Year: 1876

COURT OF CANAL CLAIMS.


MR.. FAULKNEE's BILL TO REvoLUroHIzE TIE CANAL


APPRAISERS sYsIEM-TTs RADICAL PROVISIONS.
lFRoM rHE REaULAR CORRESPONDENT oF THE rnIsuKE.I


ALBANY, March 3.-In the Assembly to-day,
Mr. Faulkner introduced bill 20 abolish the ONCE Of
Canal Appraiser. which said TO have been drawn By
Mr. Peckham. Of council The following Is a summaryi


II provides for court to be called the NewYork
Court OF Claims to consist Of Chief and two Associate
Justices who shall each he appointed by the Governor
by and with the advice and Of the Senate and
serve ten Their salary ia 10 be $4,000 that Of the
clerk S2,5OOand Of the deputy 81 800 All Jurisdiction
which has heretofore been exercised by the Board Of
Canal Appraisers In regard 10 claims against tho
State nnder any general law Is vested In the
court, which shall also have jurisdiction 10 hear
and determine all claims founded upOn any law
Of the State upon any contract, express i'm
piled, with the state, and also all claims which
be referred TO the court by the Legislature either
House thereof II shall also have Jurisdiction hear
and determine all claims against the State arising from


injuries 10 the property Of the citizen and ell setoGs.
counter claims, claims for damages whether nqudated
not other demands the part Of the state against
any person making any claim against the state. The
petition 10 be ed by the claimant shall state the names
Of all the persons interested IN tho claim at the time %


filing IT, The Attorney eyGeneral shall appoint assist
ant, who shall be known the Assistant Attorney
General for the Court Of Claims. and VINO shah





General and shall receive the compensation the
Deputy Attorney General His especial duty shall be tho
defense OF the State h all matters and before said
Court OF Claims. Immediately upon the passage Of the
act and the appointment Of the Judges, the Canal APP
praisers shall transfer all the official papers aud records
connected with tho Office the custody Of the Judges.
who shall place their clerk In charge OF thcm and all
whicn the Canal Appraisers have heretfore
had Jurisdiction and which may be pending aud unde
ernined before them the time Of the passage Of the
act The Court shall have jurisdiction 10 hear any
claim the petition In which shall no. have been
duly filed in tho clerks orice within
TX years from the time when the claim
IN all Of claims In which il has heretofore
been the duty Of the Canal Appraisers 10 view the
premises which the claimant alleges that he has
talned damage, 1t shall be equally the duty OF the oou
hereby created, a majority thereof. 10 view such
premises. In when Is necessary, judge
who fails 20 view the premises shall take any part


Tho bill further provides that for the purpose Of ariv
ing at speedy trial OF the possible the oour
susl divide the State into districts. many they
think proper and 20 he called claim districts The court
shall then assign certain times during the year for
sion n each ono Of the districts, and AZ these
sions only those cases shall be heard which arose
within the district one session, at fall events, shall Do
held in each year In each district but shan
be- heard where due proof T. gwen Of service Of
notice of trial on the Attorney General The claimant
may agree further hearing Albany after the view,
provided the court shall allow the The Attorney
General Il authorized at his discretion 20 employ
trustworthy person. who shall visit the prcmscs and the
neighborhO0d thereof 20 obtain such Information
might tend 10 benefit the State upon the r1a OF tho
caim In no case shall the court award interest upon
auy claim mp to the time OF the final determi-
nation Of the same, unless upon contract en-
pressy stilulatng for the payment Of interest The nd
ing the court shall be made IN the manner a. the
decision of judge IN ordinary action upon trial be-
fore him without jury. Tue court may vaoate s de-
termination within year roof of such facts a.
would authorize OF law TO set aside Judgment
or whenever the court shall be satisfied that fraud has
been prrpetrated ny the claimant any IN hs be-
half In such cases, when the claim shall have been
paid the amount may be recovered by the Attorney
General During 90 days after the ng Of the final 10
terminate o an appeal may be taken % the Court Of APP
peals From the Of the Ming Of the judgment Of
the court In its clerks Office interest at per cent shah
commence to run thereon until s payment unless an
appeal shall have been taken


The bill also provides that Judgment by default
against the State shall be allowed and the claimant
must IN all Instances prove hs 10 the satisfaction
of the court and In accordance with law. The STATE
uerd ntcrpoSe any pleading unlrss counterolain,
setof. or claim Tor damages shall he made The COM
mon law rules OF evidence shall be adhered 10 upon the
trial Of all claims far applicable. aud as such rules
may have beeu and may be changed by the legislature
From and after the passage OF this act the Office Of Canal
Appraiser shall cease exist Tre court k defined 10 oe
a court OF law within the meaning Of Article H. TILE
Four Chapter t. Part ~ Of the Revised Statutes and 70
to DO pro, lded with quarters in the Capitol.