33-120 Fees; payment or security in advance; who may require.
33-120. Fees; payment or security in advance; who may require.The clerks of the Supreme Court and of each district court, the county judge, sheriff, constable, register of deeds, and county clerk may in all cases require the party for whom any service is to be rendered to pay the fees in advance of the rendition of such service, or give security for the same to be approved by the officer. SourceR.S.1866, c. 19, § 27, p. 171; R.S.1913, § 2445; C.S.1922, § 2385; C.S.1929, § 33-124; R.S.1943, § 33-120; Laws 1972, LB 1032, § 219; Laws 1979, LB 85, § 1. AnnotationsWhere sheriff demanded in advance fifty cents for return to execution of no property found, under mistake of law, he was not liable for extortion. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).This section, which is permissive in form, contemplates the giving of credit for fees and is a legislative recognition of that practice. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).It is the duty of the clerk of the district court to collect in advance all fees provided by the statute for any service required of him. State v. Several Parcels of Land, 82 Neb. 51, 117 N.W. 450 (1908).It is the duty of the clerk of the district court to require payment in advance or security for the payment of all fees for his services, and the sureties on his official bond are liable for all fees remaining uncollected at the expiration of his term. Boettcher v. Lancaster County, 74 Neb. 148, 103 N.W. 1075 (1905).Where a subpoena had been issued and delivered to a constable commanding him to summon jurors to hear a complaint before a justice of the peace charging a misdemeanor, the constable was not entitled to demand that his fees be paid in advance before he summoned the jurors. Beach v. State ex rel. Emmons, 27 Neb. 398, 43 N.W. 177 (1889).Court costs may be required to be paid in advance of the performance of the required service, and the fact that it is not done in all cases is due merely to official favor. Sechler & Brotherton v. Stark, 12 Neb. 242, 11 N.W. 320 (1882).