Fees, fines, and costs.
Section 71
SEC. 71. Fees, fines, and costs.—Justices of the peace shall receive no salaries or allowances. A justice shall be entitled to a fee of three pesos for each action, civil or criminal, tried by him. But in cases of nonsuit or default the justice shall be entitled to but one-half of the fee herein provided. In civil actions, the fee shall be paid by the successful party, and taxed as a part of the cost against the defeated party. In criminal actions the fee shall be paid by the municipality, but shall be taxed as a part of the costs to be paid against the defendant if he be convicted and sentenced to pay the costs. All fines and costs imposed by a justice of the peace in criminal prosecutions and collected during any month shall be paid into the municipal treasury on the first day of the succeeding month. On that day, the justice shall present to the municipal treasurer a detailed statement of the lines and costs collected by him since the last previous report, and of the fees accruing to him from the municipal treasury during the same period by virtue of this section. His account shall be forthwith audited by the municipal president and treasurer, and he shall thereupon receive from the treasury the amount of his fees as allowed by these auditors. For the purpose of the auditing herein provided, the auditors shall examine the records of the justice and any other papers or persons deemed necessary. The justice shall in all cases execute a receipt in duplicate for all money paid to him for fees, fines, or costs, one copy of which he shall retain and the other shall be delivered to the person making the payment. The copies retained by him shall be produced before the auditors. If the auditors are of the opinion that needless prosecutions have been instituted for the purpose of enhancing fees, they shall report the facts to the Commission and request the removal of the justice so offending.