§ 33-117 — Sheriffs; fees; disposition; mileage; report to county board

Nebraska § 33-117

• Jurisdiction: Nebraska
• Ch. 33: Fees and Salaries

Text

(1) The several sheriffs shall charge and collect fees at the rates specified in this section. The rates shall be as follows: (a) Serving a capias with commitment or bail bond and return, two dollars; (b) serving a search warrant, two dollars; (c) arresting under a search warrant, two dollars for each person so arrested; (d) unless otherwise specifically listed in subdivisions (f) through (s) of this subsection, serving a summons, subpoena, order of attachment, order of replevin, other order of the court, notice of motion, other notice, other writ or document, or any combination thereof, including any accompanying or attached documents, twelve dollars for each person served, except that when more than one person is served at the same time and location in the same case, the service fee shall be twelve dollars for the first person served at that time and location and three dollars for each other person served at that time and location; (e) making a return of each summons, subpoena, order of attachment, order of replevin, other order of the court, notice of motion, other notice, or other writ or document, whether served or not, six dollars; (f) taking and filing a replevin bond or other indemnification to be furnished and approved by the sheriff, one dollar; (g) making a copy of any process, bond, or other paper not otherwise provided for in this section, twenty-five cents per page; (h) traveling each mile actually and necessarily traveled within or without their several counties in their official duties, three cents more per mile than the rate provided in section 81-1176 , except that the minimum fee shall be fifty cents when the service is made within one mile of the courthouse, and, as far as is expedient, all papers in the hands of the sheriff at any one time shall be served in one or more trips by the most direct route or routes and only one mileage fee shall be charged for a single trip, the total mileage cost to be computed as a unit for each trip and the combined mileage cost of each trip to be prorated among the persons or parties liable for the payment of same; (i) levying a writ or a court order and return thereof, eighteen dollars; (j) summoning a grand jury, not including mileage to be paid by the county, ten dollars; (k) summoning a petit jury, not including mileage to be paid by the county, twelve dollars; (l) summoning a special jury, for each person impaneled, fifty cents; (m) calling a jury for a trial of a case or cause, fifty cents; (n) executing a writ of restitution or a writ of assistance and return, eighteen dollars; (o) calling an inquest to appraise lands and tenements levied on by execution, one dollar; (p) calling an inquest to appraise goods and chattels taken by an order of attachment or replevin, one dollar; (q) advertising a sale in a newspaper in addition to the price of printing, one dollar; (r) advertising in writing for a sale of real or personal property, five dollars; and (s) making deeds for land sold on execution or order of sale, five dollars.
(2)(a) Except as provided in subdivision (b) of this subsection, the commission due a sheriff on an execution or order of sale, an order of attachment decree, or a sale of real or personal property shall be: For each dollar not exceeding four hundred dollars, six cents; for every dollar above four hundred dollars and not exceeding one thousand dollars, four cents; and for every dollar above one thousand dollars, two cents.
(b) In real estate foreclosure, when any party to the original action purchases the property or when no money is received or disbursed by the sheriff, the commission shall be computed pursuant to subdivision (a) of this subsection but shall not exceed two hundred dollars.
(3) The sheriff shall, on the first Tuesday in January, April, July, and October of each year, make a report to the county board showing (a) the different items of fees collected, from whom, at what time, and for what service, (b) the total amount of the fees collected by the officer since the last report, and (c) the amount collected for the current year. All fees collected by the sheriff, except mileage fees when the sheriff or his or her employee is using a personal vehicle, shall be paid to the county treasurer who shall credit the fees to the general fund of the county.
(4) Any future adjustment made to the reimbursement rate provided in subsection (1) of this section shall be deemed to apply to all provisions of law which refer to this section for the computation of mileage.
(5) All fees collected pursuant to this section, except fees for mileage accrued in a personal vehicle, by any constable who is a salaried employee of the State of Nebraska shall be remitted to the clerk of the county court. The clerk of the county court shall pay the same to the General Fund.

