33-140.03 Unclaimed witness fees; duty of county board to make examination; failure of clerk to pay; suit authorized to recover. - Nebraska Statutes

33-140.03. Unclaimed witness fees; duty of county board to make examination; failure of clerk to pay; suit authorized to recover.The county board shall examine the books and dockets of the clerk of the county and district courts of the county. If the board finds that a clerk has failed to report or pay over any of the fees required by section 33-140 to be paid over or reported, the board shall notify the clerk to pay over the fees at once. If the clerk fails to pay over such fees to the county treasurer, the county board shall commence suit in any court having jurisdiction against the clerk and the person who issued the clerk's bond. The action shall be commenced in the name of the county for the benefit of the common schools of the county. SourceLaws 1877, § 3, p. 226; R.S.1913, § 6678; C.S.1922, § 6215; C.S.1929, § 77-2604; R.S.1943, § 77-2404; R.S.1943, (1986), § 77-2404; Laws 1989, LB 11, § 4. AnnotationsLegislature may impose condition that witness fees and costs shall be called for within a certain specified time. Douglas County v. Moores, 66 Neb. 284, 92 N.W. 199 (1902).