78 
Roosevelt Wild Life Bulletin 
the state, after making an efifort so to do which said commission 
shall deem to be reasonable and proper, service may be made by 
filing said notice and papers in the office of the county clerk of the 
county wherein the property so appropriated is situated and by 
causing such notice and papers to be recorded in the books used 
for recording deeds in the office of said clerk. On the filing of said 
notice and papers with said clerk, it shall be the duty of said clerk 
to record same in the books used for recording deeds in the office 
of said clerk and to index the name of the person or persons to 
whom said notice is directed as a grantor in an index book to be 
kept by said clerk. 
In case such service is made by filing said notice and papers in 
the office of the county clerk, any person so served may at any time 
thereafter file a claim with the court of claims, against the state, 
notwithstanding the two year limitation provided by this article or 
bv article one, title three of chapter three of the code of civil pro- 
cedure, excepting that if the person so served shall be brought in and 
made a party to any claim or proceeding pending in the court of 
claims or before a referee having jurisdiction to hear, try or deter- 
mine a pending claim, such person so brought in and made a partv 
shall not thereafter file a claim against the state on account of such 
a])pr()priation, in addition to or in substitution for the claim to which 
he has been made a ])arty, unless he shall file such additional or 
substituted claim within three months from the time he is so brought 
in and made a party. 
5. Description and certificates to be recorded. If service be 
personal, the said commission shall thereupon cause a copy of such 
notice and papers, together with an affidavit of due service thereof 
on such owner or owners, to be filed and recorded in the same man- 
ner as provided in subdivision four, and it shall lie the duty of said 
clerk to record and index same as provided in subdivision four in 
case service is other than personal ; and the record of such notice, and 
of such proof of personal service, shall be presumptive evidence of 
due service thereof. 
6. Adjustment of claims by agreement. Claims for the value of 
the property appropriated, and for legal damages caused by any 
.such appropriation, may be adjusted by the commission, if the 
amount thereof can be agreed upon with the owner or owners thereof. 
Upon making any such adjustment and agreement the commission 
shall deliver to the comptroller a certificate stating the amount 
due to said owner on account of such appropriation of his land or 
other property, and the amount so fixed shall be paid by the treas- 
urer upon the warrant of the comptroller. 
7. Court of claims, jurisdiction of. If the commission and the 
owner or owners of the property so appropriated fail to agree upon 
the value of such property, or upon the amount of legal damages 
resulting from such appropriation, within one year after the serv- 
ice of the notice and papers provided for in section sixty-eight 
