Jailer; appointment; oath; liability of sheriff.
The jailer or keeper of the jail, unless the sheriff elects to act as jailer in person or unless a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, shall be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his or her office; Provided, the sheriff shall in all cases be liable for the negligence and misconduct of the jailer, as of other deputies.
Source:R.S.1866, c. 29, § 13, p. 246; R.S.1913, § 3541; C.S.1922, § 3008; C.S.1929, § 47-113; R.S.1943, § 47-115; Laws 1984, LB 394, § 19.
Deputy appointed by sheriff to act as jailer is public officer, and contract by him and county board, by which he agrees to perform duties for different compensation than fixed by law, is void as against public policy. Scott v. Scotts Bluff County, 106 Neb. 355, 183 N.W. 573 (1921).
It is optional with the sheriff as to whether he will discharge the duties of jailer himself, or place the burden upon a deputy. Afflerbach v. York County, 95 Neb. 611, 146 N.W. 1050 (1914).
Sheriff who performs no duties as jailer, but appoints another who performs same and receives compensation from county, is not entitled to fees as jailer. McFadden v. Cedar County, 95 Neb. 318, 145 N.W. 639 (1914).
Sheriff may act as jailer, or appoint deputy. If sheriff acts, he receives fees for services as jailer, and, if deputy acts, deputy receives the fees. Dunkel v. Hall County, 89 Neb. 585, 131 N.W. 973 (1911).