reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-104 - Bonds or insurance coverage; municipal officers; form.

11-104.
Bonds or insurance coverage; municipal officers; form.
(1) All official bonds of officers of cities, towns, and villages shall be executed pursuant to section 11-103, except that they shall be made payable to the city, town, or village in which the officers giving such bonds shall be elected or appointed, in such penalty as the city council or board of trustees of the village may fix.
(2) In any city or village, in place of the individual bonds required to be furnished by municipal officers, a schedule, position, blanket bond or undertaking, or evidence of equivalent insurance may be given by municipal officers, or a single corporate surety fidelity, schedule, position, or blanket bond or undertaking, or evidence of insurance coverage covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The municipality may pay the premium for the bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggregate of the amounts fixed by law or by the person, council, or board authorized by law to fix the amounts and with such terms and conditions as may be required.
Source
Laws 1881, c. 13, § 4, p. 95;
R.S.1913, § 5710;
C.S.1922, § 5040;
C.S.1929, § 12-104;
R.S.1943, § 11-104;
Laws 2007, LB347, § 1.
Annotations
Police officers of Omaha are required to give bond to city as obligee for faithful performance of official duty. Curnyn v. Kinney, 119 Neb. 478, 229 N.W. 894 (1930).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-105 - Bonds and oaths; filing; time.

11-105.
Bonds and oaths; filing; time.
(1) Official bonds, with the oath endorsed thereon, shall be filed in the proper office within the following time:
(a) Of all officers elected at any general election, following receipt of their election certificate and not later than ten days before the first Thursday after the first Tuesday in January next succeeding the election;
(b) Of all appointed officers, within thirty days after their appointment; and
(c) Of officers elected at any special election and city and village officers, within thirty days after the canvass of the votes of the election at which they were chosen.
(2) The filing of the bond with the oath endorsed thereon does not authorize a person to take any official action prior to the beginning of his or her term of office pursuant to Article XVII, section 5, of the Constitution of Nebraska.
(3) In counties which provide a bond for county officers pursuant to subdivision (22) of section 11-119, such county officers are not required to comply with the timing requirements of subsection (1) of this section with regard to their official bond but shall file their oaths of office in the proper offices prior to the beginning of their terms of office.
Source
Laws 1881, c. 13, § 5, p. 95;
R.S.1913, § 5711;
C.S.1922, § 5041;
C.S.1929, § 12-105;
R.S.1943, § 11-105;
Laws 1976, LB 534, § 1;
Laws 2013, LB311, § 1.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
It is the duty of person elected to county office to file bond in amount required by statute, with oath endorsed thereon, on or before specified time. State ex rel. Baird v. Slattery, 108 Neb. 415, 187 N.W. 899 (1922).
Sureties have right at any time before bond is delivered to revoke their principal's authority to bind them, but until such revocation the right of the principal to deliver bond is presumed to continue. The failure of officer to file his bond and have it approved within time creates a vacancy in the office. Paxton v. State, 59 Neb. 460, 81 N.W. 383 (1899).
Failure to file is excused by neglect or omission of officers to issue certificate of election. State ex rel. Barton v. Frantz, 55 Neb. 167, 75 N.W. 546 (1898).
One who is reelected to office is required to file a new oath and bond. State ex rel. Berge v. Lansing, 46 Neb. 514, 64 N.W. 1104 (1895).
When an incumbent of an office holds over on account of the nonelection of a successor he must file oath and bond within ten days from time at which his successor, if elected, should have qualified. State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-106 - Bonds; state and district officers; approval; filing; place; recording.

11-106.
Bonds; state and district officers; approval; filing; place; recording.
The official bonds of all state and district officers except Governor shall be approved by the Governor, and filed and recorded in the office of the Secretary of State. The official bond of the Governor shall be approved by the Chief Justice of the Supreme Court. The official bond of the Secretary of State shall be filed and recorded in the office of the Director of Administrative Services.
Source
Laws 1881, c. 13, § 6, p. 95;
R.S.1913, § 5712;
C.S.1922, § 5042;
C.S.1929, § 12-106;
R.S.1943, § 11-106.
Annotations
The Governor, not the Secretary of State, approves the bond of State Treasurer, and Secretary of State can only receive, file, and record the bond. State v. Paxton, 65 Neb. 110, 90 N.W. 983 (1902); Paxton v. State, 60 Neb. 763, 84 N.W. 254 (1900).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-107 - Bonds; county, precinct, township officers; approval; filing; place; recording.

