L. 1854, Chap. 197 – An act to designate a state paper.
[Repealed by L. 1884, ch. 133, § 5, which follows next.]

L. 1884, Chap. 133- An act in relation to the publication of legal and other notices and advertisements, and in relation to the state paper. Advertisements in the state paper continued. SECTION 1. All legal and other notices and advertisements, hereinafter referred to, the publication whereof has been commenced in the state paper before this act, except section six, shall take effect, may be continued in the said state paper and shall be as valid as if this act had not been passed. But all such future legal and other notices and advertisements shall be published as herein provided.

Where advertisements to be published. § 2. Any and all notices and advertisements in any and all suits, actions, and special proceedings in any court, or before any judge of any court, of this state, now required or allowed to be published in the state paper, shall hereafter be published in such newspaper published in the county wherein the place of trial is designated, or wherein the papers in such special proceedings are required to be, or are, filed as shall be designated by such court or judge.

The same. § 3. All other notices or advertisements now required or allowed to be published in the state paper shall be published in a newspaper to be designated by the officer or officers, person or persons allowed or required to so publish, or a majority of them, in the county wherein such officers or persons, or any of them, shall have a principal place of business fixed by law; and if none such be so fixed, then in the county wherein they, or either of them, shall reside or have a place of business. If all be non-residents of the state, and have no place of business therein, then in any newspaper published in this state.

The same. § 4. If there be no newspaper published in the county wherein any such notice or. advertisement is required or allowed to be published, or not a sufficient number for the requisite publications thereof, or the newspapers therein decline or refuse to publish the same at the rates allowed by law, the publication thereof may be made in such newspaper published elsewhere as may be designated by the court, judge, officer or person mentioned in sections two and three.

When act providing for state paper to be repealed. § 5. From and after the expiration of the contract with the publisher or publishers of the state paper, which was in force January first, eighteen hundred and eighty-four, the act entitled "An act to designate a state paper," passed April eleventh, eighteen hundred and fiftyfour, and all other acts providing for the designation, appointment, creation or contracting with or for a state paper shall be and are repealed. Such repeal shall not revive any former act, or acts, law, or part thereof.

No new contract to be made. § 6. No contract with the publisher or publishers of any newspaper shall hereafter be made under the act entitled "An act to designate a state paper," passed April eleventh, eighteen hundred and fifty-four, or any other act or law now in existence, nor shall any state paper hereafter, or after January first, eighteen hundred and eighty-four, be appointed, designated, created or contracted for thereunder.

Proof of publication. § 7. Proof by affidavit of the publishers, printers, or foreman, or one of them, of the publication in the newspaper in which such notices and advertisements shall be published shall, within ten days after the last publication, be made and tendered to the attorney or attorneys, or other persons or person ordering, directing or interested in such publication; but delivery thereof shall not be compulsory in the case of private persons until payment of the charges for publication.

Inconsistent acts repealed. § 8. All acts and parts of acts inconsistent herewith are hereby repealed. Such repeal shall not revive any former act, or acts, law, or part thereof.

When this act takes effect. § 9. This act shall take effect at the expiration of the contract with and for the state paper in force January first, eighteen hundred and eighty-four, except section six, which shall take effect immediately.

L. 1885, Chap. 262 – An act to provide for the designation of a newspaper in the city of Albany for the publication of certain public notices. Officers named to designate paper to publish terms of court, etc; rates. SECTION 1. The secretary of state, comptroller and treasurer shall, on or before the first day of January in each year, designate a daily newspaper, published in the city of Albany, in which shall hereafter be published during the year following such designation, all appointments of special terms, circuit courts, courts of oyer and terminer, general terms of the supreme court hereafter made, and the rules of practice hereafter adopted from time to time by the justices of the supreme court and the court of appeals; such publication to be made promptly after the announcement and adoption thereof; also promptly after their enactment the various laws of the state as filed in the office of the secretary of state; also all notices and advertisements required to be published in a newspaper by the attorney-general; also all notices and advertisements required to be published in a newspaper by the superintendent ⚫ of the insurance department, and by the superintendent of the banking department; also all notices and advertisements required by law to be published in a newspaper in actions against foreign corporations. And the rates for such publications shall not exceed the legal rates now provided by law.

19 N. Y., 224.

Publication to be additional. § 2. Such notices and advertisements are not to be substituted for those now required to be published in other newspapers, but additional thereto.

[Supplementary Title.]

TITLE 8.

Of the Board of Claims; and its Powers and Duties.

[Those provisions of the former statutes, relating to the canal appraisers, which appeared to the editor to be applicable to the board of claims, have been retained in ch. IX, tit. 9, art. 3, post, and the statutes, passed since the R. S., appended thereto. It was deemed impracticable, without great inconvenience and a violation of the plan of this work, to transfer them to this supplementary title.]

L, 1883, Chap. 205 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.

Board of claims created; commissioners of claims, appointment of; term of office; compensation. SECTION 1. The governor, by and with the advice and consent of the senate, shall appoint three persons commissioners of claims who shall be citizens of this state, and of whom two, but not more, shall be practicing attorneys and counsellors of the supreme court; they shall constitute a board of claims. Said commissioners to be first appointed shall be appointed for the term of two, four and six years, respectively, from the first day of January next ensuing their appointment, and until their successors shall be appointed and have qualified, 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; the commissioner having the shortest time to serve and who is a counsellor 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 no 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 session of the senate. The governor may remove any commissioner 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 commissioners shall take and subscribe the oath of office 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 qualifications as the commissioner whose place such person is appointed to fill.

