Farley v. City of Lockport

The charter provision as to submitting a verified claim in writing may be waived by the common coun*418cil, in so far as requiring the presentation of a claim before any investigation or action may be taken thereon.

The provision is mandatory upon a claimant, and has for one of its purposes the design of holding a claimant to an honest statement of his claim to be made under oath, subjecting him, therefore, to a charge of presenting a false claim.

A claimant could not proceed at law until such a claim ,was filed in accordance with the direction of the charter, but the common council may, for any…