reglab/housing_qa huggingface dataset:
NE Code § 23-1702 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1702 - Violations; penalty.

23-1702.  Violations; penalty.The disobedience by the sheriff of the command of any such process is a contempt of the court from which it was issued, and may be punished by the same accordingly, and he is further liable to the action of any person injured thereby.Source   Laws 1879, § 117, p. 385;   R.S.1913, § 5654;   C.S.1922, § 4981;   C.S.1929, § 26-1402;   R.S.1943, § 23-1702. Annotations  Officer is liable in damages for failure to make return to execution. Ehlers v. Gallagher, 147 Neb. 97, 2 N.W.2d 396 (1946). Court will mandamus sheriff to make arrest when proper warrant from another county is placed in his hands and he refuses to act. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939). Sheriff is not liable for negligence in levy of writ where plaintiff or his attorney contributed to negligence. Parrott v. McDonald, 72 Neb. 97, 100 N.W. 132 (1904).
NE Code § 23-1703 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1703 - Jailer; duty of sheriff; certain counties.

23-1703.  Jailer; duty of sheriff; certain counties.Except in counties where a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, the sheriff shall have charge and custody of the jail, and the prisoners of the same, and is required to receive those lawfully committed and to keep them himself or herself, or by his or her deputy jailer, until discharged by law.Source   Laws 1879, § 118, p. 385;   R.S.1913, § 5655;   C.S.1922, § 4982;   C.S.1929, § 26-1403;   R.S.1943, § 23-1703;   Laws 1979, LB 396, § 1;   Laws 1984, LB 394, § 1.  Annotations  Jury was properly instructed as to the duties of the sheriff as jailer under this section. O'Dell v. Goodsell, 152 Neb. 290, 41 N.W.2d 123 (1950). It is duty of sheriff to receive and keep until discharged all prisoners lawfully committed to county jail. O'Dell v. Goodsell, 149 Neb. 261, 30 N.W.2d 906 (1948). Sheriff has charge of county jail and is the custodian thereof. Flint v. Mitchell, 148 Neb. 244, 26 N.W.2d 816 (1947). Judgment in criminal action, imposing jail sentence and fine and remanding defendant to custody of sheriff to carry out sentence and judgment, is equivalent to judgment requiring defendant to be confined to jail until the fine is paid. State ex rel. Marasco v. Mundell, 127 Neb. 673, 256 N.W. 519 (1934). Sheriff must keep prisoners who are sentenced for violating city ordinances, but he collects from county, not city. Douglas County v. Coburn, 34 Neb. 351, 51 N.W. 965 (1892).
NE Code § 23-1704 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1704 - Assistants; power to summon.

23-1704.  Assistants; power to summon.The sheriff and his deputies are conservators of the peace, and to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law, they may call any person to their aid; and, when necessary, the sheriff may summon the power of the county.Source   Laws 1879, § 119, p. 385;   R.S.1913, § 5656;   C.S.1922, § 4983;   C.S.1929, § 26-1404;   R.S.1943, § 23-1704. Annotations  City police officers may not make warrantless misdemeanor arrests outside their jurisdiction. State v. Tingle, 239 Neb. 558, 477 N.W.2d 544 (1991). A sheriff has the power to summon to his assistance in the arrest of felons police officers of the cities of the second class under this section. Henning v. City of Hebron, 186 Neb. 381, 183 N.W.2d 756 (1971). Sheriff has authority to call a private citizen into service to help capture prisoner. Anderson v. Bituminous Casualty Co., 155 Neb. 590, 52 N.W.2d 814 (1952). Persons summoned as posse are not strictly deputies and sheriff is not liable to them for compensation, if entitled to any. Power v. Douglas County, 75 Neb. 734, 106 N.W. 782 (1906). Duties of sheriff as conservator of peace are applicable to chief of police in metropolitan city. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904), 115 Am. S.R. 605 (1904). This section authorizes a deputy sheriff to summon a State Patrol trooper and a city police officer to assist in arresting a suspected intoxicated driver. Once summoned, those persons become de facto deputies. State v. Rodgers, 2 Neb. App. 360, 509 N.W.2d 668 (1993).
NE Code § 23-1704.01 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1704.01 - Sheriff; deputies; appointment; oath; duties.

