Section 63. If the administration of justice or the progress of business in criminal proceedings is delayed, obstructed or prevented by the negligence of a magistrate in certifying and returning recognizances, records or other official papers which it is his duty to transmit to a higher court, or in omitting the formalities required by law, the district attorney, with the approval of the court, may refuse to allow the fees, either in whole or in part, to which such magistrate would otherwise be entitled.