A county surveyor is not prevented from performing work and labor for the county which is not part of his official duties. Pethoud v. Gage County, 83 Neb. 497, 120 N.W. 154 (1909). See also Neb. Rev. Statutes §23-1901.
An information in the nature of quo warranto will not lie to inquire into the right of county surveyors in counties having more than a given population to perform and exercise the duties of county engineer, where the legislature did not intend to create a new and independent office in counties having the required population, but that all that was attempted was the imposition of new duties upon the office of county surveyor in such counties. State v. Scott, 70 Neb. 681, 97 N.W. 1021, aff’d, 70 Neb. 685, 100 N.W. 812 (1904). See also Neb. Rev. Statutes §23-1901.
A county surveyor, in the performance of his official duties, may compel the attendance of witnesses, whose testimony must be reduced to writing and subscribed by such witnesses. State Bd. of Educ. Lands & Funds v. Jarchow, 219 Neb. 88, 362 N.W.2d 19 (1985). See also Neb. Rev. Statutes §23-1903.
The county surveyor, when in the performance of his official duties, is not liable to prosecution for trespass. Kissinger v. State, 123 Neb. 856, 244 N.W. 794 (1932). See also Neb. Rev. Statutes §23-1906.