2005 Nevada Revised Statutes - Chapter 258 — Constables

CHAPTER 258 - CONSTABLES

NRS 258.005 Qualifications.

NRS 258.010 Election;appointment of sheriff to serve ex officio; term of office; abolition ofoffice.

NRS 258.020 Oathand bond.

NRS 258.030 Vacancywhen office not abolished: Applicable law governing appointment.

NRS 258.040 Compensation.

NRS 258.050 Expenses;claims.

NRS 258.060 Deputies.

NRS 258.065 Clerks:Appointment; oath; bond; compensation; duties.

NRS 258.070 Duties;powers of sheriff or his deputy.

NRS 258.072 Accidentreports and related materials: Provision upon receipt of reasonable fee;exceptions.

NRS 258.075 Reportof deaths to public administrator in certain counties.

NRS 258.080 Dutiesin new township.

NRS 258.090 Liabilityon bond: Tender of fees and indemnity bond.

NRS 258.110 Failureto receive or arrest offender; penalty.

NRS 258.120 Purchasingjudgment prohibited; penalty.

NRS 258.125 Fees;expenses; accounting.

NRS 258.170 Noother fees to be charged.

NRS 258.180 Feebook.

NRS 258.190 Quarterlyfinancial statements.

NRS 258.200 Failureto comply with certain statutory requirements: Penalty.

NRS 258.210 Punishmentfor taking excessive fees.

NRS 258.220 Tableof fees to be posted; penalties.

NRS 258.230 Feespayable in advance; execution.

NRS 258.240 Limitationon mileage.

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NRS 258.005 Qualifications.

1. No person is eligible to the office of constableunless:

(a) He will have attained the age of 21 years on thedate he would take office if so elected or appointed; and

(b) He is a qualified elector.

2. A person who has been convicted of a felony in thisstate or any other state is not qualified to be a candidate for or elected orappointed to the office of constable regardless of whether he has been restoredto his civil rights.

(Added to NRS by 2003, 2135, 2696)

NRS 258.010 Election;appointment of sheriff to serve ex officio; term of office; abolition ofoffice.

1. Except as otherwise provided in subsections 2 and3:

(a) Constables must be elected by the qualifiedelectors of their respective townships.

(b) The constables of the several townships of theState must be chosen at the general election of 1966, and shall enter upon theduties of their offices on the first Monday of January next succeeding theirelection, and hold their offices for the term of 4 years thereafter, untiltheir successors are elected and qualified.

(c) Constables must receive certificates of electionfrom the boards of county commissioners of their respective counties.

2. In a county which includes only one township, theboard of county commissioners may, by resolution, appoint the sheriff exofficio constable to serve without additional compensation. The resolution mustnot become effective until the completion of the term of office for which aconstable may have been elected.

3. In a county whose population:

(a) Is less than 400,000, if the board of countycommissioners determines that the office of constable is not necessary in oneor more townships within the county, it may, by ordinance, abolish the officeof constable in those townships.

(b) Is 400,000 or more, if the board of countycommissioners determines that the office of constable is not necessary in oneor more townships within the county, it may, by ordinance, abolish the officein those townships, but the abolition does not become effective as to aparticular township until the constable incumbent on May 28, 1979, does notseek, or is defeated for, reelection.

For atownship in which the office of constable has been abolished, the board ofcounty commissioners may, by resolution, appoint the sheriff ex officioconstable to serve without additional compensation.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 18:108:1866; B 2616; BH 1653; C 1799; RL 2782; NCL 4782] + [Part 30:108:1866; B 2628; BH 1665; C 1811; RL 2794; NCL 4794](NRS A 1965, 724; 1967, 455; 1975, 1421; 1979, 524, 1729; 1989, 1906;1997, 218)

NRS 258.020 Oathand bond. Each constable elected or appointedin this state shall, before entering upon the duties of his office:

1. Take the oath prescribed by law.

2. Execute a bond to the State of Nevada, to beapproved by the board of county commissioners, in the penal sum of not lessthan $1,000 nor more than $3,000, as may be designated by the board of countycommissioners, which bond shall be conditioned for the faithful performance ofthe duties of his office, and shall be filed in the county clerks office.

[2:7:1873; B 2979; BH 2255; C 2422; RL 4928;NCL 8475]

NRS 258.030 Vacancywhen office not abolished: Applicable law governing appointment. Except for those townships that the boards of county commissionershave determined do not require an office of constable, if any vacancy exists oroccurs in the office of constable in any township, the board of county commissionersshall appoint a person to fill the vacancy pursuant to NRS 245.170.