11-107.
Bonds; county, precinct, township officers; approval; filing; place; recording.
The official bonds of all county, precinct and township officers shall be approved by the county board, except the official bonds of the county commissioners or supervisors, which shall be approved by the county judge. All such bonds shall be filed and recorded in the office of the county clerk, except the bonds of the county clerk and members of the county board, which shall be filed and recorded in the office of the county judge. The official bond of a school district treasurer must be approved by the president and secretary, and filed in the office of the treasurer of the county.
Source
Laws 1881, c. 13, § 7, p. 95;
R.S.1913, § 5713;
C.S.1922, § 5043;
C.S.1929, § 12-107;
R.S.1943, § 11-107;
Laws 1959, c. 27, § 1, p. 177.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
County judge will not be compelled by mandamus to approve bond of county commissioner where oath not endorsed thereon. State ex rel. Baird v. Slattery, 108 Neb. 415, 187 N.W. 899 (1922).
Bond must be filed and approved, or no action can be had against sureties. Fire Assn. of Philadelphia v. Ruby, 58 Neb. 730, 79 N.W. 723 (1899).
All bonds of county officers, except commissioners and supervisors, are required to be approved by the county board and filed and recorded in the office of the county clerk, but sureties cannot escape liability because bond was not filed and approved in time. Holt County v. Scott, 53 Neb. 176, 73 N.W. 681 (1897).
In approving bonds, county board acts as a body, and the approval is not the act of a member or individual members thereof as persons. Board must approve bond of county treasurer. Stoner v. Keith County, 48 Neb. 279, 67 N.W. 311 (1896).
Until bond of officer is filed and approved, he is not a de jure officer. McMillin v. Richards, 45 Neb. 786, 64 N.W. 242 (1895).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-108 - Bonds; state officers; sureties; number; qualification; affidavits required.

11-108.
Bonds; state officers; sureties; number; qualification; affidavits required.
Each official bond of a state officer shall be executed by the officer as principal and by at least three residents of the state as sureties who shall be worth in the aggregate the amount of the bond over and above all their present indebtedness; and affidavits of the sureties, showing the value of the property owned by each and subject to levy and sale under execution in this state, shall be made and presented to the officer approving such bond, and shall be filed therewith; or the bond of any state officer may be executed by the officer as principal and by a guaranty, surety, fidelity or bonding company as surety, or by two or more of such companies as sureties. Only such companies as are legally authorized to transact business in this state shall be eligible to suretyship on the bond of a state officer.
Source
Laws 1881, c. 13, § 8, p. 96;
Laws 1905, c. 10, § 1, p. 63;
R.S.1913, § 5714;
C.S.1922, § 5044;
C.S.1929, § 12-108;
R.S.1943, § 11-108.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
When an officer writes his name in the body of paper prepared by himself as an official bond, and subscribes his oath of office endorsed thereon, which instrument is delivered, accepted and approved as his official bond, it is valid even though the signature of the officer is omitted at the bottom of the bond. State v. Hill, 47 Neb. 456, 66 N.W. 541 (1896).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-109 - Bonds; county and precinct officers; sureties; number; qualification.

11-109.
Bonds; county and precinct officers; sureties; number; qualification.
All official bonds of county, precinct and other local officers shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county in which such bonds are given; or any official bond of a county, precinct or local officer may be executed by the officer as principal and by a guaranty, surety, fidelity or bonding company as surety, or by two or more of such companies. Only such companies as are legally authorized to transact business in this state shall be eligible to suretyship on the bond of a county, precinct or other local officer.
Source
Laws 1881, c. 13, § 9, p. 96;
Laws 195, c. 10, § 1, p. 63;
R.S.1913, § 5715;
C.S.1922, § 5045;
C.S.1929, § 12-109;
R.S.1943, § 11-109.
Annotations
Principal is required to execute bond. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
Expense of county treasurer's bond, when legally executed, with qualified bonding company as surety, and approved is a binding obligation of county. Haase v. Buffalo County, 86 Neb. 145, 124 N.W. 1130 (1910).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-110 - Bonds; recording; copies; fee.

11-110.
Bonds; recording; copies; fee.
The officers with whom any official bonds are required by law to be filed shall carefully record and preserve the same in their respective offices, and shall give certified copies thereof, when required, under the seal of their office, and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases.
Source
Laws 1881, c. 13, § 10, p. 96;
R.S.1913, § 5716;
C.S.1922, § 5046;
C.S.1929, § 12-110;
R.S.1943, § 11-110.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-111 - Bonds; endorsement of approval required.

11-111.
Bonds; endorsement of approval required.
The approval of each official bond shall be endorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved.
Source
Laws 1881, c. 13, § 11, p. 97;
R.S.1913, § 5717;
C.S.1922, § 5047;
C.S.1929, § 12-111;
R.S.1943, § 11-111.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
County judge will not be compelled by mandamus to approve bond of county commissioner where oath not endorsed thereon. State ex rel. Baird v. Slattery, 108 Neb. 415, 187 N.W. 899 (1922).
If bond is executed by sufficient competent sureties, approval may be compelled by mandamus. Woodward v. State ex rel. Thomssen, 58 Neb. 598, 79 N.W. 164 (1899).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-112 - Bonds; terms.

