§ 42-02-03 — Temporary injunction - When officers take possession of property

If, at the time of granting the temporary injunction, an affidavit shall be presented to the
court or judge stating or showing that acts are being committed contrary to law upon the
premises where said nuisance is located, the court or judge must issue the court's or judge's
warrant commanding the officer serving said writ of injunction, at the time of service, to take
possession and custody of any articles or property used or employed contrary to law. The officer
shall take and hold the possession of such property until final judgment is entered, or until the
possession of such property shall be disposed of by an order of the court or judge upon a
hearing had before it for such purpose. The expense for such holding shall be taxed as a part of
the costs in the action.