reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1310 - Veterans discharge or record of separation; registration upon application.

23-1310.
Veterans discharge or record of separation; registration upon application.
Any person residing in Nebraska or who entered the service from Nebraska and who served in any branch of the armed forces of the United States may apply for registration of his or her discharge or record of separation in the office of the county clerk where such person resides. No fee shall be charged for recording such discharge or record of separation.
Source
Laws 1921, c. 123, § 2, p. 533;
C.S.1922, § 4936;
C.S.1929, § 26-1013;
R.S.1943, § 23-1310;
Laws 1953, c. 60, § 2, p. 199;
Laws 2005, LB 54, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1311 - Instruments; signatures; illegible; refusal to file.

23-1311.
Instruments; signatures; illegible; refusal to file.
The name or names of each signer of an instrument presented for filing or recording in the office of the county clerk or register of deeds, including the name of any notary or official taking the acknowledgment, shall be typewritten or legibly printed beneath such signature. The county clerk or register of deeds may refuse to accept and file any instrument failing to meet the requirements of this section, except that if the county clerk or register of deeds determines that all signatures on the instrument are legible, the county clerk or register of deeds shall not refuse to file the instrument.
Source
Laws 1959, c. 90, § 1, p. 400;
Laws 2018, LB786, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1313 - Name of farm, ranch, or home; registration.

23-1313.
Name of farm, ranch, or home; registration.
The owner of any farm, ranch, or home may, upon the payment of one dollar to the county clerk of the county in which such farm, ranch, or home is located, have the name of the farm, ranch, or home duly recorded in a register to be kept by the county clerk for that purpose and may receive a certificate, under the seal of such office, setting forth the name of the farm, ranch, or home, its description by the United States survey, and the name of the owner. When any name of a farm, ranch, or home has been so recorded, such name shall not be recorded as the name of any other farm, ranch, or home in the same county unless plain designating words are prefixed, affixed, or both prefixed and affixed to the name. Upon the recording of a certified transfer of a name by the owner of the farm, ranch, or home, the certified transfer shall be made an additional part of the records so kept.
Source
Laws 1911, c. 84, § 1, p. 338;
R.S.1913, § 3093;
C.S.1922, § 2833;
C.S.1929, § 40-118;
R.S.1943, § 40-118;
R.S.1943, (1988), § 40-118;
Laws 1989, LB 12, § 1;
R.S.1943, (1996), § 61-105.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1401 - County comptroller; qualifications; duties.

23-1401.
County comptroller; qualifications; duties.
In any county in which a city of the metropolitan class is located, there is hereby created the office of county comptroller for such county, and the county clerk of such county shall be the ex officio county comptroller for the county. The county comptroller shall act as the general accountant and fiscal agent of the county and shall exercise a general supervision over all officers of the county charged in any manner with the receipt, collection, or disbursement of the county revenue. The county comptroller shall be a competent bookkeeper and accountant, and it shall be his or her duty to keep a complete set of books in which, among other things, the amount of the appropriation that has been made on the fund that has been expended on account of such appropriation fund shall be stated. It shall be the duty of the county comptroller to audit all claims filed against the county and prepare a report thereon to the county board of such county. The county comptroller shall also keep accurate and separate accounts between the county and officers of the county, and between the county and all contractors or other persons doing work or furnishing material for the county. The county comptroller shall also examine and check the reports of all officers of the county. The county comptroller shall prepare and file the required annual inventory statement of county personal property in his or her custody or possession, as provided in sections 23-346 to 23-350.
Source
Laws 1915, c. 181, § 1, p. 369;
C.S.1922, § 4937;
C.S.1929, § 26-1101;
Laws 1939, c. 28, § 12, p. 152;
C.S.Supp.,1941, § 26-1101;
R.S.1943, § 23-1401;
Laws 1947, c. 62, § 7, p. 201;
Laws 1991, LB 798, § 6;
Laws 2010, LB475, § 1.
Annotations
Special investigation of certain county records as requested by grand jury was not service required to be performed by county comptroller. Campbell v. Douglas County, 142 Neb. 773, 7 N.W.2d 764 (1943).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1402 - Treasurer's account; how kept.

23-1402.
Treasurer's account; how kept.
The county comptroller shall keep a distinct account with the county treasurer for each several term for which the county treasurer may be elected, in a book to be provided for that purpose, commencing from the day on which the county treasurer became qualified, and continuing until the same or other person is qualified as county treasurer. In this account, the county comptroller shall charge the county treasurer with the amount of taxes levied and assessed in each year, as the same appears on each tax list, delivered to the county comptroller while in office; with the amount of money and with the amount of state, county, and general fund warrants, road orders, or other evidences of indebtedness, which the county treasurer may have been authorized to receive from the predecessors in the office; with the amount of any additional assessments made after the delivery of any tax list, with the amount of any additional penalty added to the taxes, after the same became delinquent according to law; with the amount due the county for advertising lands for sale for delinquent taxes; with the amount received from the sale of any property, belonging to the county; with the amount received as fines and forfeitures; with the amount received from dram shop, tavern, grocery, and other licenses; and with the amount of money received from any other source authorized by law. Upon presentation of proper vouchers, the county comptroller shall credit the county treasurer with the amount of all county tax which has been paid over to the proper authority and receipted for; with the amount of county warrants received by the county treasurer, and returned to the county board and canceled; with the amount of delinquent taxes and any additional penalty due thereon; with the amount due on lands and lots for advertising the same for sale; with the amount of double and erroneous assessments of property; with the amount of percentage fees allowed by law to the county treasurer for collecting taxes; with the amount of money and the amount of warrants or orders or other evidences of indebtedness which the county treasurer is allowed by law to receive for taxes, which the county treasurer pays over to the successor in the office; and with the amount of taxes uncollected on the tax lists delivered over to the successor in the office.
Source
Laws 1915, c. 181, § 2, p. 369;
C.S.1922, § 4938;
C.S.1929, § 26-1102;
R.S.1943, § 23-1402;
Laws 2018, LB786, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1403 - Record of claims; assistants; appointment; absence or disability; power of deputy.