11-112.
Bonds; terms.
All official bonds shall obligate the principal and sureties for the faithful discharge of all duties required by law of such principal, and shall inure to the benefit of any persons injured by a breach of the conditions of such bonds.
Source
Laws 1881, c. 13, § 12, p. 97;
R.S.1913, § 5718;
C.S.1922, § 5048;
C.S.1929, § 12-112;
R.S.1943, § 11-112.
Annotations
Sheriff and surety on his official bond are required to respond in damages to any person for a breach of duty imposed by law. O'Dell v. Goodsell, 149 Neb. 261, 30 N.W.2d 906 (1948).
Statute, by construction, constitutes part of bond, and the scope of statutory obligation cannot validly be limited by any other provision in the instrument. Village of Hampton v. Gausman, 136 Neb. 550, 286 N.W. 757 (1939).
County judge is liable on his official bond for trust funds lost by reason of insolvency of bank in which he deposited them though he acted in good faith and without negligence in selecting depository. Ericsson v. Streitz, 132 Neb. 692, 273 N.W. 17 (1937).
Recovery authorized thereon by person injured by negligent acts committed by policeman in exercise of municipal authority, although bond runs to city as obligee. Curnyn v. Kinney, 119 Neb. 478, 229 N.W. 894 (1930).
A bond given for the faithful discharge of the duties of one legally entrusted with state and county funds is an official bond, and the statutory provisions relative thereto enter and become a part of the contract. United States Fidelity & Guaranty Co. v. McLaughlin, 76 Neb. 307, 107 N.W. 577 (1906).
This section requires of a principal, who is a custodian of public money, the absolute accounting for and payment over of money coming into his official position. Adams v. Weisberger, 62 Neb. 326, 87 N.W. 16 (1901).
Money paid to the clerk of district court by referee in partition proceeding, in obedience to court order directing money to be brought into court, is received by the clerk in his official capacity. Dirks v. Juel, 59 Neb. 353, 80 N.W. 1045 (1899).
Counties may recover on official bonds of their officers for all damages caused by their neglect of duty. Toncray v. Dodge County, 33 Neb. 802, 51 N.W. 235 (1892).
Liability on bond is original and primary, and action may be brought against both principal and sureties without suit having first been brought against the officer for the tort. Kane v. Union Pacific Railroad, 5 Neb. 105 (1876).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-113 - Bonds; irregularities; effect.

11-113.
Bonds; irregularities; effect.
No official bond shall be rendered void by reason of any informality or irregularity in its execution or approval.
Source
Laws 1881, c. 13, § 13, p. 97;
R.S.1913, § 5719;
C.S.1922, § 5049;
C.S.1929, § 12-113;
R.S.1943, § 11-113.
Annotations
Bond of public officer, joint and several in form, is not void as to surety because of failure of principal to sign it. Village of Hampton v. Gausman, 136 Neb. 550, 286 N.W. 757 (1939).
Approval of bond after instead of before filing thereof is an irregularity which has no effect upon its validity. State v. Paxton, 65 Neb. 110, 90 N.W. 983 (1902).
The making of official bond joint in form, instead of joint and several, is a mere irregularity which does not invalidate the instrument. Term need not be stated. Perkins County v. Miller, 55 Neb. 141, 75 N.W. 577 (1898).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-114 - Bonds; sureties; public officers or deputies and attorneys, ineligible.

11-114.
Bonds; sureties; public officers or deputies and attorneys, ineligible.
No state or county officers, or their deputies, shall be taken as security on the bond of any administrator, executor, or other officer from whom by law bond is or may be required, and no practicing attorney shall be taken as surety on any official bond, or bond in any legal proceedings in the district in which he may reside.
Source
Laws 1881, c. 13, § 14, p. 97;
R.S.1913, § 5720;
C.S.1922, § 5050;
C.S.1929, § 12-114;
R.S.1943, § 11-114.
Annotations
A practicing attorney should not sign in a legal proceeding as surety, but if bond is approved, the attorney is estopped from alleging its invalidity and it may be enforced against him. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), judgment of affirmance vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).
A practicing attorney is not a proper surety on an appeal bond, but bond is not invalid. Chase v. Omaha L. & T. Co., 56 Neb. 358, 76 N.W. 896 (1898).
Attorney should not become a surety upon a bond in a legal proceeding, and if he signs such a bond the clerk should not approve it. If it is approved, the surety is bound thereby. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894); Tessier v. Crowley, 17 Neb. 207, 22 N.W. 422 (1885).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-116 - Bonds; officers appointed to fill vacancies; requirements.

11-116.
Bonds; officers appointed to fill vacancies; requirements.
Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided.
Source
Laws 1881, c. 13, § 16, p. 97;
R.S.1913, § 5722;
C.S.1922, § 5052;
C.S.1929, § 12-116;
R.S.1943, § 11-116.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-117 - Bonds and oaths; officers reelected, reappointed, holding over; requirements.

