Section 2562. Presentation of claims against a board of education of a city having a population of four hundred thousand or more to be pleaded  


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  • 1.  No  action  or  special  proceeding,  for  any  cause whatever, shall be
      prosecuted or maintained against a board of education of a city having a
      population of four hundred thousand or more, unless it shall  appear  by
      and as an allegation in the complaint or necessary moving papers that at
      least  thirty  days  have elapsed since the demand, claim or claims upon
      which such action or special proceeding is founded were presented to the
      said board of education for adjustment, and that  the  officer  or  body
      having the power to adjust or pay said claim has neglected or refused to
      make  an  adjustment  or  payment  thereof  for  thirty  days after such
      presentment.
        2. The said board of education may require any person  presenting  for
      settlement  an  account or claim for any cause whatever against it to be
      sworn before it or a committee thereof, or before the claims auditor, or
      before any person designated by said board,  touching  such  account  or
      claim,  and  when so sworn, to answer orally as to any facts relative to
      the justness of such account or claim. A member of the board, the claims
      auditor, or any other person designated as  hereinbefore  stated,  shall
      have  the  power  to  administer  an  oath  to any person who shall give
      testimony to the justness of such account or claim, and for the  purpose
      of  securing  such  testimony  may issue subpoenas for the attendance of
      witnesses. Wilful false swearing before the said board of  education,  a
      committee  thereof,  the claims auditor, or before any person designated
      as hereinbefore stated, is perjury and punishable as such.