23-1704.01.  Sheriff; deputies; appointment; oath; duties.The sheriff may appoint such number of deputies as he or she sees fit for whose acts he or she will be responsible. The sheriff may not appoint the county treasurer, clerk, register of deeds, or surveyor as deputy.The appointment shall be in writing and revocable in writing by the sheriff. Both the appointment and revocation shall be filed and kept in the office of the county clerk.The deputy shall take the same oath as the sheriff which shall be endorsed upon and filed with the certificate of appointment. The sheriff may require a bond of the deputy.In the absence or disability of the sheriff, the deputy shall perform the duties of the sheriff pertaining to the office, but when the sheriff is required to act in conjunction with or in place of another officer, the deputy cannot act in the sheriff's place. No deputy shall act as constable while deputy sheriff.Source   R.S.1866, c. 15, § 4, p. 127;   R.S.1913, § 5738;   C.S.1922, § 5067;   Laws 1923, c. 43, § 1, p. 158;   C.S.1929, § 84-804;   R.S.1943, (1981), § 84-804;   Laws 1990, LB 821, § 7.  Annotations  Deputy sheriff, acting as jailer is public officer, and county board cannot contract with him for different compensation than fixed by law. Scott v. Scotts Bluff County, 106 Neb. 355, 183 N.W. 573 (1921). County board must fix number and compensation of sheriff's deputies, under act requiring board to furnish sheriff with such deputies as they deem necessary, but sheriff has power to appoint. State ex rel. Rohrs v. Harris, 100 Neb. 745, 161 N.W. 253 (1917). When office of sheriff was a fee office, a deputy sheriff was required to look to fees for his salary. Power v. Douglas County, 75 Neb. 734, 106 N.W. 782 (1906).
NE Code § 23-1704.02 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1704.02 - Sheriff; appoint employee.

23-1704.02.  Sheriff; appoint employee.Except when otherwise provided specifically by law for substitute service by a deputy, a sheriff may appoint an employee of his or her department to serve any summons or writ, by endorsement thereon substantially as follows: "I hereby appoint ........ to serve the within writ;" which shall be dated and signed by the sheriff.Source   Laws 1879, § 125, p. 386;   R.S.1913, § 5739;   C.S.1922, § 5068;   C.S.1929, § 84-805;   R.S.1943, (1981), § 84-805;   Laws 1987, LB 223, § 2.  Annotations  Authority is conferred upon a sheriff to depute a person to serve any summons. Forbes v. Bringe, 32 Neb. 757, 49 N.W. 720 (1891). Constables cannot appoint deputies. Gilbert and Artist v. Brown & Brother, 9 Neb. 90, 2 N.W. 376 (1879).
NE Code § 23-1704.03 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1704.03 - Sheriff; employee; false return of writ; penalty.

23-1704.03.  Sheriff; employee; false return of writ; penalty.The employee referred to in section 23-1704.02 shall make return of the time and manner of serving such writ under his or her oath. For making a false return he or she shall be guilty of perjury and shall be punished accordingly.Source   Laws 1879, § 126, p. 386;   R.S.1913, § 5740;   C.S.1922, § 5069;   C.S.1929, § 84-806;   R.S.1943, (1981), § 84-806;   Laws 1987, LB 223, § 3.
NE Code § 23-1704.04 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1704.04 - Sheriff; deputies; compensation.

23-1704.04.  Sheriff; deputies; compensation.The county board shall furnish the sheriff with such deputies as it shall deem necessary and fix the compensation of such deputies who shall be paid by warrant drawn on the general fund.Source   Laws 1907, c. 54, § 2, p. 228;   Laws 1911, c. 50, § 1, p. 233;   R.S.1913, § 2443;   Laws 1917, c. 44, § 1, p. 124;   Laws 1919, c. 81, § 1, p. 203;   Laws 1921, c. 114, § 1, p. 396;   C.S.1922, § 2383;   Laws 1923, c. 83, § 1, p. 224;   Laws 1927, c. 121, § 1, p. 334;   C.S.1929, § 32-122;   Laws 1943, c. 90, § 20, p. 306;   R.S.1943, (1988), § 33-118;   Laws 1990, LB 821, § 8.  Annotations  County board is given the right to determine number of deputies a sheriff may employ. Grace v. County of Douglas, 178 Neb. 690, 134 N.W.2d 818 (1965). The county board has the authority to determine the number of deputies to be appointed by the sheriff and to fix their compensation but the sheriff retains the power to appoint his deputies. State ex rel. Rohrs v. Harris, 100 Neb. 745, 161 N.W. 253 (1917). A sheriff who does not elect to act as jailer in person, but who deputizes the persons who perform the duties of jailer, such persons being compensated in the manner provided by this section, is not entitled to the compensation provided for a sheriff acting as jailer. Dunkel v. Hall County, 89 Neb. 585, 131 N.W. 973 (1911).
NE Code § 23-1705 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1705 - Court attendance; when required.

