Section 4-410. Village justices; accounts, fees, and fines  


Latest version.
  • 1.  The village
      justice:
        a. shall not receive for his own benefit any fees, costs  or  expenses
      in any action or proceeding, but shall demand and receive the same fees,
      costs  and  expenses therein as are provided by law to be paid to a town
      justice in any civil matter and shall keep account thereof and of  fines
      collected by him;
        b.  shall pay all such costs, fees and expenses and all fines or other
      money so paid to him on any proceeding during any calendar month to  the
      state  comptroller  within  the  first  ten  days of the month following
      collection. Such money, except as otherwise provided by  law,  shall  be
      the property of the village of which such justice is an officer;
        c.  shall  report  the  fact that he has not received any costs, fees,
      expenses and fines during any month to the state comptroller within  the
      first ten days of the succeeding month.  Upon receipt of notice from the
      state  comptroller  that a justice has not properly reported or properly
      accounted for monies received by such justice, it shall be unlawful  for
      the  village to make any further payment of compensation to such justice
      until receipt of notice from the comptroller that  a  proper  accounting
      has been made;
        d. shall not receive or disburse any monies unless he shall furnish or
      receive  a  proper  receipt  therefor, or make a memorandum or record of
      such transaction, in such form and detail as the state comptroller shall
      prescribe.
        2. All the expenses of maintaining the village  court,  including  the
      fees  of  the  village  justice  if  he is not paid a salary, shall be a
      village charge. The fees allowable  to  villages  for  the  services  of
      magistrates  and  the  fees  allowable to other officers for services in
      criminal proceedings, for or on account of an offense which a  court  of
      special  sessions has not jurisdiction to try, shall be a county charge,
      if the magistrate had jurisdiction  of  the  proceedings  in  which  the
      services  were  rendered. A county shall pay any amount due to a village
      for the services of a village justice which are  a  county  charge  upon
      presentation  to it of a claim by the state comptroller for such charges
      each quarter.  If any fine legally payable to the state, shall have been
      erroneously paid to the village treasurer, the board  of  trustees  may,
      and  is hereby authorized to, appropriate in its next annual budget such
      sum as may be necessary to reimburse the state for such fine so paid.