23-1403.
Record of claims; assistants; appointment; absence or disability; power of deputy.
The county comptroller shall perform such other duties as may be required by law. The county comptroller shall keep a record of all claims filed against the county, and the claims themselves the county comptroller shall keep on file in the office. The county comptroller is hereby authorized and empowered to appoint the necessary help to be paid by the county, but for whose acts and doings the county comptroller shall be responsible. During the absence of or disability to act as the county comptroller, the deputy is hereby authorized to do and perform any and all acts that might by the county comptroller be done and performed if present.
Source
Laws 1915, c. 181, § 3, p. 370;
C.S.1922, § 4939;
C.S.1929, § 26-1103;
R.S.1943, § 23-1403;
Laws 2018, LB786, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1404 - Powers; limitation.

23-1404.
Powers; limitation.
All duties given and delegated to the county comptroller, which are performed or exercised by other county officials of such county, are hereby expressly taken from such county officials and made the special duty and obligation of the county comptroller;
Provided,
that no duty required to be performed or power exercised shall be taken from any county official which shall be necessary for the proper performance of any duty required by law of such official which is not hereby made the special duty of the county comptroller.
Source
Laws 1915, c. 181, § 4, p. 370;
C.S.1922, § 4940;
C.S.1929, § 26-1104;
R.S.1943, § 23-1404.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1405 - Salary; determination.

23-1405.
Salary; determination.
In counties having a county comptroller, as provided for in section 23-1401, such comptroller may receive a salary as determined by the county board.
Source
Laws 1917, c. 167, § 1, p. 376;
C.S.1922, § 4941;
C.S.1929, § 26-1105;
R.S.1943, § 23-1405;
Laws 1991, LB 798, § 7;
Laws 1995, LB 729, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1407 - County comptroller; office; equipment.

23-1407.
County comptroller; office; equipment.
In all counties having a county comptroller, the county board shall provide suitable office room, fireproof vaults of sufficient capacity, necessary books, blanks, stationery, clerks, and office furniture for the use of said county comptroller.
Source
Laws 1907, c. 38, § 1, p. 174;
R.S.1913, § 1107;
C.S.1922, § 1041;
C.S.1929, § 26-735;
R.S.1943, § 23-1407.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1501 - Register of deeds; office, equipment, and supplies; residency.

23-1501.
Register of deeds; office, equipment, and supplies; residency.
In each county that has a register of deeds, the county board shall provide suitable office room, fireproof vaults of sufficient capacity, and necessary books, blanks, stationery, and office furniture for the use of the register of deeds.
A register of deeds elected after November 1986 need not be a resident of the county when he or she files for election as register of deeds, but a register of deeds shall reside in a county for which he or she holds office.
Source
Laws 1887, c. 30, § 2, p. 364;
R.S.1913, § 5616;
C.S.1922, § 4943;
C.S.1929, § 26-1201;
R.S.1943, § 23-1501;
Laws 1986, LB 812, § 4;
Laws 1989, LB 24, § 1;
Laws 1996, LB 1085, § 32.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1501.01 - Register of deeds; deputy; appointment; oath; duties.

23-1501.01.
Register of deeds; deputy; appointment; oath; duties.
When authorized by the county board, the register of deeds may appoint one or more deputies for whose acts he or she will be responsible. The register of deeds may not appoint the county treasurer, sheriff, clerk, or surveyor as deputy.
The appointment shall be in writing and revocable in writing by the register of deeds. 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 register of deeds which shall be endorsed upon and filed with the certificate of appointment. The register of deeds may require a bond of the deputy.
In the absence or disability of the register of deeds, the deputy shall perform the duties of the register of deeds pertaining to the office, but when the register of deeds is required to act in conjunction with or in place of another officer, the deputy cannot act in the place of the register of deeds.
Source
Laws 1990, LB 821, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1502 - County clerk ex officio register of deeds, when.

23-1502.
County clerk ex officio register of deeds, when.
Unless a register of deeds is elected pursuant to section 32-518, the county clerk shall perform all the duties imposed by law upon the register of deeds and shall be ex officio register of deeds.
Source
Laws 1887, c. 30, § 3, p. 364;
R.S.1913, § 5617;
C.S.1922, § 4944;
C.S.1929, § 26-1202;
R.S.1943, § 23-1502;
Laws 1989, LB 24, § 2;
Laws 1994, LB 76, § 542.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1503 - Record of instruments; form.