23-1705.  Court attendance; when required.The sheriff shall attend upon the district court at its session in his or her county, shall be allowed the assistance of two deputies and of such further number as the court may direct, and shall attend the sessions of the county court when required by the judge.Source   Laws 1879, § 120, p. 385;   R.S.1913, § 5657;   C.S.1922, § 4984;   C.S.1929, § 26-1405;   R.S.1943, § 23-1705;   Laws 1988, LB 1030, § 6.
NE Code § 23-1706 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1706 - Court; appearance as counsel prohibited.

23-1706.  Court; appearance as counsel prohibited.No sheriff or his deputy or constable shall appear in any court as attorney or counselor for any party, nor make any writing or process to commence or to be in any manner used in the same, and such writing or process made by any of them shall be rejected.Source   Laws 1879, § 121, p. 385;   R.S.1913, § 5658;   C.S.1922, § 4985;   C.S.1929, § 26-1406;   R.S.1943, § 23-1706. Cross References  For provisions prohibiting sheriff to practice as attorney, see section 7-111.
NE Code § 23-1707 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1707 - Sheriff's sales; purchases prohibited.

23-1707.  Sheriff's sales; purchases prohibited.No sheriff or his deputy or constable shall become the purchaser, either directly or indirectly, of any property by him exposed to sale under any process of law or equity; and every such purchase is absolutely void.Source   Laws 1879, § 122, p. 385;   R.S.1913, § 5659;   C.S.1922, § 4986;   C.S.1929, § 26-1407;   R.S.1943, § 23-1707.
NE Code § 23-1708 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1708 - Vacancy; legal process; deputy; duty.

23-1708.  Vacancy; legal process; deputy; duty.In case of a vacancy occurring in the office of sheriff from any cause the deputy or deputies shall be under obligation to execute legal process until the vacancy is filled.Source   Laws 1879, § 123, p. 385;   R.S.1913, § 5660;   C.S.1922, § 4987;   C.S.1929, § 26-1408;   R.S.1943, § 23-1708;   Laws 1990, LB 872, § 1.  Annotations Sheriff may complete execution of order of sale regularly issued to him during his term, after expiration of his term. National Black River Bank v. Wall, 3 Neb. Unof. 316, 91 N.W. 525 (1902).
NE Code § 23-1709 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1709 - Term of office; expiration; transfers to successor.

23-1709.  Term of office; expiration; transfers to successor.When a sheriff goes out of office he or she shall deliver to his or her successor all books and papers pertaining to the office, all property attached or levied upon, and all prisoners in jail and shall take a receipt specifying the same. The receipt shall be sufficient indemnity to the person taking it.Source   Laws 1879, § 124, p. 386;   R.S.1913, § 5661;   C.S.1922, § 4988;   C.S.1929, § 26-1409;   R.S.1943, § 23-1709;   Laws 1990, LB 872, § 2.
NE Code § 23-1710 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1710 - Crimes; prevention; arrest; powers and duties.

23-1710.  Crimes; prevention; arrest; powers and duties.It shall be the duty of the sheriff by himself or deputy to preserve the peace in his county, to ferret out crime, to apprehend and arrest all criminals, and insofar as it is within his power, to secure evidence of all crimes committed in his county, and present the same to the county attorney and the grand jury; to file informations against all persons who he knows, or has reason to believe, have violated the laws of the state, and to perform all other duties pertaining to the office of sheriff.Source   Laws 1917, c. 231, § 1, p. 567;   C.S.1922, § 4989;   C.S.1929, § 26-1410;   R.S.1943, § 23-1710. Annotations  Where sheriff had reliable information about existence of incendiary device action in going upon property and inspecting for existence of fire without actual entry or search of building was proper. State v. Howard, 184 Neb. 274, 167 N.W.2d 80 (1969). Sheriff has duty to apprehend and arrest all criminals and must, if necessary, follow them into any county to do so. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939). Sheriff is not disqualified because of interest when testimony as witness is merely corroborative. Noonan v. State, 117 Neb. 520, 221 N.W. 434 (1928).
NE Code § 23-1711 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1711 - Special investigations; when authorized; report; expenses.

