1. No person is eligible to the office of constable unless:
(a) He will have attained the age of 21 years on the date 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 this state or
any other state is not qualified to be a candidate for or elected or
appointed to the office of constable regardless of whether he has been
restored to his civil rights.
(Added to NRS by 2003, 2135 , 2696 )
1. Except as otherwise provided in subsections 2 and 3:
(a) Constables must be elected by the qualified electors of their
respective townships.
(b) The constables of the several townships of the State must be
chosen at the general election of 1966, and shall enter upon the duties
of their offices on the first Monday of January next succeeding their
election, and hold their offices for the term of 4 years thereafter,
until their successors are elected and qualified.
(c) Constables must receive certificates of election from the
boards of county commissioners of their respective counties.
2. In a county which includes only one township, the board of
county commissioners may, by resolution, appoint the sheriff ex officio
constable to serve without additional compensation. The resolution must
not become effective until the completion of the term of office for which
a constable may have been elected.
3. In a county whose population:
(a) Is less than 400,000, if the board of county commissioners
determines that the office of constable is not necessary in one or more
townships within the county, it may, by ordinance, abolish the office of
constable in those townships.
(b) Is 400,000 or more, if the board of county commissioners
determines that the office of constable is not necessary in one or more
townships within the county, it may, by ordinance, abolish the office in
those townships, but the abolition does not become effective as to a
particular township until the constable incumbent on May 28, 1979, does
not seek, or is defeated for, reelection.
Ę For a township in which the office of constable has been abolished, the
board of county commissioners may, by resolution, appoint the sheriff ex
officio constable 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)
Each constable elected or appointed in
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 be approved by the
board of county commissioners, in the penal sum of not less than $1,000
nor more than $3,000, as may be designated by the board of county
commissioners, which bond shall be conditioned for the faithful
performance of the duties of his office, and shall be filed in the county
clerk’s office.
[2:7:1873; B § 2979; BH § 2255; C § 2422; RL § 4928; NCL § 8475]
Except for those townships that the boards of
county commissioners have determined do not require an office of
constable, if any vacancy exists or occurs in the office of constable in
any township, the board of county commissioners shall 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)
1. The several boards of county commissioners of each county, at
the regular meeting in July of any year in which an election of
constables is held, shall fix the minimum compensation of the constables
within their respective townships for the ensuing term, either by stated
salaries, payable monthly, semimonthly or at regular 26-week intervals,
or by fees, as provided by law, or both, and they may thereafter increase
or change such compensation during the term but shall not reduce it below
the minimum so established.
2. If it becomes necessary to appoint a constable at any time, the
board of county commissioners in the county in which such appointment is
made shall fix the compensation, either by salary or by fees, as provided
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)
1. When any constable shall be entitled to receive his necessary
traveling expenses for the transaction of public business, such expenses
shall include his actual living expenses, but the amount allowed for
traveling by private conveyance shall not exceed the amount charged by
public conveyance.
2. Where it appears to the satisfaction of the board of county
commissioners that travel by private conveyance is more economical, or
where it appears that, owing to train, airplane or bus schedule or for
other reasons, travel by public conveyance is impractical, or in case a
part of the route traveled is not covered by public conveyance, the board
of county commissioners is authorized to allow for traveling by private
conveyance an amount not to exceed the maximum per-mile allowance for
travel by private conveyance of state officers and employees specified in
subsection 3 of NRS 281.160 .
3. Any constable presenting a claim to the county for any expenses
allowed by law shall attach itemized vouchers and receipts for the same
to his claim, and the boards of county commissioners of the several
counties are hereby prohibited from allowing such claim unless
accompanied by vouchers and receipts as required by this section.
[Part 1:16:1928; A 1939, 31; 1953, 69; 1955, 596]—(NRS A 1973, 1675)
1. All constables may appoint deputies, who are authorized to
transact all official business pertaining to the office to the same
extent as their principals. A person must not be appointed as a deputy
constable unless he has been a resident of the State of Nevada for at
least 6 months before the date of the appointment. The appointment of a
deputy constable must not be construed to confer upon that deputy
policymaking authority for the office of the county constable or the
county by which the deputy constable is employed.
