three of the code of civil procedure, as amended by chapter one of the laws of nineteen hundred and fifteen, in relation to the qualification of judges of the court of claims, shall not prevent a judge of such court from serving as a member of a constitutional convention and receiving the salary or compensation attached to such office.

$ 3. This act shall take effect immediately.

INDEX

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