11-117.
Bonds and oaths; officers reelected, reappointed, holding over; requirements.
When the incumbent of an office is reelected or reappointed he shall qualify by taking the oath and giving the bond as above directed, but when such officer has had public funds or property in his control, his bond shall not be approved until he has produced and fully accounted for such funds and property. When it is ascertained that the incumbent of an office holds over by reason of the nonelection or nonappointment of a successor, or of the neglect or refusal of the successor to qualify, he shall qualify anew within ten days from the time at which his successor, if elected, should have qualified.
Source
Laws 1881, c. 13, § 17, p. 97;
R.S.1913, § 5723;
C.S.1922, § 5053;
C.S.1929, § 12-117;
R.S.1943, § 11-117.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
Township officer must in addition to filing oath and bond under this section comply with requirements of section 23-242. State ex rel. Luckey v. Weber, 124 Neb. 84, 245 N.W. 407 (1932).
Death of newly elected officer before beginning of term, without qualifying, does not create a vacancy where there is a qualified member who qualifies anew and whose term of office does not expire until successor is elected. State ex rel. Schroeder v. Swanson, 121 Neb. 459, 237 N.W. 407 (1931).
Where officer appointed to fill vacancy is entitled to hold over, and files proper bond in due time, fact that county board refused to act upon same within time prescribed by law will not create vacancy. State ex rel. County Attorney v. Willott, 103 Neb. 798, 174 N.W. 429 (1919).
If newly elected or appointed officer fails to qualify, present incumbent may qualify anew. State ex rel. Shaw v. Rosewater, 79 Neb. 450, 113 N.W. 206 (1907).
Provisions of section are mandatory; incumbents reelected must qualify anew; and must render an accounting of all public funds on hand before bond can be approved. Woodward v. State ex rel. Thomssen, 58 Neb. 598, 79 N.W. 164 (1899).
Officers or incumbents, reelected, reappointed, or holding over where successor has been elected but fails to qualify, must qualify in same manner as newly elected officers. State ex rel. Berge v. Lansing, 46 Neb. 514, 64 N.W. 1104 (1895).
Incumbent holding over must qualify anew within ten days from time at which his successor should have qualified. State ex rel. Roche v. Cosgrove, 34 Neb. 386, 51 N.W. 974 (1892).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-118 - Bonds; successive terms; sureties; qualification.

11-118.
Bonds; successive terms; sureties; qualification.
No person shall be surety for the same officer for more than two successive terms of the same office; but this provision shall not apply to incorporated surety companies.
Source
Laws 1881, c. 13, § 18, p. 98;
Laws 1905, c. 11, § 1, p. 64;
R.S.1913, § 5724;
C.S.1922, § 5054;
C.S.1929, § 12-118;
R.S.1943, § 11-118.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-121 - Bond or insurance; persons entrusted with public funds; penal sum; approval.

11-121.
Bond or insurance; persons entrusted with public funds; penal sum; approval.
Any officer or person who is entrusted with funds belonging to the State of Nebraska or any county thereof, which may come into his or her possession by any appropriation or otherwise, shall be responsible for the same upon his or her bond or equivalent commercial insurance policy. When any officer or person is entrusted with any such fund and there is no provision of law requiring him or her to give a bond or equivalent commercial insurance policy in a certain specified sum, he or she shall give bond or equivalent commercial insurance policy in double the amount of the sum so entrusted to him or her, which in the case of state funds shall be approved by the Chief Justice of the Supreme Court, and deposited in the office of the Secretary of State. In the case of county funds, such bonds or equivalent commercial insurance policy shall be approved by the county board and deposited in the county clerk's office. No warrant shall be issued or money paid over to such officer or person until the bond is filed as provided in this section. This section shall not be construed to require any additional bond or insurance to be furnished by state officers or employees bonded or insured as specified in section 11-201.
Source
Laws 1881, c. 13, § 21, p. 100;
Laws 1905, c. 11, § 2, p. 64;
R.S.1913, § 5727;
C.S.1922, § 5057;
C.S.1929, § 12-121;
R.S.1943, § 11-121;
Laws 1978, LB 653, § 7;
Laws 2004, LB 884, § 9.
Annotations
It is the duty of board to effect a settlement with county treasurer and approve his bond, if on a settlement, all funds in his hands are accounted for. State ex rel. Clark v. Vinnedge, 79 Neb. 270, 112 N.W. 858 (1907).
Bonds given by state or county officers are official bonds, and statutory provisions relative thereto enter into and become part of contract. United States F. & G. Co. v. McLaughlin, 76 Neb. 307, 107 N.W. 577 (1906), affirmed on rehearing 76 Neb. 310, 109 N.W. 390 (1906).
Purpose of Legislature was to make the county treasurer an insurer. Thomssen v. Hall County, 63 Neb. 777, 89 N.W. 389, 57 L.R.A. 303 (1902).
Sureties, executing county treasurer's bond with this section in view as forming part of their contract, are not released by board requiring and taking additional sureties. Holt County v. Scott, 53 Neb. 176, 73 N.W. 681 (1897).
Treasurer is insurer of all money officially coming into his hands; bondsmen are liable for all money lost. Bush v. Johnson County, 48 Neb. 1, 66 N.W. 1023 (1896).
This section does not impliedly prohibit the deposit for safekeeping of funds received by officer. State v. Hill, 47 Neb. 456, 66 N.W. 541 (1896).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-122 - Bonds; county treasurer; power of county board to require; failure to furnish; effect.