2. Constables are responsible for the compensation of their
deputies and are responsible on their official bonds for all official
malfeasance or nonfeasance of the same. Bonds for the faithful
performance of their official duties may be required of the deputies by
the constables.
3. All appointments of deputies under the provisions of this
section must be in writing and must, together with the oath of office of
the deputies, be filed and recorded in a book provided for that purpose
in the office of the recorder of the county within which the constable
legally holds and exercises his office. Revocations of such appointments
must also be filed and recorded as provided in this section. From the
time of the filing of the appointments or revocations therein, persons
shall be deemed to have notice of 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]—(NRS A 2005, 683 )
1. The board of county commissioners may appoint for the constable
of a township a reasonable number of clerks as the work of the constable
requires, and provide compensation therefor.
2. A constable’s clerk shall take the constitutional oath of
office and give bond in the sum of $2,000 for the faithful discharge of
the duties of the office, and in the same manner as is or may be required
of other officers of that township and county.
3. A constable’s clerk shall do all clerical work in connection
with keeping the records and files of the office, and shall perform such
other duties in connection with the office as the constable shall
prescribe.
(Added to NRS by 1957, 35; A 1963, 454, 1297; 1979, 525; 1981, 171)
1. Each constable shall:
(a) Be a peace officer in his township.
(b) Serve all mesne and final process issued by a court of
competent jurisdiction.
(c) Execute the process, writs or warrants that he is authorized to
receive pursuant to NRS 248.100 .
(d) Discharge such other duties as are or may be prescribed by law.
2. If a sheriff or his deputy in any county in this State arrests
a person charged with a criminal offense or in the commission of an
offense, the sheriff or his deputy shall serve all process, whether mesne
or final, and attend the court executing the order thereof in the
prosecution of the person so arrested, whether in a Justice Court or a
district court, to the conclusion, and whether the offense is an offense
of which a justice of the peace has jurisdiction, or whether the
proceeding is a preliminary examination or hearing. The sheriff or his
deputy shall collect the same fees and in the same manner therefor as the
constable of the township in which the Justice Court is held would
receive for the same service.
[6:82:1861; A 1887, 134; C § 2321; RL § 1692; NCL § 2192]—(NRS A
1991, 408; 2001, 1456 )
A constable shall, within 7 days
after receipt of a written request of a person who claims to have
sustained damages as a result of an accident, or his legal representative
or insurer, and upon receipt of a reasonable fee to cover the cost of
reproduction, provide the person, his legal representative or insurer, as
applicable, with a copy of the accident report and all statements by
witnesses and photographs in the possession or under the control of the
constable’s office that concern the accident, unless:
1. The materials are privileged or confidential pursuant 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 )
In counties having a population of less than 100,000, every
constable shall report immediately to the public administrator all deaths
which he gains knowledge of in the performance of his duties.
(Added to NRS by 1971, 508; A 1979, 525)
When any constable, by the
formation of a new township, shall be brought within the limits thereof,
he shall continue to act as constable for such new township, and shall
continue in office until the expiration of the term for which he was
elected.
[21:108:1866; B § 2619; BH § 1656; C § 1802; RL § 2785; NCL § 4785]
No constable shall be liable for any damages for neglecting or refusing
to serve any civil process, unless his legal fees (and an indemnifying
bond in cases where he has doubts as to the ownership of the property
sought to be levied upon or attached, if the same shall be required by
him) are first tendered him.
[17:38:1861; A 1935, 119; 1931 NCL § 2160]
If
any constable shall willfully refuse to receive or arrest any person
charged with a criminal offense, such constable is guilty of a gross
misdemeanor and shall be removed from office.
[Part 67:108:1866; B § 2665; BH § 1702; C § 1848; RL § 2820; NCL §
4820]—(NRS A 1967, 542)
If any
constable shall, directly or indirectly, purchase any judgment, or any
part thereof, on the docket of any justice of the peace of the same
township, he is guilty of a misdemeanor.
