17-566 County jail; use by city; compensation.
17-566. County jail; use by city; compensation.Any city of the second class or village shall have the right to use the jail of the county for the confinement of such persons as may be imprisoned under the ordinances of such city or village. The city or village shall be liable to the county for the cost of keeping such prisoners as provided by section 47-120. SourceLaws 1879, § 73, p. 220; R.S.1913, § 5140; C.S.1922, § 4315; C.S.1929, § 17-506; Laws 1937, c. 85, § 2, p. 283; C.S.Supp.,1941, § 17-506; R.S.1943, § 17-566; Laws 1961, c. 47, § 2, p. 184; Laws 1989, LB 4, § 2. AnnotationsThe 1969 amendments of sections 15-264 and 47-306 did not affect sections 16-252 and 17-566. City of Grand Island v. County of Hall, 196 Neb. 282, 242 N.W.2d 858 (1976).Power of municipality to build a jail is necessarily implied and incident to the expressed power to enforce and collect fines, and such jail, properly constructed and suitably situated, is not per se a nuisance. Dunkin v. Blust, 83 Neb. 80, 119 N.W. 8 (1908).City is not liable to the sheriff but to the county for cost of keeping its prisoners, and the county is liable to the sheriff therefor. County of Douglas v. Coburn, 34 Neb. 351, 51 N.W. 965 (1892).