4-410 Village justices; accounts, fees, and fines. 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.
Last modified: February 3, 2019