23-1503.
Record of instruments; form.
The register of deeds shall keep a book or computerized system, as provided by section 23-1517.02, in which every instrument filed for record in his or her office shall be entered at the time of filing the same. Such books or computerized systems shall show the final disposition of such instrument and, if in book form, be as nearly as practicable in the following form:
Where
Recorded
Date
of
Delivery
The
Grantor
Character
Book
Page
Month
Day
Year
Party
Grantee
of
To
Instrument
Whom
Delivered
Source
Laws 1887, c. 30, § 4, p. 365;
R.S.1913, § 5618;
C.S.1922, § 4945;
C.S.1929, § 26-1203;
R.S.1943, § 23-1503;
Laws 1984, LB 679, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1503.01 - Instrument submitted for recording; requirements.

23-1503.01.
Instrument submitted for recording; requirements.
(1) Any instrument submitted for recording in the office of the register of deeds shall contain a blank space at the top of the first page which is at least three inches by eight and one-half inches in size for recording information required by section 23-1510 by the register of deeds. If this space or the information required by such section is not provided, the register of deeds may add a page or use the back side of an existing page and charge for the page a fee established by section 33-109 for the recording of an instrument. No attachment or affirmation shall be used in any way to cover any information or printed material on the instrument.
(2) Printed forms primarily intended to be used for recordation purposes shall have a one-inch margin on the two vertical sides and a one-inch margin on the bottom of the page. Nonessential information such as page numbers or customer notations may be placed within the side and bottom margins.
(3) All instruments submitted for recording shall measure at least eight and one-half inches by eleven inches and not larger than eight and one-half inches by fourteen inches. The instrument shall be printed, typewritten, or computer-generated in black ink on a white background if submitted electronically or on white paper of not less than twenty-pound weight without watermarks or other visible inclusions. The instrument shall be sufficiently legible to allow for a readable copy to be reproduced using the method of reproduction used by the register of deeds. A font size of at least eight points shall be presumed to be sufficiently legible. Each signature on an instrument shall be in black or dark blue ink and of sufficient color and clarity to ensure that the signature is readable when the instrument is reproduced. The signature may be a digital signature or an electronic signature. The name of each party to the instrument shall be typed, printed, or stamped beneath the original signature. An embossed or inked stamp shall not cover or otherwise materially interfere with any part of the instrument.
(4) This section does not apply to:
(a) Instruments signed before August 27, 2011;
(b) Instruments executed outside of the United States;
(c) Certified copies of instruments issued by governmental agencies, including vital records;
(d) Instruments signed by an original party who is incapacitated or deceased at the time the instruments are presented for recording;
(e) Instruments formatted to meet court requirements;
(f) Federal and state tax liens;
(g) Forms prescribed by the Uniform Commercial Code; and
(h) Plats, surveys, or drawings related to plats or surveys.
(5) The changes made to this section by Laws 2011, LB254, do not affect the duty of a register of deeds to file an instrument presented for recordation as set forth in sections 23-1506 and 76-237.
Source
Laws 1990, LB 1153, § 52;
Laws 1995, LB 288, § 1;
Laws 2011, LB254, § 1;
Laws 2017, LB535, § 1;
Laws 2019, LB186, § 19.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1504 - Seal; when required; certified copies.

23-1504.
Seal; when required; certified copies.
The register of deeds shall have and keep an official seal, which may be either an engraved or ink stamp seal, and which shall have included thereon the name of the county, register of deeds, and the word Nebraska, and he shall attach an impression or representation of said seal to every certificate made by him except such as are required to be endorsed upon instruments filed in his office for record. Copies of any record in his office, certified under his hand and said official seal, shall be receivable in evidence in all respects in the same manner as the original records.
Source
Laws 1887, c. 30, § 31, p. 377;
R.S.1913, § 5619;
C.S.1922, § 4946;
C.S.1929, § 26-1204;
R.S.1943, § 23-1504;
Laws 1971, LB 653, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1505 - Acknowledgments; oaths; power to administer.

23-1505.
Acknowledgments; oaths; power to administer.
The register of deeds shall have power to take acknowledgments and administer oaths and to certify the same under his or her hand and official seal.
Source
Laws 1887, c. 30, § 32, p. 377;
R.S.1913, § 5620;
C.S.1922, § 4947;
C.S.1929, § 26-1205;
R.S.1943, § 23-1505;
Laws 1990, LB 821, § 4.
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 23 - County Government and Officers › 23-1506 - Documents; deeds and conveyances; recording; errors; inventory statement; duty to file; exceptions.

