N.Y. Village Law § 4-410: Village justices; accounts, fees, and fines

§ 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.