[Part 49:108:1866; A 1933, 165; 1939, 146; 1931 NCL 4813](NRS A 1975, 1422; 1997, 1292)

NRS 258.040 Compensation.

1. The several boards of county commissioners of eachcounty, at the regular meeting in July of any year in which an election ofconstables is held, shall fix the minimum compensation of the constables withintheir respective townships for the ensuing term, either by stated salaries,payable monthly, semimonthly or at regular 26-week intervals, or by fees, asprovided by law, or both, and they may thereafter increase or change suchcompensation during the term but shall not reduce it below the minimum soestablished.

2. If it becomes necessary to appoint a constable atany time, the board of county commissioners in the county in which suchappointment is made shall fix the compensation, either by salary or by fees, asprovided by law, or both, for the term for which the constable is appointed.

[Part 1:12:1929; A 1953, 202] + [Part 2:12:1929; NCL 2202] + [Part 3:12:1929; NCL 2203](NRS A 1973, 292)

NRS 258.050 Expenses;claims.

1. When any constable shall be entitled to receive hisnecessary traveling expenses for the transaction of public business, suchexpenses shall include his actual living expenses, but the amount allowed fortraveling by private conveyance shall not exceed the amount charged by publicconveyance.

2. Where it appears to the satisfaction of the boardof county commissioners that travel by private conveyance is more economical,or where it appears that, owing to train, airplane or bus schedule or for otherreasons, travel by public conveyance is impractical, or in case a part of theroute traveled is not covered by public conveyance, the board of countycommissioners is authorized to allow for traveling by private conveyance anamount not to exceed the maximum per-mile allowance for travel by privateconveyance of state officers and employees specified in subsection 3 of NRS 281.160.

3. Any constable presenting a claim to the county forany expenses allowed by law shall attach itemized vouchers and receipts for thesame to his claim, and the boards of county commissioners of the severalcounties are hereby prohibited from allowing such claim unless accompanied byvouchers and receipts as required by this section.

[Part 1:16:1928; A 1939, 31; 1953, 69; 1955,596](NRS A 1973, 1675)

NRS 258.060 Deputies.

1. All constables may appoint deputies, who areauthorized to transact all official business pertaining to the office to thesame extent as their principals. A person must not be appointed as a deputyconstable unless he has been a resident of the State of Nevada for at least 6months before the date of the appointment. The appointment of a deputyconstable must not be construed to confer upon that deputy policymakingauthority for the office of the county constable or the county by which thedeputy constable is employed.

2. Constables are responsible for the compensation oftheir deputies and are responsible on their official bonds for all officialmalfeasance or nonfeasance of the same. Bonds for the faithful performance oftheir official duties may be required of the deputies by the constables.

3. All appointments of deputies under the provisionsof this section must be in writing and must, together with the oath of officeof the deputies, be filed and recorded in a book provided for that purpose inthe office of the recorder of the county within which the constable legallyholds and exercises his office. Revocations of such appointments must also befiled and recorded as provided in this section. From the time of the filing ofthe appointments or revocations therein, persons shall be deemed to have noticeof the same.

[Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL 2848; NCL 4848] + [Part 2:101:1864; B 3068; BH 2280; C 2452; RL 2849;NCL 4849] + [3:101:1864; B 3069; BH 2281; C 2453; RL 2850; NCL 4850](NRSA 2005, 683)

NRS 258.065 Clerks:Appointment; oath; bond; compensation; duties.

1. The board of county commissioners may appoint forthe constable of a township a reasonable number of clerks as the work of theconstable requires, and provide compensation therefor.

2. A constables clerk shall take the constitutionaloath of office and give bond in the sum of $2,000 for the faithful discharge ofthe duties of the office, and in the same manner as is or may be required ofother officers of that township and county.

3. A constables clerk shall do all clerical work inconnection with keeping the records and files of the office, and shall performsuch other duties in connection with the office as the constable shallprescribe.

(Added to NRS by 1957, 35; A 1963, 454, 1297; 1979,525; 1981, 171)

NRS 258.070 Duties;powers of sheriff or his deputy.

1. Each constable shall:

(a) Be a peace officer in his township.

(b) Serve all mesne and final process issued by a courtof competent jurisdiction.

(c) Execute the process, writs or warrants that he isauthorized to receive pursuant to NRS248.100.

(d) Discharge such other duties as are or may beprescribed by law.