Legislative History

Source: R.S.1866, c. 19, § 5, p. 161; Laws 1877, § 1, p. 40; Laws 1877, § 5, p. 217; Laws 1907, c. 53, § 1, p. 225; R.S.1913, §§ 2421, 2441; Laws 1915, c. 37, § 1, p. 106; Laws 1921, c. 102, § 1, p. 371; C.S.1922, §§ 2362, 2381; C.S.1929, §§ 33-101, 33-120; Laws 1933, c. 96, § 7, p. 386; Laws 1935, c. 79, § 1, p. 266; C.S.Supp.,1941, § 33-120; Laws 1943, c. 86, § 1(1), p. 286; R.S.1943, § 33-117; Laws 1947, c. 123, § 1, p. 358; Laws 1951, c. 266, § 1, p. 895; Laws 1953, c. 118, § 1, p. 373; Laws 1957, c. 70, § 5, p. 297; Laws 1959, c. 84, § 3, p. 385; Laws 1961, c. 161, § 1, p. 487; Laws 1961, c. 162, § 1, p. 489; Laws 1965, c. 186, § 1, p. 575; Laws 1967, c. 125, § 4, p. 401; Laws 1969, c. 273, § 1, p. 1037; Laws 1974, LB 625, § 3; Laws 1978, LB 691, § 3; Laws 1980, LB 615, § 3; Laws 1980, LB 628, § 2; Laws 1981, LB 204, § 51; Laws 1982, LB 662, § 1; Laws 1984, LB 394, § 9; Laws 1987, LB 223, § 1; Laws 1988, LB 1030, § 34; Laws 1996, LB 1011, § 22; Laws 2009, LB35, § 25; Laws 2024, LB1162, § 2. Cross References: For other provisions for fees of sheriff: Certificate of title, inspection fees, see section 60-158. Distraint and sale of taxpayer's property, see section 77-3906. Distress warrant, issuance, levy, and return, fee, see section 77-1720. Handgun, application, filing fee, see section 69-2404. Summons in error, see section 25-1904. Summons of county board of equalization, see section 77-1509. Summons out of county, see section 25-1713. Transporting mental health patients, see section 71-929. Transporting prisoners, see section 83-424. Annotations: 1. Reporting fees 2. Mileage 3. Miscellaneous 1. Reporting fees The provisions of this section requiring quarterly reports to the county board are mandatory. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924). Mandamus will lie to compel a county sheriff to comply with this section by reporting to the county commissioners the fees collected by him for his services attending on district court and summoning juries. State ex rel. Antelope County v. Miller, 98 Neb. 179, 152 N.W. 326 (1915). 2. Mileage Mileage fees earned by the deputy traveling in his own conveyance are the property of the deputy and not of the sheriff. State ex rel. Tomka v. Janing, 183 Neb. 76, 158 N.W.2d 213 (1968). Under this section, a sheriff is not required to report or pay into the county treasury the mileage fees earned and collected by him. Red Willow County v. Peterson, 91 Neb. 750, 137 N.W. 987 (1912). 3. Miscellaneous No commission is allowed where redemption is made from sheriff's sale. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967). Sheriff cannot make charge for making return to execution of no property found. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946). A sheriff is not entitled to any reward for the capture of a person who absconded after being charged with the crime of murder. Ward v. Adams, 95 Neb. 781, 146 N.W. 950 (1914). Under this section, as it existed in 1903, the fees pertaining to the office of sheriff belonged to the sheriff even though they might have been earned by his deputy, and in such a case, the sheriff could recover against the county without an assignment from the deputy. Dakota County v. Borowsky, 67 Neb. 317, 93 N.W. 686 (1903). A sheriff or his deputy is not entitled to a fee for making a search and return upon a distress warrant where no property subject to levy was found. Red Willow County v. Smith, 67 Neb. 213, 93 N.W. 151 (1903). A sheriff is not entitled to a commission upon money which never comes into his hands, but was paid directly by a purchaser to the plaintiff in a foreclosure suit. O'Shea v. Kavanaugh, 65 Neb. 639, 91 N.W. 578 (1902). An agreement that a sheriff shall be paid fees in excess of those prescribed by the statute for his services is contrary to public policy and void. Phoenix Ins. Co. v. McEvony, 52 Neb. 566, 72 N.W. 956 (1897). A sheriff is not entitled to a fee for his attendance during the trial of a civil action in a justice of the peace court. Kissinger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895). A sheriff is entitled to a commission on money paid to him by the purchaser at a foreclosure sale even though the money is in the form of a check which was later returned without being cashed. Kent v. Shickle, Harrison & Howard Iron Co., 42 Neb. 274, 60 N.W. 563 (1894).