11-122.
Bonds; county treasurer; power of county board to require; failure to furnish; effect.
The county board of any one of the counties of this state may require the county treasurer to give additional surety or sureties whenever in its opinion the existing security shall have become insufficient, and such board is hereby also empowered to demand and receive from such county treasurer an additional bond as required by law with good and sufficient surety or sureties in such sum as said board, or a majority thereof, may direct, whenever in its opinion more money shall have passed or is about to pass into the hands of such treasurer than is or would be recovered under the penalty in the previous bond. If any county treasurer shall fail or refuse to give such additional security or bond for and during the time of ten days from and after the day on which said board shall have required such treasurer so to do, his office shall be considered vacant, and another treasurer shall be appointed agreeable to the provisions of law.
Source
Laws 1881, c. 13, § 21, p. 100;
Laws 1905, c. 11, § 2, p. 65;
R.S.1913, § 5727;
C.S.1922, § 5057;
C.S.1929, § 12-121;
R.S.1943, § 11-122.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
No officer of the state is authorized to demand additional sureties of the State Treasurer after his bond has been approved and filed. Paxton v. State, 59 Neb. 460, 81 N.W. 383 (1899).
Provision for requiring and receiving additional bond is sufficient consideration for execution of second bond. Stoner v. Keith County, 48 Neb. 279, 67 N.W. 311 (1896).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-123 - Bonds; guaranty companies; eligibility; approval.

11-123.
Bonds; guaranty companies; eligibility; approval.
Whenever any recognizance, stipulation, bond or undertaking, conditioned for the faithful performance of any duty or for doing or refraining from doing anything in such recognizance, stipulation, bond or undertaking specified, is, by the laws of this state, required or permitted to be given with one surety or with two or more sureties, the execution of the same, or the guaranteeing of the performance of the conditions thereof, shall be sufficient when executed or guaranteed solely by a corporation duly organized and existing under the laws of this state, or of any state of the United States, having a paid-up capital of not less than one hundred thousand dollars and having power under its charter to guarantee or insure the fidelity of persons holding places of public and private trust, to become surety on bonds and obligations of persons and corporations, and to become surety on any bond, recognizance or other writing in the nature of a bond, in the same manner that natural persons may, subject to all the rights and liabilities of such persons;
Provided,
such corporation is approved as surety upon such recognizance, stipulation, bond or undertaking by the head of the department, court, judge, officer, board or body executive, legislative or judicial, required or authorized to approve or accept the same.
Source
Laws 1895, c. 22, § 1, p. 122;
R.S.1913, § 5728;
C.S.1922, § 5058;
C.S.1929, § 12-122;
Laws 1935, c. 98, § 3, p. 327;
C.S.Supp.,1941, § 12-122;
R.S.1943, § 11-123.
Annotations
This section as originally enacted in 1895 was unconstitutional. Fidelity & Deposit Co. of Maryland v. Libby, 72 Neb. 850, 101 N.W. 994 (1904).
Surety company must be empowered to transact business in Nebraska before mandamus will lie to compel approval of bond. Woodward v. State ex rel. Thomssen, 58 Neb. 598, 79 N.W. 164 (1899).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-124 - Bonds; guaranty companies; failure to pay judgment; penalty.

11-124.
Bonds; guaranty companies; failure to pay judgment; penalty.
If any such corporation fails, neglects, or refuses to pay any fine, judgment, or decree rendered against it upon any such recognizance, stipulation, bond, or undertaking, from which no appeal, writ of error, or supersedeas is taken for ninety days after the entry of such judgment or decree, it shall forfeit all rights to do business in this state until such judgment or decree is fully paid or satisfied.
Source
Laws 1895, c. 22, § 3, p. 123;
R.S.1913, § 5730;
C.S.1922, § 5059;
C.S.1929, § 12-123;
R.S.1943, § 11-124;
Laws 2000, LB 921, § 1.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-125 - Bonds; county officers; premium paid by county; conditions.

11-125.
Bonds; county officers; premium paid by county; conditions.
If any county treasurer, county attorney, clerk of the district court, county clerk, county assessor, register of deeds, county sheriff, county commissioner or supervisor, or acting officer who is appointed as provided by section 32-561 furnishes a bond executed by a surety company authorized by the laws of this state to execute such bond and such bond is approved by the county board, then the county may pay the premium for such bond. Any surety bond so executed and approved shall contain a covenant to the effect that when the stated term of the bond is reduced to a shorter term by reason of the death, resignation, or removal from office of such official for a cause not imposing liability on the bond, the obligor shall refund to the county the unearned portion of the premium so paid for the term of the bond subject to a reasonable minimum premium charge.
Source
Laws 1905, c. 49, § 1, p. 294;
R.S.1913, § 5731;
C.S.1922, § 5060;
C.S.1929, § 12-124;
Laws 1935, c. 25, § 1, p. 118;
Laws 1941, c. 17, § 1, p. 101;
C.S.Supp.,1941, § 12-124;
Laws 1943, c. 21, § 1(1), p. 112;
R.S.1943, § 11-125;
Laws 1972, LB 1032, § 94;
Laws 1994, LB 76, § 467;
Laws 1999, LB 272, § 2;
Laws 2021, LB355, § 1.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
It is mandatory that county board pays premiums upon bonds of officers and employees designated, if and when bonds are approved. Douglas County v. Belitz, 142 Neb. 376, 6 N.W.2d 370 (1942).
The expense of county treasurer's bond legally executed by qualified bonding company as surety, approved and accepted by board, is a binding obligation of county. Haase v. Buffalo County, 86 Neb. 145, 124 N.W. 1130 (1910).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-126 - Bonds; deputies or employees of county officers; alternatives.

