Nebraska § 23-1701 Sheriff; general duties; residency; exception

Nebraska Statutes

§ 23-1701 — Sheriff; general duties; residency; exception

Nebraska·Ch. 23 County Government and Officers

(1)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 .

(2)Except as provided in subsection (3) of this section, 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.

(3)If there is no county sheriff elected pursuant to section 32-520 or if a vacancy occurs for any oth

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(1) 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 .
(2) Except as provided in subsection (3) of this section, 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.
(3) If there is no county sheriff elected pursuant to section 32-520 or if a vacancy occurs for any other reason, the county board of such county may appoint a law enforcement officer qualified pursuant to section 23-1701.01 from any Nebraska county to the office of county sheriff. In making such appointment, the county board shall enter into a contract with the appointed county sheriff, such contract to specify the terms and conditions of the appointment, including the compensation of the appointed county sheriff, which compensation shall not be subject to sections 23-1114.02 to 23-1114.06 .

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Legislative History

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; Laws 2024, LB894, § 1. 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).