23-1711.  Special investigations; when authorized; report; expenses.The sheriff shall, whenever directed so to do in writing by the county attorney, make special investigation of any alleged infraction of the law within his county, and report with reference thereto within a reasonable time to such county attorney. When such investigation is made the sheriff shall file with the county clerk a detailed, sworn statement of his expenses, accompanied by the written order of the county attorney, and the board shall audit and allow only so much thereof as it shall find reasonable and necessary.Source   Laws 1917, c. 231, § 2, p. 567;   C.S.1922, § 4990;   C.S.1929, § 26-1411;   R.S.1943, § 23-1711.
NE Code § 23-1713 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1713 - Sheriff; party to judicial proceedings; duties; county clerk shall perform.

23-1713.  Sheriff; party to judicial proceedings; duties; county clerk shall perform.Every county clerk shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to the case, or whenever affidavits shall be made and filed as provided in section 23-1714; and in all such cases he shall exercise the same powers and proceed in the same manner as prescribed for the sheriff in the performance of similar duties.Source   Laws 1881, c. 42, § 1, p. 222;   R.S.1913, § 5683;   Laws 1915, c. 101, § 1, p. 244;   C.S.1922, § 5013;   C.S.1929, § 26-1522;   R.S.1943, § 23-1713. Annotations  Sheriff is disqualified from serving process in murder case, where affidavit of disqualification was filed, and it became duty of clerk of district court to issue writ for summoning jurors to county clerk. Trobough v. State, 120 Neb. 453, 233 N.W. 452 (1930). Sheriff is disqualified to select and summon a special panel of jurors to serve in criminal case in which he is a prosecuting witness. Policky v. State, 113 Neb. 858, 205 N.W. 560 (1925). Processes issued out of county court may be directed to and be served by coroner, when sheriff is party. Barlass v. May, 16 Neb. 647, 21 N.W. 436 (1884). Coroner may serve writ of replevin whenever sheriff is party to the action. Keith Brothers v. Heffelfinger, 12 Neb. 497, 11 N.W. 749 (1882).
NE Code § 23-1714 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1714 - Sheriff; disqualification; duties; county clerk shall perform.

23-1714.  Sheriff; disqualification; duties; county clerk shall perform.Whenever any party, his agent or attorney shall make and file with the clerk of the proper court an affidavit stating that he believes the sheriff of such county will not, by reason of partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit commenced, or about to be commenced, in said court, the clerk shall direct the original or other process in such suit to the county clerk who shall execute the same in like manner as the sheriff might or ought to have done, and if like objections shall be made to the county clerk by either party, the court shall appoint some suitable person to whom such objection does not apply.Source   Laws 1881, c. 42, § 2, p. 222;   R.S.1913, § 5684;   Laws 1915, c. 101, § 1, p. 244;   C.S.1922, § 5014;   C.S.1929, § 26-1523;   R.S.1943, § 23-1714. Annotations  Affidavit being filed hereunder, sheriff is ipso facto disqualified from summoning jurors, but not from participating with court clerk in drawing panel from box containing jurors' names selected by county commissioners. Trobough v. State, 120 Neb. 453, 233 N.W. 452 (1930). When showing is made conforming to above provisions, it is mandatory that clerk direct county clerk to perform the duties of the sheriff. Policky v. State, 113 Neb. 858, 205 N.W. 560 (1925). A party must make his objection to sheriff's acting before trial or he will be held to have waived it. Coil v. State, 62 Neb. 15, 86 N.W. 925 (1901).
NE Code § 23-1715 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1715 - Sheriff; specialized equipment; damages to privately owned motor vehicle, reimbursement.