23-1506.
Documents; deeds and conveyances; recording; errors; inventory statement; duty to file; exceptions.
The register of deeds shall have the custody of and safely keep and preserve all books, records, maps, and papers kept or deposited in his or her office. He or she shall also record or cause to be recorded all deeds, mortgages, instruments, and writings presented to him or her for recording and left with him or her for that purpose. Plats and subdivisions are not authorized to be recorded if such plat or subdivision has not been approved by the city council, the village board of trustees, the agent of a city of the first or second class or of a village designated pursuant to section 19-916, or the governing body of the county, whichever is appropriate. When such deeds, mortgages, instruments, and writings are so recorded, it shall be the duty of the register of deeds to proofread or cause to be proofread such records. If an error should occur in recording any of the writings mentioned in this section thereby necessitating the rerecording of same, the expense thus incurred shall be paid out of the general fund of the county in the same way as any other claim, and the amount so paid shall be collected from the official responsible for the error or from his or her official bond. The register of deeds shall prepare and file the required annual inventory statement of county personal property in his or her custody or possession as provided in sections 23-346 to 23-350.
Source
Laws 1885, c. 41, § 3, p. 221;
Laws 1887, c. 30, § 5, p. 365;
Laws 1893, c. 14, § 1, p. 147;
R.S.1913, § 5621;
C.S.1922, § 4948;
C.S.1929, § 26-1206;
Laws 1939, c. 28, § 13, p. 153;
C.S.Supp.,1941, § 26-1206;
R.S.1943, § 23-1506;
Laws 1973, LB 241, § 1;
Laws 1982, LB 418, § 1;
Laws 1983, LB 71, § 13;
Laws 1984, LB 679, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1507 - Violations; penalty.

23-1507.
Violations; penalty.
Any register of deeds who shall neglect to perform any of the duties described in section 23-1506 shall be guilty of a Class IV misdemeanor.
Source
Laws 1893, c. 14, § 2, p. 147;
R.S.1913, § 5622;
C.S.1922, § 4949;
C.S.1929, § 26-1207;
R.S.1943, § 23-1507;
Laws 1977, LB 40, § 96.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1508 - Grantor and grantee index.

23-1508.
Grantor and grantee index.
The register of deeds shall keep a grantor and a grantee index of deeds in his or her office. If such index is in book form, the pages shall be divided into eight columns as follows:
GRANTOR INDEX
GRANTEE INDEX
Grantors
Grantees
Grantees
Grantors
Date of Filing
Date of Filing
Date of Instrument
Date of Instrument
Character of Instrument
Character of Instrument
Book
Book
Page
Page
Description of Tract
Description of Tract
Source
Laws 1885, c. 41, § 4, p. 221;
Laws 1887, c. 30, § 6, p. 365;
R.S.1913, § 5623;
C.S.1922, § 4950;
C.S.1929, § 26-1208;
R.S.1943, § 23-1508;
Laws 1984, LB 679, § 5.
Annotations
This statute is a check on numerical index statute to insure accuracy in ascertaining state of records as to titles to real estate. Crook v. Chilvers, 99 Neb. 684, 157 N.W. 617 (1916).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1509 - Grantor and grantee index; entries; form.

23-1509.
Grantor and grantee index; entries; form.
The entries in such index shall be double, the one showing the names of the respective grantors arranged in alphabetical order, and the other those of the grantees in like order. When there are two or more grantors having different surnames there must be as many distinct entries among the grantors as there are names, being alphabetically arranged in regard to each of such names. The same rule shall be followed in case of several grantees.
Source
Laws 1879, § 80, p. 376;
R.S.1913, § 5624;
C.S.1922, § 4951;
C.S.1929, § 26-1209;
R.S.1943, § 23-1509.
Annotations
Purpose of statute in requiring both general index and numerical index is to guard against blunders in recording. Crook v. Chilvers, 99 Neb. 684, 157 N.W. 617 (1916).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1510 - Instruments; endorsement, recording, and indexing; required information.

23-1510.
Instruments; endorsement, recording, and indexing; required information.
(1) The register of deeds shall endorse upon every instrument properly filed in his or her office for recording the minute, hour, day, month, and year when it was so filed and shall forthwith enter the same in the proper indices provided for in sections 23-1508 to 23-1517.02.
(2) Every instrument presented for recording shall have, on the first page below the three-inch margin prescribed in section 23-1503.01, the following information:
(a) A return address; and
(b) The title of the instrument.
(3) After the instrument has been recorded, the book and page or computer system reference where it may be found shall be endorsed thereon.
Source
Laws 1885, c. 41, § 5, p. 222;
Laws 1887, c. 30, § 7, p. 366;
R.S.1913, § 5625;
C.S.1922, § 4952;
C.S.1929, § 26-1210;
R.S.1943, § 23-1510;
Laws 1984, LB 679, § 6;
Laws 2011, LB254, § 3.
Annotations
Certificate of filing of instrument for record is sufficient prima facie proof that document was so filed. Smith Bros. v. Woodward, 94 Neb. 298, 143 N.W. 196 (1913).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1511 - Deed record; mortgage record; duty to keep.