2. If a sheriff or his deputy in any county in thisState arrests a person charged with a criminal offense or in the commission ofan offense, the sheriff or his deputy shall serve all process, whether mesne orfinal, and attend the court executing the order thereof in the prosecution ofthe person so arrested, whether in a Justice Court or a district court, to theconclusion, and whether the offense is an offense of which a justice of the peacehas jurisdiction, or whether the proceeding is a preliminary examination orhearing. The sheriff or his deputy shall collect the same fees and in the samemanner therefor as the constable of the township in which the Justice Court isheld would receive for the same service.

[6:82:1861; A 1887, 134; C 2321; RL 1692; NCL 2192](NRS A 1991, 408; 2001, 1456)

NRS 258.072 Accidentreports and related materials: Provision upon receipt of reasonable fee;exceptions. A constable shall, within 7 daysafter receipt of a written request of a person who claims to have sustaineddamages as a result of an accident, or his legal representative or insurer, andupon receipt of a reasonable fee to cover the cost of reproduction, provide theperson, his legal representative or insurer, as applicable, with a copy of theaccident report and all statements by witnesses and photographs in thepossession or under the control of the constables office that concern theaccident, unless:

1. The materials are privileged or confidentialpursuant to a specific statute; or

2. The accident involved:

(a) The death or substantial bodily harm of a person;

(b) Failure to stop at the scene of an accident; or

(c) The commission of a felony.

(Added to NRS by 1987, 1052; A 2005, 702)

NRS 258.075 Reportof deaths to public administrator in certain counties.In counties having a population of less than 100,000, every constableshall report immediately to the public administrator all deaths which he gainsknowledge of in the performance of his duties.

(Added to NRS by 1971, 508; A 1979, 525)

NRS 258.080 Dutiesin new township. When any constable, by theformation of a new township, shall be brought within the limits thereof, heshall continue to act as constable for such new township, and shall continue inoffice until the expiration of the term for which he was elected.

[21:108:1866; B 2619; BH 1656; C 1802; RL 2785; NCL 4785]

NRS 258.090 Liabilityon bond: Tender of fees and indemnity bond. Noconstable shall be liable for any damages for neglecting or refusing to serveany civil process, unless his legal fees (and an indemnifying bond in caseswhere he has doubts as to the ownership of the property sought to be leviedupon or attached, if the same shall be required by him) are first tendered him.

[17:38:1861; A 1935, 119; 1931 NCL 2160]

NRS 258.110 Failureto receive or arrest offender; penalty. If anyconstable shall willfully refuse to receive or arrest any person charged with acriminal offense, such constable is guilty of a gross misdemeanor and shall beremoved from office.

[Part 67:108:1866; B 2665; BH 1702; C 1848; RL 2820; NCL 4820](NRS A 1967, 542)

NRS 258.120 Purchasingjudgment prohibited; penalty. If any constableshall, directly or indirectly, purchase any judgment, or any part thereof, onthe docket of any justice of the peace of the same township, he is guilty of amisdemeanor.

[Part 68:108:1866; B 2666; BH 1703; C 1849; RL 2821; NCL 4821](NRS A 1967, 542)

NRS 258.125 Fees;expenses; accounting.

1. Constables are entitled to the following fees fortheir services:

For serving a summons or other process by which a suit is commencedin civil cases $17

For summoning a jury before a justice of the peace............................................... 7

For taking a bond or undertaking.............................................................................. 5

For serving an attachment against the property of adefendant.......................... 9

For serving subpoenas, for each witness.............................................................. 15

For a copy of any writ, process or order or other paper,when demanded or required by law, per folio 3

For drawing and executing every constables deed, to be paidby the grantee, who must also pay for the acknowledgment thereof................................................................................................................... 20

For each certificate of sale of real property underexecution................................ 5

For levying any writ of execution or writ of garnishment, orexecuting an order of arrest in civil cases, or order for delivery of personalproperty, with traveling fees as for summons.................................. 9

For serving one notice required by law before thecommencement of a proceeding for any type of eviction 26

For serving not fewer than 2 nor more than 10 such noticesto the same location, each notice 20

For serving not fewer than 11 nor more than 24 such noticesto the same location, each notice 17

For serving 25 or more such notices to the same location,each notice............ 15

For mileage in serving such a notice, for each milenecessarily and actually traveled in going only 2

But if two or more notices are served at the same generallocation during the same period, mileage may only be charged for the service ofone notice.

For each service in a summary eviction, except service ofany notice required by law before commencement of the proceeding, and forserving notice of and executing a writ of restitution.. 21

For making and posting notices, and advertising property forsale on execution, not to include the cost of publication in a newspaper.............................................................................................................. 9

For each warrant lawfully executed......................................................................... 48

For mileage in serving summons, attachment, execution,order, venire, subpoena, notice, summary eviction, writ of restitution or otherprocess in civil suits, for each mile necessarily and actually traveled, ingoing only 2

But when two or more persons are served in the same suit,mileage may only be charged for the most distant, if they live in the samedirection.

