§40-60  Vouchers required; procedure if notobtainable.  The comptroller shall not recognize any claim of whatsoevernature unless an original warrant voucher is presented for the same.  Nowarrant shall be issued in payment for any claim except upon proper indorsementof the warrant voucher, notwithstanding any allegation of papers having beenlost or destroyed, or of the impossibility of obtaining the prescribed originalwarrant voucher, so that it could not reasonably be obtained, except onapplication to one of the justices of the supreme court at chambers, who, aftersummoning the comptroller, and other persons the justice may think fit, may,upon evidence satisfactory to the justice that the requisite papers have beenlost or destroyed, or that it is impossible or impracticable to procure them,prescribe a form of warrant voucher, which, bearing the approval of thejustice, shall then be received by the comptroller and filed as in this chapterprovided.  All substitute warrant vouchers shall be considered binding on theState and all other parties. [L 1898, c 39, §17; RL 1925, §1459; RL 1935, §585;RL 1945, §1589; RL 1955, §34-39; am L 1957, c 152, §1; HRS §40-60; am L 1975, c71, §5; gen ch 1985]

 

Case Notes

 

  Cited:  14 H. 393, 395; 38 H. 310, 326.