Clerk; stenographer; marshal; appointment, duties, salaries, etc. § 2. The board of commissioners shall appoint, and at pleasure may remove, a clerk, a stenographer, and a marshal who shall also act as and perform all the duties of 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 secretary of state; they shall perform their duties under the direction of the board. The clerk, under the direction of 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 office, he shall make and file in the office of the comptroller a bond for the faithful performance of his duties, in an amount and with sufficient sureties to be approved by the board, which approval shall be endorsed 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 stenographer shall receive an annual salary of fifteen hundred dollars, 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 for 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 clerk a copy of the minutes and testimony taken in each claim heard by the board. The marshal shall receive for his services as such, and including his services and duties as messenger, the annual salary of eight hundred dollars; and the clerk, stenographer and marshal 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. [Thus amended by L. 1888, ch. 365, superseding L. 1884, ch. 60.]1

Powers to administer oaths, regulate proceedings, take testimony, etc.; contempt; subpœnas; commissions; process generally; contingent fund; report thereon. § 3. Each of said commissioners and the clerk of said board shall have the power to administer oaths, and said board shall have authority to establish rules for its government; and the forms and methods of procedure before it; and in its discretion, and in furtherance of justice, to allow amendments to claims, and the filing of amended and supplemental claims, in like manner as amendments in pleadings and amended and supplemental pleadings are allowed to be made and filed in the supreme court; in its discretion, and upon sufficient cause shown, and in furtherance of justice, to open the hearing of claims and permit further proofs and testimony to be given therein; and to direct the rehearing of claims heard before it; to issue and direct the issue of 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 order and hold such special sessions at such times and places in the state as it may determine; to issue to the marshal of said board any process of said board in proceedings to compel obedience to subpoenas by attachment, and to punish for contempt; and said marshal shall execute all such process and have and possess all the power and authority in relation hereto now possessed by the sheriffs of the respective counties of this state in respect to process in proceedings to compel obedience to subpoenas and to punish for contempt issued by or from the supreme court, or any justice thereof; to issue commissions to take testimony within or without the 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 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, together with all expense incurred by the attorney-general in his official capacity therein, and in the performance by him of any of the duties required to be performed by him by chapter two hundred and five of the laws of eighteen hundred and eighty-three and any amendments thereof, shall be paid by said board out of the contingent fund of said board annually appropriated for its use. Said board shall allow and pay out of its contingent fund for services rendered and performed in the preservation, care, custody, examination and search of the records documents, papers and maps of the late board of canal appraisers from the time of the abolishment of the office of canal appraiser until said records, documents, papers and maps were by law deposited in and made a part of the records of the office of the clerk of the said board of claims. 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 of his disbursements made under the direction of the board, of its contingent fund, for the preceding year. [Thus amended by L. 1888, ch. 365.] Sessions; duty of sheriff. § 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 hold adjourned sessions at such other times and places in the state as the board may determine

1 See L. 1884, ch. 334, post, p. 542.

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 said 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. [Thus amended by L. 1884, ch. 60.]

Duty of attorney-general and superintendent of public works. § 5. The attorney-general, in person or by deputy, shall attend each session of said board on behalf of the state; 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 superintend the taking of testimony in the manner prescribed by said board; and generally shall render such services as may be necessary to further the interest of the state in all cases before said board, and in the court of appeals, on appeal from the final order and awards of said board. It shall not be necessary for the attorneygeneral, on the part of the state, to file with the board answers or other pleadings to claims, filed (except where a claim in favor of the state exists against a claimant or claimants in the nature of a counter-claim) but all allegations contained in said claims shall be deemed denied on the part of the state; in claims in which a special defense or defenses thereto is or are deemed, by the attorney-general, to exist on the part of the state, he may file an answer setting forth the nature of such defense. In all cases of claims before said board of which the canal appraisers have heretofore had jurisdiction, the superintendent of public works, on request from the attorney-general, shall furnish him such assistance as he may require to subpoena witnesses and prepare the cases for trial on the part of the state. [Thus amended by L. 1888, ch. 365.]

Record of proceedings; seal; evidence. § 6. Said board shall keep a record of its proceedings, and at the commencement of each session of the legislature, and at such 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 conform as to the device thereon, and the size thereof, to the requirements, contained in the 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 paper certified by the clerk of said board, under the seal of said board, shall be entitled, to be read in evidence, in any 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 procured for said board by its clerk, and kept in the office of said clerk. [Thus amended by L. 1884, ch. 60.]

Jurisdiction. §7. Said board shall have jurisdiction to hear, audit and 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 statue, 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 that 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. [Thus amended by L. 1884, ch. 60.]

26 Hun, 581; 96 N. Y., 71; 99 N. Y., 101, 491; 105 N. Y., 229.

1 By L. 1876, ch. 444, § 2, as amended by L. 1881, ch. 211, the state board of audit had power" to hear all private claims and accounts against the state, except such as are now heard by the canal appraisers, according to law."