23-1511.
Deed record; mortgage record; duty to keep.
In counties where the book form of recording instruments is used, different sets of books shall be provided for the recording of deeds and mortgages. In one of the sets all conveyances absolute in their terms and not intended as mortgages or as securities in the nature of mortgages shall be recorded, and in the other set such mortgages and securities shall be recorded.
Source
Laws 1879, § 81, p. 376;
R.S.1913, § 5626;
C.S.1922, § 4953;
C.S.1929, § 26-1211;
R.S.1943, § 23-1511;
Laws 1984, LB 679, § 7.
Annotations
Assignment for creditors, containing only personal property, need not be recorded with register of deeds, but should be filed within twenty-four hours. Lancaster County Bank v. Horn, 34 Neb. 742, 52 N.W. 562 (1892).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1512 - Construction Lien Record.

23-1512.
Construction Lien Record.
In counties where the book form of recording instruments is used, the register of deeds shall also keep a separate book to be called the Construction Lien Record in which all instruments provided by law for securing construction liens shall be recorded.
Source
Laws 1885, c. 41, § 6, p. 222;
Laws 1887, c. 30, § 8, p. 366;
R.S.1913, § 5627;
C.S.1922, § 4954;
C.S.1929, § 26-1212;
R.S.1943, § 23-1512;
Laws 1984, LB 679, § 8.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1513 - Numerical index.

23-1513.
Numerical index.
The register of deeds shall keep a numerical index. If the book form of recording is used, such index shall be as nearly as practicable in the following form:
Numerical Index
Section
Township
N.E.
1/4
N.W.
1/4
Grantee
Grantor
Kind of Instrument
County, Nebraska
Range
S.W.
1/4
S.E.
1/4
Acres
Book
Page
Remarks
Source
Laws 1885, c. 41, § 7, p. 222;
Laws 1887, c. 30, § 9, p. 366;
R.S.1913, § 5628;
C.S.1922, § 4955;
C.S.1929, § 26-1213;
R.S.1943, § 23-1513;
Laws 1984, LB 679, § 9.
Annotations
Abstracter must consult numerical index as well as general index. Crook v. Chilvers, 99 Neb. 684, 157 N.W. 617 (1916).
Index is a public record, and register of deeds must report fees received for certified copy of same. State ex rel. Miller v. Sovereign, 17 Neb. 173, 22 N.W. 353 (1885).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1514 - Numerical index; entries.

23-1514.
Numerical index; entries.
It shall be the duty of the register of deeds on receiving any conveyance or instrument affecting realty, including construction liens, to cause such conveyance or instrument to be entered upon the numerical index immediately after filing if such conveyance or instrument contains or has an exhibit attached containing the full legal description of the realty affected. Instruments purporting to release, assign, or amend a conveyance or instrument previously recorded shall contain the book and page number or microfilm or computer reference of the previously recorded instrument and a full legal description of the realty affected.
Source
Laws 1885, c. 41, § 8, p. 223;
Laws 1887, c. 30, § 10, p. 367;
R.S.1913, p. 5629;
C.S.1922, § 4956;
C.S.1929, § 26-1214;
R.S.1943, § 23-1514;
Laws 1990, LB 1153, § 53.
Annotations
Numerical index and general index should both be checked by abstracter. Crook v. Chilvers, 99 Neb. 684, 157 N.W. 617 (1916).
Failure to enter mechanic's lien on numerical index does not defeat the lien if the claim for lien has in all other respects been properly recorded. Drexel v. Richards, 50 Neb. 509, 70 N.W. 23 (1897).
If deed is taken to office and fees paid therefor, it is valid as against world. Deming v. Miles, 35 Neb. 739, 53 N.W. 665 (1892); Perkins v. Strong, 22 Neb. 725, 36 N.W. 292 (1888).
Fees for certified copies of numerical index must be reported. State ex rel. Frontier County v. Kelly, 30 Neb. 574, 46 N.W. 714 (1890).
Error in entering on numerical index, where otherwise properly indexed and recorded, cannot be urged by subsequent purchasers. Lincoln B. & S. Assn. v. Hass, 10 Neb. 581, 7 N.W. 327 (1880).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1515 - Numerical index; instrument; certificate of entry.

23-1515.
Numerical index; instrument; certificate of entry.
After such instrument has been so indexed the register of deeds shall endorse on said instrument a certificate showing that the same has been indexed as herein required, and shall thereafter record said instrument as provided by law.
Source
Laws 1885, c. 41, § 9, p. 223;
Laws 1887, c. 30, § 11, p. 367;
R.S.1913, § 5630;
C.S.1922, § 4957;
C.S.1929, § 26-1215;
R.S.1943, § 23-1515.
Annotations
Certificate of filing signed by one purporting to be register of deeds or deputy is prima facie proof that document is filed. Smith Bros. v. Woodward, 94 Neb. 298, 143 N.W. 196 (1913).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1516 - Miscellaneous Record.

23-1516.
Miscellaneous Record.
The register of deeds, if using the book form of recording, shall keep a separate book to be called the Miscellaneous Record in which all instruments and writings not entitled to be recorded in any of the books herein provided for shall be recorded.
Source
Laws 1885, c. 41, § 10, p. 224;
Laws 1887, c. 30, § 12, p. 367;
R.S.1913, § 5631;
C.S.1922, § 4958;
C.S.1929, § 26-1216;
R.S.1943, § 23-1516;
Laws 1984, LB 679, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1517 - Records; other indices.