11-126.
Bonds; deputies or employees of county officers; alternatives.
Whenever any deputy or employee of any county treasurer, county attorney, clerk of the district court, county clerk, county assessor, register of deeds, county sheriff, or county commissioner or supervisor shall be required by law or the order of the county board of any county to supply bond, either (1) such deputy or employee shall furnish a bond by a surety company, which bond shall be approved by the county board, and the county may pay the premium for such bond; or (2) the county board may arrange and pay for the writing of a blanket corporate surety bond for the benefit of the county, bonding (a) all such employees of the county or (b) all such deputy county officials or (c) both subdivisions (a) and (b) of this subdivision.
Source
Laws 1941, c. 17, § 1, p. 101;
C.S.Supp.,1941, § 12-124;
Laws 1943, c. 21, § 1(2), p. 113;
R.S.1943, § 11-126;
Laws 1947, c. 78, § 1, p. 245;
Laws 1983, LB 369, § 2;
Laws 1999, LB 272, § 3.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-127 - Bonds; premium paid by county; manner of paying.

11-127.
Bonds; premium paid by county; manner of paying.
Upon the execution and approval of the bonds upon which the county pays premium, the county board shall direct the county clerk to draw warrants upon the county treasurer in payment of such premiums against the general fund of the county, such warrants to be signed by the chairman of the county board, countersigned by the county clerk, and sealed with the county seal.
Source
Laws 1905, c. 49, § 2, p. 295;
C.S.1913, § 5732;
C.S.1922, § 5061;
C.S.1929, § 12-125;
Laws 1941, c. 17, § 2, p. 102;
C.S.Supp.,1941, § 12-125;
R.S.1943, § 11-127.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-128 - Bond; State Treasurer; premium paid by state; conditions.

11-128.
Bond; State Treasurer; premium paid by state; conditions.
Whenever the State Treasurer in giving the bond required from him by law shall furnish a bond executed by a surety company authorized by the laws of this state to execute such bond, and such bond shall be approved by the Governor, then in each case the state shall pay the premium for such bond, not to exceed one-half of one percent per annum of the penalty in the bond so executed and approved.
Source
Laws 1905, c. 209, § 1, p. 703;
R.S.1913, § 5733;
C.S.1922, § 5062;
C.S.1929, § 12-126;
Laws 1935, c. 24, § 1, p. 117;
C.S.Supp.,1941, § 12-126;
R.S.1943, § 11-128.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-129 - Bond; premium paid by state; manner of paying.

11-129.
Bond; premium paid by state; manner of paying.
Upon the execution of such bond it shall be the duty of the Director of Administrative Services to draw a warrant for the payment of such premium, countersigned by the State Treasurer and paid out of the appropriation made therefor.
Source
Laws 1905, c. 209, § 3, p. 703;
R.S.1913, § 5734;
C.S.1922, § 5063;
C.S.1929, § 12-127;
R.S.1943, § 11-129;
Laws 1969, c. 53, § 1, p. 353.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-130 - Bonds; suretyship; joint control of funds.

11-130.
Bonds; suretyship; joint control of funds.
It shall be lawful for any person of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any or all money and assets for which he and his surety or sureties are or may be held responsible, with a bank, savings bank, safe-deposit or trust company, authorized by law to do business as such, or with other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such sureties, or upon an order of court, or a judge thereof, made on such notice to such surety or sureties as such court or judge may direct. Such agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the bond.
Source
Laws 1943, c. 23, § 1, p. 115;
R.S.1943, § 11-130.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-201.01 - Bonds or insurance; officers and employees; benefits; inure to state; exception.

11-201.01.
Bonds or insurance; officers and employees; benefits; inure to state; exception.
No bond or equivalent commercial insurance determined by the Risk Manager to be furnished by officers and employees pursuant to subdivision (1) of section 11-201 shall be considered an official bond or insurance policy of such officers or employees, and no bond or policy so required by the Risk Manager shall inure to the benefit of other than the State of Nebraska, unless otherwise provided by the provisions of such bond or policy.
Source
Laws 1967, c. 36, § 5, p. 162;
Laws 1981, LB 273, § 2;
Laws 2004, LB 884, § 11.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-202 - Bonds or insurance; officers and employees; premiums; payment.

11-202.
Bonds or insurance; officers and employees; premiums; payment.
The premiums written pursuant to section 11-201, shall be paid by the State of Nebraska out of such funds as may be appropriated therefor by the Legislature, upon the order of the Risk Manager. No officer, department, board, commission, or other agency of the state shall pay, or cause to be paid, the cost of or the premium of any officer or employee of the state out of public funds unless an order for such payment has been obtained from the Risk Manager.
Source
Laws 1945, c. 13, § 2, p. 113;
Laws 1955, c. 17, § 2, p. 89;
Laws 1967, c. 36, § 4, p. 162;
Laws 1981, LB 273, § 3;
Laws 2004, LB 884, § 12.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-203 - Bonds; state officers and employees; Risk Manager; file list with Clerk of the Legislature.