[Part 68:108:1866; B § 2666; BH § 1703; C § 1849; RL § 2821; NCL §
4821]—(NRS A 1967, 542)
1. Constables are entitled to the following fees for their
services:
For serving a summons or other process by which a suit is commenced in
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 a
defendant.......................... 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 constable’s deed, to be paid by the
grantee, who must also pay for the acknowledgment
thereof....................................................................
............................................... 20
For each certificate of sale of real property under
execution................................ 5
For levying any writ of execution or writ of garnishment, or executing an
order of arrest in civil cases, or order for delivery of personal
property, with traveling fees as for
summons.................................. 9
For serving one notice required by law before the commencement of a
proceeding for any type of eviction 26
For serving not fewer than 2 nor more than 10 such notices to the same
location, each notice 20
For serving not fewer than 11 nor more than 24 such notices to 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 mile necessarily and
actually traveled in going only 2
But if two or more notices are served at the same general location during
the same period, mileage may only be charged for the service of one
notice.
For each service in a summary eviction, except service of any notice
required by law before commencement of the proceeding, and for serving
notice of and executing a writ of restitution.. 21
For making and posting notices, and advertising property for sale 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 other process
in civil suits, for each mile necessarily and actually traveled, in going
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 same direction.
For mileage in making a diligent but unsuccessful effort to serve a
summons, attachment, execution, order, venire, subpoena or other process
in civil suits, for each mile necessarily and actually traveled, in going
only 2
But mileage may not exceed $20 for any unsuccessful effort to serve such
process.
2. A constable is also entitled to receive:
(a) For receiving and taking care of property on execution,
attachment or order, his actual necessary expenses, to be allowed by the
court which issued the writ or order, upon the affidavit of the constable
that the charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charged
against the defendant, on the first $3,500, 2 percent thereof, and on all
amounts over that sum, one-half of 1 percent.
(c) For service in criminal cases, except for execution of
warrants, the same fees as are allowed sheriffs for like services, to be
allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables are not entitled to retain
for their own use any fees collected by them, but the fees must be paid
into the county treasury on or before the 5th working day of the month
next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th working day of each
month, account for and pay to the county treasurer all fees collected
during 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 )
No other fees shall be
charged by constables than those specifically set forth in this chapter,
nor shall fees be charged for any other services than those mentioned in
this chapter.
[Part 17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950]
Every constable shall keep in his office a
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
open to public inspection.
[Part 18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951]
1. On the first Monday of January, April, July and October, the
constables who receive fees under the provisions of this chapter shall
make out and file with the boards of county commissioners of their
several counties a full and correct statement under oath of all fees or
compensation, of whatever nature or kind, received in their several
official capacities during the preceding 3 months. In the statement they
shall set forth the cause in which, and the services for which, such fees
or compensation were received.
2. Nothing in this section shall be so construed as to require
personal attendance in filing statements, which may be transmitted by
mail or otherwise directed to the clerk of the board of county
commissioners.
[Part 19:49:1883; BH § 2360; C § 2484; RL § 2021; NCL § 2952]
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)
If any
constable shall take more or greater fees than are allowed by law, he
shall be liable to indictment, and on conviction shall be removed from
office and fined in any sum not exceeding $1,000.
[Part 22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL § 2955]
Any constable
receiving fees as provided by law shall publish and set up in some
conspicuous place in his office a fee table for public inspection. A sum
not exceeding $20 for each day of his omission so to do shall be
forfeited, which sum with costs may be recovered by any person by an
action before any justice of the peace of the same county.
[Part 23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956]
All fees
prescribed in this chapter shall be payable in advance, if demanded. If a
constable shall not have received any or all of his fees, which may be
due him for services rendered by him in any suit or proceedings, he may
have execution therefor 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 the justice of the peace or court upon
affidavit filed.
[Part 25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958]
When any constable serves more
than one process in the same cause, not requiring more than one journey
from his office, he shall receive mileage only for the most distant
service.
[Part 35:49:1883; BH § 2376; C § 2500; RL § 2037; NCL § 2968]
|