23-1517.
Records; other indices.
The register of deeds shall keep indices showing all mortgages, including documents provided for in subdivision (a)(1) of section 9-501, Uniform Commercial Code, and discharges thereof left for record, and entitled to be recorded, in the same form as is required for deeds. He or she shall also keep a separate index to the volumes of construction lien records and to the volumes of miscellaneous records.
Source
Laws 1885, c. 41, § 11, p. 224;
Laws 1887, c. 30, § 13, p. 368;
R.S.1913, § 5632;
C.S.1922, § 4959;
C.S.1929, § 26-1217;
R.S.1943, § 23-1517;
Laws 1969, c. 167, § 1, p. 743;
Laws 1999, LB 550, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1517.01 - Records; microfilm; requirements.

23-1517.01.
Records; microfilm; requirements.
The recording of all instruments by the roll form of microfilm may be substituted for the method of recording instruments in books, and the filing of all documents by the roll form of microfilm may be substituted for the method of filing original documents. If this method of recording instruments on microfilm or filing documents on microfilm is used, the original instruments so recorded and the original documents so filed need not be retained after the microfilm has been verified for accuracy and quality, and a security copy on silver negative microfilm in roll form must be maintained and filed off premises under safe conditions to insure the protection of the records and shall meet the microfilm standards as prescribed by the State Records Administrator as provided in sections 84-1201 to 84-1220. The fee books shall provide the proper index information as to the microfilm roll and numerical sequence of all such recorded instruments and of all such filed documents. The internal reference copies or work copies of the instruments recorded on microfilm and of documents filed on microfilm may be in any photographic form to provide the necessary information as may be determined by the official in charge.
Source
Laws 1969, c. 167, § 2, p. 743;
Laws 1973, LB 224, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1517.02 - Records; computerized system of indexing; authorized.

23-1517.02.
Records; computerized system of indexing; authorized.
(1) The register of deeds may use a computerized system of indexing for deeds and conveyances, mortgages, the Construction Lien Record index, the Miscellaneous Record index, the federal lien index, the fee book, and all other supplemental indices that may be contained in such office and may combine such indices into one Land Record index. If a computerized system of indexing is used, the register of deeds may maintain a printout of all records stored in the computer system and shall have a security backup system for data and other programs in an electronic medium which shall be stored in a secure location. If maintained, the printout shall consist of a record of fees, a numerical tract index, and an alphabetical general index.
(2) In counties which do not use the computerized system provided in subsection (1) of this section, the register of deeds shall use the separate book or microfilm form of recording instruments as required prior to July 10, 1984.
Source
Laws 1984, LB 679, § 1;
Laws 1988, LB 933, § 1;
Laws 1998, LB 33, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1527 - Bankruptcy proceedings; recording; fee.

23-1527.
Bankruptcy proceedings; recording; fee.
A certified copy of a petition, with schedules omitted, commencing a proceeding under the laws of the United States relating to bankruptcy or a certified copy of the decree of adjudication or a certified copy of an order approving the bond of the trustee appointed in such proceedings shall be filed, indexed, and recorded in the office of the register of deeds of the county in which is located real property in which the bankrupt has an interest in the same manner as federal liens are filed, indexed, and recorded pursuant to the Uniform Federal Lien Registration Act. The filing fee for such recording shall be the same as the fee for filing and recording as set forth in section 9-525, Uniform Commercial Code. The register of deeds shall file the notices in a file kept for such purpose and designated Notice of Bankruptcy Proceedings, except that in offices filing by the roll form of microfilm pursuant to section 23-1517.01, the original notices need not be retained.
Source
Laws 1965, c. 450, § 1, p. 1422;
Laws 1969, c. 433, § 8, p. 1459;
Laws 1973, LB 224, § 8;
Laws 1988, LB 933, § 2;
Laws 1999, LB 550, § 2.
Cross References
For fees for filing and recording federal tax liens, see section 52-1004.
Uniform Federal Lien Registration Act, see section 52-1007.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1528 - Printed form; noncompliance; effect.

23-1528.
Printed form; noncompliance; effect.
Any printed form accepted for recordation that does not comply with sections 23-1503 to 23-1527 shall not affect the validity of or the notice otherwise given by the recording.
Source
Laws 2011, LB254, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1601.01 - Residency requirement.

23-1601.01.
Residency requirement.
A county treasurer elected after November 1986 need not be a resident of the county when he or she files for election as county treasurer, but a county treasurer shall reside in a county for which he or she holds office.
Source
Laws 1986, LB 812, § 5;
Laws 1996, LB 1085, § 33.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1601.02 - County treasurer; deputy; appointment; oath; duties.

23-1601.02.
County treasurer; deputy; appointment; oath; duties.
The county treasurer may appoint a deputy for whose acts he or she will be responsible. The treasurer may not appoint the county clerk, sheriff, register of deeds, or surveyor as deputy.
The appointment shall be in writing and revocable in writing by the treasurer. 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 treasurer which shall be endorsed upon and filed with the certificate of appointment. The treasurer may require a bond of the deputy.
In the absence or disability of the treasurer, the deputy shall perform the duties of the treasurer pertaining to the office, but when the treasurer is required to act in conjunction with or in place of another officer, the deputy cannot act in the treasurer's place.
Source
Laws 1990, LB 821, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1602 - Warrants; nonpayment for want of funds; endorsement; interest.