11-203.
Bonds; state officers and employees; Risk Manager; file list with Clerk of the Legislature.
The Risk Manager shall, during each regular session of the Legislature, file electronically with the Clerk of the Legislature a complete list of the officers and employees who are bonded and the amount of each bond.
Source
Laws 1945, c. 13, § 3, p. 113;
Laws 1955, c. 17, § 3, p. 89;
Laws 1981, LB 273, § 4;
Laws 2012, LB782, § 15.
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-101.01 - Trustee; potential conflict of interest; actions required.

12-101.01.
Trustee; potential conflict of interest; actions required.
Any trustee of Wyuka Cemetery who would be required to take any action or make any decision in the discharge of his or her official duties that may cause financial benefit or detriment to him or her, a member of his or her immediate family, or a business with which he or she is associated, which is distinguishable from the effects of such action on the public generally or a broad segment of the public, shall take the following actions as soon as he or she is aware of such potential conflict or should reasonably be aware of such potential conflict, whichever is sooner:
(1) Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict;
(2) Deliver a copy of the statement to the person in charge of keeping records for the board of trustees of Wyuka Cemetery who shall enter the statement onto the public records of the board of trustees; and
(3) Abstain from participating or voting on the matter in which the trustee has a conflict of interest.
Source
Laws 2009, LB498, § 2.
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-102 - Portion under joint control of trustees and Department of Health and Human Services.

12-102.
Portion under joint control of trustees and Department of Health and Human Services.
The trustees shall subdivide, set apart and dedicate that portion of said cemetery located at Lincoln which has heretofore been used for the burial of the dead from the various state institutions and which is legally described as follows, to wit: Beginning at a point 749 feet North and 392 feet East of the S.W. corner of the E 1/2 of the SE 1/4 of Section 19, T. 10, N.R. 7, E. 6th P.M. which is 46 1/2 feet North of the S.W. corner of lot 2911 in burial Section No. 9 in Wyuka Cemetery, thence North 75 feet to the N.W. corner of the Home for the Friendless Plot, according to the original plat of said cemetery, thence on a curve through an arc of 58 degrees 25′ having a radius of 128 feet, the center of which is 183 feet North and 60 feet East of the place of beginning, to a point 77 feet North and 126 feet East of the place of beginning, and thence on a curve through an arc of 81 degrees 06′ having a radius of 100 feet the center of which is 17 feet South and 163 feet East of the place of beginning, to a point at the East end of the Home for the Friendless Plot aforesaid, which is 37 1/2 feet North and 250 feet East of the place of beginning; thence on a curve through an arc of 81 degrees 06′ having a radius of 100 feet the center of which is 88 feet North and 165 feet East of the place of beginning to a point 3 feet South and 125 feet East, of the place of beginning; thence on a curve through an arc of 58 degrees 25′ having a radius of 128 feet the center of which is 107 feet South and 57 feet East of the place of beginning, to the place of beginning, containing 15,835 square feet, or 0.36 acres, situated in Lancaster County, Nebraska. The part so set aside and dedicated shall be under the joint control of the trustees of Wyuka Cemetery and the Department of Health and Human Services.
Source
Laws 1927, c. 197, § 2, p. 561;
C.S.1929, § 13-102;
R.S.1943, § 12-102;
Laws 1996, LB 1044, § 46.
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-103 - Rules and regulations; revenue; investment; treasurer; bond.

12-103.
Rules and regulations; revenue; investment; treasurer; bond.
The trustees shall have power to prescribe all needful rules and regulations for the government of said cemetery. The trustees shall set aside a part of the purchase price of each burial lot sold, for the permanent maintenance of said cemetery, to be invested in any of the investments authorized by the provisions of section 30-3201. No part of the principal of this fund shall be used except for investment purposes as aforesaid. Each investment shall be approved by the unanimous vote of the board of trustees and entered upon the records of Wyuka Cemetery. The trustees shall appoint a treasurer to have custody of its funds who shall give a surety company bond in a sum not less than the amount of cash in his hands, conditioned for the safekeeping of such funds.
Source
Laws 1927, c. 197, § 3, p. 561;
C.S.1929, § 13-103;
R.S.1943, § 12-103;
Laws 1953, c. 16, § 1, p. 83.
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-104 - Soldiers burial grounds; selection; acquisition; use.