For mileage in making a diligent but unsuccessful effort toserve a summons, attachment, execution, order, venire, subpoena or otherprocess in civil suits, for each mile necessarily and actually traveled, ingoing only 2

But mileage may not exceed $20 for any unsuccessful effortto serve such process.

2. A constable is also entitled to receive:

(a) For receiving and taking care of property onexecution, attachment or order, his actual necessary expenses, to be allowed bythe court which issued the writ or order, upon the affidavit of the constablethat the charges are correct and the expenses necessarily incurred.

(b) For collecting all sums on execution or writ, to becharged against the defendant, on the first $3,500, 2 percent thereof, and on allamounts over that sum, one-half of 1 percent.

(c) For service in criminal cases, except for executionof warrants, the same fees as are allowed sheriffs for like services, to beallowed, audited and paid as are other claims against the county.

3. Deputy sheriffs acting as constables are notentitled to retain for their own use any fees collected by them, but the feesmust be paid into the county treasury on or before the 5th working day of themonth next succeeding the month in which the fees were collected.

4. Constables shall, on or before the 5th working dayof each month, account for and pay to the county treasurer all fees collectedduring the preceding month, except fees which may be retained as compensation.

(Added to NRS by 1959, 610; A 1961, 685; 1973, 1642;1975, 313; 1979, 1032; 1981, 365; 1985, 1009; 1987, 651; 1991, 408; 1993, 266; 2001, 3212)

NRS 258.170 Noother fees to be charged. No other fees shallbe charged by constables than those specifically set forth in this chapter, norshall fees be charged for any other services than those mentioned in thischapter.

[Part 17:49:1883; BH 2358; C 2482; RL 2019; NCL 2950]

NRS 258.180 Feebook. Every constable shall keep in his officea fee book in which he shall enter in detail the title of the matter,proceeding or action, and the fees charged therein. The fee book shall be opento public inspection.

[Part 18:49:1883; BH 2359; C 2483; RL 2020; NCL 2951]

NRS 258.190 Quarterlyfinancial statements.

1. On the first Monday of January, April, July andOctober, the constables who receive fees under the provisions of this chaptershall make out and file with the boards of county commissioners of theirseveral counties a full and correct statement under oath of all fees orcompensation, of whatever nature or kind, received in their several officialcapacities during the preceding 3 months. In the statement they shall set forththe cause in which, and the services for which, such fees or compensation werereceived.

2. Nothing in this section shall be so construed as torequire personal attendance in filing statements, which may be transmitted bymail or otherwise directed to the clerk of the board of county commissioners.

[Part 19:49:1883; BH 2360; C 2484; RL 2021; NCL 2952]

NRS 258.200 Failureto comply with certain statutory requirements: Penalty. Any constable who shall violate any of the provisions of NRS 258.170, 258.180 and 258.190 shall be fined not more than$1,000.

[Part 21:49:1883; BH 2362; C 2486; RL 2023; NCL 2954](NRS A 1967, 542)

NRS 258.210 Punishmentfor taking excessive fees. If any constableshall take more or greater fees than are allowed by law, he shall be liable toindictment, and on conviction shall be removed from office and fined in any sumnot exceeding $1,000.

[Part 22:49:1883; BH 2363; C 2487; RL 2024; NCL 2955]

NRS 258.220 Tableof fees to be posted; penalties. Any constablereceiving fees as provided by law shall publish and set up in some conspicuousplace in his office a fee table for public inspection. A sum not exceeding $20for each day of his omission so to do shall be forfeited, which sum with costsmay be recovered by any person by an action before any justice of the peace ofthe same county.

[Part 23:49:1883; BH 2364; C 2488; RL 2025; NCL 2956]

NRS 258.230 Feespayable in advance; execution. All feesprescribed in this chapter shall be payable in advance, if demanded. If aconstable shall not have received any or all of his fees, which may be due himfor services rendered by him in any suit or proceedings, he may have executiontherefor in his own name against the party or parties from whom they are due,to be issued from the court where the action is pending, upon the order of thejustice of the peace or court upon affidavit filed.

[Part 25:49:1883; BH 2366; C 2490; RL 2027; NCL 2958]

NRS 258.240 Limitationon mileage. When any constable serves morethan one process in the same cause, not requiring more than one journey fromhis office, he shall receive mileage only for the most distant service.

[Part 35:49:1883; BH 2376; C 2500; RL 2037; NCL 2968]