23-1602.
Warrants; nonpayment for want of funds; endorsement; interest.
All warrants issued by the county board shall, upon being presented for payment, if there are not sufficient funds in the treasury to pay the same, be endorsed by the county treasurer not paid for want of funds, and the county treasurer shall also endorse thereon the date of such presentation and sign his or her name thereto. Warrants so endorsed shall draw interest from the date of such endorsement, at the rate to be fixed by the county board at the time of issuance and inserted in the warrant. No account or claim whatsoever against a county, which has been allowed by the county board, shall draw interest until a warrant has been drawn in payment thereof and endorsed as provided in this section.
Source
Laws 1879, § 92, p. 379;
R.S.1913, § 5638;
C.S.1922, § 4965;
C.S.1929, § 26-1302;
R.S.1943, § 23-1602;
Laws 1947, c. 171, § 1, p. 518;
Laws 1969, c. 51, § 87, p. 329;
Laws 2018, LB786, § 5.
Annotations
County is not liable for interest prior to judgment on claim to recover invalid special assessment. McClary v. County of Dodge, 176 Neb. 627, 126 N.W.2d 849 (1964).
County treasurer undertaking to pay unallowed salary claims against county from sinking fund without warrant cannot take assignments of claims and thereafter recover thereon as valid obligation of county unless sinking funds are reimbursed prior thereto. Woods v. Brown County, 125 Neb. 256, 249 N.W. 601 (1933).
Interest cannot be allowed against county unless so provided by statute or by a contract therefor lawfully made. Central Bridge & Construction Co. v. Saunders County, 106 Neb. 484, 184 N.W. 220 (1921).
Interest may be allowed against county in favor of state for money wrongfully withheld by county. State v. Stanton County, 100 Neb. 747, 161 N.W. 264 (1917).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1603 - Violations; penalty.

23-1603.
Violations; penalty.
If any county treasurer neglects or refuses to render any account or settlement required by law, fails or neglects to account for any balance due the state, county, township, school district, or any other municipal subdivision, or is guilty of any other misconduct in office, the county board may forthwith remove the county treasurer from office, and appoint some suitable person to perform the duties of the county treasurer until a successor is elected or appointed and qualified.
Source
Laws 1879, § 94, p. 380;
R.S.1913, § 5640;
C.S.1922, § 4967;
C.S.1929, § 26-1304;
R.S.1943, § 23-1603;
Laws 2018, LB786, § 6.
Annotations
Turning over to successor certificates of deposit is not payment over of money. Cedar County v. Jenal, 14 Neb. 254, 15 N.W. 369 (1883).
In removal of county treasurer, county board must follow statutory provisions for removal of county officers, and judgment of ouster is necessary. State ex rel. Craig v. Sheldon, 10 Neb. 452, 6 N.W. 757 (1880).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1605 - Semiannual statement; publication.

23-1605.
Semiannual statement; publication.
(1)(a) During the months of January and July of each year, the county treasurer shall cause a tabulated statement of the affairs of the county treasurer's office to be published in a legal newspaper published in the county. In counties having more than two hundred fifty thousand inhabitants, the statement shall be published in a daily legal newspaper published in the county.
(b) If no legal newspaper is published in the county, the statement shall be published in a legal newspaper of general circulation within the county.
(c) The county shall pay the newspaper reasonable compensation for the publication of such statement.
(d) The statement shall show the receipts and disbursements of the county treasurer's office for the last preceding six months ending June 30 and December 31, including (i) the amount of money received and for what fund category, (ii) the amount of disbursements and from what fund category, (iii) the ending fund balance in each fund category, (iv) the amount of outstanding warrants or orders registered and unpaid, (v) the total balance, and (vi) the total amount of unpaid claims of the county as of June 30 and December 31 of each year, as certified to the county treasurer by the county clerk.
(2) The county treasurer may also publish the statement on a website maintained by the county.
(3) If a newspaper cannot publish the statement in a timely manner, publication on a county's website shall be considered compliance with subsection (1) of this section.
Source
Laws 1883, c. 21, § 1, p. 182;
Laws 1901, c. 23, § 1, p. 329;
R.S.1913, § 5642;
C.S.1922, § 4969;
C.S.1929, § 26-1306;
R.S.1943, § 23-1605;
Laws 1967, c. 131, § 1, p. 415;
Laws 1974, LB 937, § 1;
Laws 2018, LB786, § 7;
Laws 2020, LB781, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1609 - Audit; requirements.

23-1609.
Audit; requirements.
Such examination and audit shall be conducted in conformity with generally accepted auditing standards applied on a consistent basis and shall develop the county's financial condition, the condition of each county fund, and the disposition of all money collected or received. Such examination and audit shall be a full and complete audit of the cash receipts and disbursements and shall reflect in supplementary schedules the state of each county fund from which the respective claims are payable.
Source
Laws 1893, c. 15, § 2, p. 148;
R.S.1913, § 5646;
C.S.1922, § 4973;
C.S.1929, § 26-1310;
Laws 1937, c. 57, § 2, p. 232;
C.S.Supp.,1941, § 26-1310;
R.S.1943, § 23-1609;
Laws 1979, LB 414, § 2;
Laws 2000, LB 692, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1611 - County officers; uniform system of accounting; duty of Auditor of Public Accounts; individual ledger sheets; approval.