23-1715.  Sheriff; specialized equipment; damages to privately owned motor vehicle, reimbursement.The county board shall purchase a base radio station and shortwave radio equipment for installation on a motor vehicle owned by the sheriff. The county board may purchase shortwave radio equipment for installation on motor vehicles owned by the sheriff's deputies and also may purchase specialized equipment such as, but not limited to, flashing lights or spotlights for installation on motor vehicles owned by the sheriff or his or her deputies whenever such equipment is necessary for law enforcement work. Any equipment so purchased and installed shall remain the property of the county and shall be removed and returned to the county upon termination of the term of office of such sheriff or deputy. The county board may also reimburse any such sheriff or deputy for any damage to any such privately owned motor vehicle peculiarly incident to and actually arising out of the use of such motor vehicle for law enforcement work, such as, but not limited to, bullet holes, blood stains, or damage to the interior caused by unruly prisoners, but not including collision or upset. Reimbursement for such damage shall be paid as other claims against the county.Source   Laws 1959, c. 84, § 7, p. 390;   Laws 1969, c. 169, § 1, p. 745;   Laws 1975, LB 427, § 1;  Laws 2000, LB 893, § 1.
NE Code § 23-1717 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1717 - Sheriff; deputy; uniform; badge, display; exceptions.

23-1717.  Sheriff; deputy; uniform; badge, display; exceptions.County sheriffs and their deputies, when on duty, shall be dressed in a distinctive uniform, as described in section 23-1719, and display a badge of office as described in section 23-1719; Provided, the wearing of such uniform and badge shall be discretionary at the option of the sheriff when he or she or his or her deputies are engaged in special investigations or mental patient assignments; and provided further, that special deputies appointed by the sheriff shall be excluded from the requirements of this section.Source   Laws 1967, c. 113, § 1, p. 361;   Laws 1981, LB 186, § 1.
NE Code § 23-1718 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1718 - Sheriff; deputy; uniform; allowance in counties of less than 200,000 population.

23-1718.  Sheriff; deputy; uniform; allowance in counties of less than 200,000 population.County sheriffs and their deputies in counties of less than two hundred thousand population shall each receive an allowance for uniform expense of not less than ten dollars per month, to be paid by the county which such officers serve.Source  Laws 1967, c. 113, § 2, p. 361.
NE Code § 23-1719 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1719 - Sheriff; deputy; uniform; specifications.

23-1719.  Sheriff; deputy; uniform; specifications.(1) The uniform required by section 23-1717 shall be readily distinguishable from the uniform of other law enforcement agencies in the State of Nebraska and shall consist of:(a) Brown felt hat, center crease in sheriff or western style;(b) Brown straw hat, center crease in sheriff or western style;(c) Chocolate brown color shirt with either long or short sleeves depending on season;(d) Pink tan color trousers in appropriate seasonal weights;(e) Pink tan color skirts in appropriate seasonal weights;(f) Pink tan color necktie;(g) Shoes or boots in the same color as the leather worn;(h) Chocolate brown color service jacket, zipper front with badge holder;(i) Hip-length year-round outer jacket, dark brown in color;(j) Badge bearing state or state seal, rank, and county:(i) Gold in color for sheriff and deputies of the rank of sergeant or above;(ii) Silver in color for deputies under the rank of sergeant; and(iii) Consisting of seven-point star;(k) Collar ornaments:(i) Gold for sheriff and deputies of the rank of sergeant or above; and(ii) Silver for deputies under the rank of sergeant;(l) Shoulder emblem to be worn on upper sleeve and include sheriff's department and county name - design optional;(m) Leather to be either brown or black at the individual department's choice; and(n) Brown winter cap with flap.(2) Uniforms shall be purchased directly from the supplier or suppliers with whom the Department of Administrative Services has contracted.(3) A committee from the Nebraska Sheriffs' and Peace Officers' Association shall assist the Department of Administrative Services in developing specifications and selecting material for the uniforms.Source   Laws 1967, c. 113, § 3, p. 361;   Laws 1981, LB 186, § 2.
NE Code § 23-1720 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-1720 - Sheriff; deputies; indemnification; legal counsel.

23-1720.  Sheriff; deputies; indemnification; legal counsel.Any sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff required to be bonded under section 11-119 or 23-1704.01 shall be indemnified by the county employing such sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff should such person become liable to any surety on a bond written under either such section. Any sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff may, with the approval of the county board, retain his or her own legal counsel to represent him or her in such proceedings at county expense.Source   Laws 1969, c. 143, § 1, p. 664;   Laws 1990, LB 821, § 9.