12-104.
Soldiers burial grounds; selection; acquisition; use.
A piece or parcel of land not exceeding in extent one acre not otherwise used or appropriated, in such place and in such form as shall be selected and agreed upon between the trustees of Wyuka Cemetery and a committee to be selected by the Grand Army of the Republic of Lincoln, Nebraska, is hereby appropriated and dedicated to the use and for the purpose of a soldiers burial ground. Such ground shall be selected in the manner described in this section, out of the South Half of the East Half of the Southeast Quarter of Section Nineteen, Township Ten, Range Seven East of the Sixth P.M., otherwise known as Wyuka Cemetery, and such plot of ground shall be used for the burial of all discharged or separated soldiers, sailors, marines, and army nurses, as they or their friends shall desire to bury therein, together with such members of their immediate families as the committee from the Grand Army of the Republic shall direct. The trustees of Wyuka Cemetery may appropriate and dedicate for the use and purpose of soldiers burial grounds such other pieces or parcels of ground in Wyuka Cemetery, acquired by the cemetery, as may in the opinion of such trustees be proper and sufficient. Such pieces or parcels of ground so appropriated and dedicated shall be used for the burial of all discharged or separated soldiers, sailors, marines, and army nurses who served in the army or navy of the United States in any war, together with such members of their immediate families as shall be selected by William Lewis Camp of Lincoln, Nebraska, of the United Spanish War Veterans, by Lincoln Post No. 3 of the Department of Nebraska of the American Legion, or by the Lincoln, Nebraska, camp, post, or other local body of any other national organization of war veterans, to be designated by the trustees of Wyuka Cemetery, which admits all discharged or separated soldiers, sailors, marines, and nurses who served in any war of the United States without limitation as to the branch, time, or place of service, or the sex, color, nativity, or religion of the member.
Source
Laws 1927, c. 197, § 4, p. 562;
C.S.1929, § 13-104;
R.S.1943, § 12-104;
Laws 2005, LB 54, § 1.
Cross References
Veterans' cemetery system authorized, see section 12-1301.
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-105 - Soldiers burial grounds; joint control.

12-105.
Soldiers burial grounds; joint control.
Such soldiers burial grounds shall at all times be subject to all rules and regulations of Wyuka Cemetery; all such soldiers burial grounds selected and appropriated prior to January 1, 1927, shall be under the joint control of the trustees of Wyuka Cemetery and such committee as shall be designated by the Lincoln, Nebraska, post of the Grand Army of the Republic, so long as there shall be a post of the Grand Army of the Republic in Lincoln, Nebraska; and all such soldiers burial grounds selected and appropriated on or after January 1, 1927, shall be under the joint control of the trustees of Wyuka Cemetery and of such officers or committees as shall be from time to time appointed for that purpose by William Lewis Camp of United Spanish War Veterans, by Lincoln Post No. 3, American Legion, Department of Nebraska, and by such other war veterans local body as shall hereafter be designated by the trustees as provided in section 12-104.
Source
Laws 1927, c. 197, § 5, p. 563;
C.S.1929, § 13-105;
R.S.1943, § 12-105.
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-201 - Condemnation; conditions; procedure.

12-201.
Condemnation; conditions; procedure.
Any incorporated city or village, any incorporated cemetery association, and any religious or church parish exercising ownership or control over any existing cemetery or burial ground may secure additional lands adjoining for cemetery and burial purposes in the manner hereinafter set forth. Whenever it shall become necessary to enlarge any such cemetery grounds by adding thereto lands adjoining the same and the owner or owners of such lands will not or cannot sell and convey the same to the city or village, cemetery association or parish, or where the owner or owners and the authorities controlling such cemetery cannot agree upon the price to be paid for such land so needed for cemetery extension, such land may be acquired by the exercise of the power of eminent domain. The procedure to condemn property shall be exercised as set forth in sections 76-704 to 76-724.
Source
Laws 1915, c. 172, § 1, p. 357;
C.S.1922, § 414;
C.S.1929, § 13-201;
R.S.1943, § 12-201;
Laws 1951, c. 101, § 31, p. 460.
Annotations
Village was authorized to condemn land for cemetery purposes. Hueftle v. Eustis Cemetery Assn., 171 Neb. 293, 106 N.W.2d 400 (1960).
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-301 - Endowments authorized.

12-301.
Endowments authorized.
Any person or corporation, private or municipal, or the state, any city, any county or subdivision thereof, owning or managing any cemetery, mausoleum or burial place in this state, is hereby authorized and empowered to receive by gift, grant, deed of conveyance, bequest or devise, money, stocks, bonds, or other valuable income-producing personal property, or any real estate, from any person, firm or corporation, for the purpose of endowing such cemetery, mausoleum, or burial place with a permanent fund, for any lawful purpose, the income from which shall be used for the exclusive benefits and purposes, and in the manner designated by the endower.
Source
Laws 1915, c. 173, § 1, p. 357;
C.S.1922, § 415;
C.S.1929, § 13-301;
R.S.1943, § 12-301.
2023 Nebraska Revised Statutes › Chapter 12 - Cemeteries › 12-302 - Endowments; exemption from taxation and certain claims.

12-302.
Endowments; exemption from taxation and certain claims.
Such endowment funds or property shall be exempt from all taxation, attachment, execution and claims whatsoever except for labor and material furnished in the performance of the purposes of the endowment.
Source
Laws 1915, c. 173, § 1, p. 357;
C.S.1922, § 415;
C.S.1929, § 13-301;
R.S.1943, § 12-302.