23-1611.
County officers; uniform system of accounting; duty of Auditor of Public Accounts; individual ledger sheets; approval.
The Auditor of Public Accounts shall establish a uniform system of accounting for all county officers. The system, when established, shall be installed and used by all county officers, except that any county with a population of one hundred thousand or more inhabitants may use an accounting system that utilizes generally accepted accounting principles. With the prior approval of the Tax Commissioner, the county board of any county may direct that for all purposes of assessment of property, and for the levy and collection of all taxes and special assessments, there shall be used only individual ledger sheets or other tax records suitable for use in connection with electronic data processing equipment or other mechanical office equipment, to be used in accordance with procedures to be approved by the Tax Commissioner. To the extent practicable, the accounting system established for county officers shall be the same system established for state agencies.
Source
Laws 1893, c. 15, § 4, p. 149;
R.S.1913, § 5648;
Laws 1919, c. 73, § 3, p. 191;
Laws 1919, c. 76, § 3, p. 197;
C.S.1922, § 4975;
C.S.1929, § 26-1312;
Laws 1937, c. 57, § 4, p. 233;
C.S.Supp.,1941, § 26-1312;
R.S.1943, § 23-1611;
Laws 1967, c. 132, § 1, p. 415;
Laws 1969, c. 168, § 1, p. 744;
Laws 1995, LB 154, § 1;
Laws 1995, LB 490, § 24;
Laws 2007, LB334, § 4.
Annotations
Auditor of Public Accounts represents the state in settlements between the State Treasurer and the various county treasurers. State v. Ure, 102 Neb. 648, 168 N.W. 644 (1918).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1612 - County offices; audit; refusal to exhibit records; penalty.

23-1612.
County offices; audit; refusal to exhibit records; penalty.
Every county officer, and the deputy and assistants of every county officer shall, on demand, exhibit to any examiner all books, papers, records, and accounts pertaining to the office and shall truthfully answer all questions asked by such examiner touching the affairs of the office. Any person who fails or refuses to comply with this section shall be guilty of a Class V misdemeanor.
Source
Laws 1893, c. 15, § 5, p. 149;
R.S.1913, § 5649;
Laws 1919, c. 73, § 4, p. 191;
Laws 1919, c. 76, § 4, p. 197;
C.S.1922, § 4976;
C.S.1929, § 26-1313;
R.S.1943, § 23-1612;
Laws 1977, LB 40, § 97;
Laws 2018, LB786, § 8.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1616 - Cashier's bonds; amount.

23-1616.
Cashier's bonds; amount.
In all counties in the State of Nebraska having a population of two hundred thousand or more, where clerks are employed as cashiers and as such handle public funds, said clerks shall give bond in like manner as provided for county treasurers and deputy county treasurers in said counties. The bonds shall be in such sum as the county boards of said counties may determine, and the premium of the bonds shall be paid for as is now provided for said county treasurers and deputy county treasurers.
Source
Laws 1931, c. 37, § 1, p. 130;
C.S.Supp.,1941, § 26-1317;
R.S.1943, § 23-1616.
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 23 - County Government and Officers › 23-1701 - Sheriff; general duties; residency.

23-1701.
Sheriff; general duties; residency.
It is the duty of the sheriff to serve or otherwise execute, according to law, and return writs or other legal process issued by lawful authority and directed or committed to the sheriff and to perform such other duties as may be required by law. The county sheriff shall prepare and file the required annual inventory statement of county personal property in his or her custody or possession as provided in sections 23-346 to 23-350.
A sheriff elected after November 1986 need not be a resident of the county when he or she files for election as sheriff, but a sheriff shall reside in a county for which he or she holds office.
Source
Laws 1879, § 116, p. 384;
R.S.1913, § 5653;
C.S.1922, § 4980;
C.S.1929, § 26-1401;
Laws 1939, c. 28, § 15, p. 154;
C.S.Supp.,1941, § 26-1401;
R.S.1943, § 23-1701;
Laws 1986, LB 812, § 6;
Laws 1996, LB 1085, § 34.
Cross References
Designate persons for vehicle identification inspections, see section 60-182 et seq.
Annotations
In the absence of instructions from owner of judgment or his attorney not to do so, it is the duty of sheriff to levy and make return to execution placed in his hands. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).
Where one charged with felony is out on bail, and he is charged in court of another county with another separate and distinct felony, he is not immune to arrest on second charge, and it is duty of any sheriff in whose hands is placed warrant for his arrest on the second charge to take him into custody. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).
Venue of summons, laid in county where suit started and directed to sheriff of county where defendant resided, is proper. Alden Mercantile Co. v. Randall, 102 Neb. 738, 169 N.W. 433 (1918).
Return includes certification of service and delivery of writ to office from which it issued. Graves v. Macfarland, 58 Neb. 802, 79 N.W. 707 (1899).