§ 376 — Disposition of animals or implements used in fights among animals

§ 376. Disposition of animals or implements used in fights among\nanimals. The officer, after taking possession of such animals, or\nimplements, or other property, pursuant to the preceding section, shall\napply to the magistrate before whom complaint is made against the\noffender violating such provision of law, for the order next hereinafter\nmentioned, and shall make and file an affidavit with such magistrate,\nstating therein the name of the offender charged in such complaint, the\ntime, place and description of the animals, implements or other property\nso taken, together with the name of the party who claims the same, if\nknown, and that the affiant has reason to believe and does believe,\nstating the grounds of such belief, that the same were used or employed,\nor were about to be used or employed, in such violation, and will\nestablish the truth thereof upon the trial of such offender. He shall\nthen deliver such animals, implements, or other property, to such\nmagistrate, who shall thereupon, by order in writing, place the same in\nthe custody of an officer or other proper person in such order named and\ndesignated, to be by him kept until the trial or final discharge of the\noffender, and shall send a copy of such order, without delay, to the\ndistrict attorney of the county. The officer or person so named and\ndesignated in such order, shall immediately thereupon assume such\ncustody, and shall retain the same for the purpose of evidence upon such\ntrial, subject to the order of the court before which such offender may\nbe required to appear, until his final discharge or conviction. Upon\nthe conviction of such offender, the animals, implements, or other\nproperty, shall be adjudged by the court to be forfeited. In the event\nof the acquittal or final discharge, without conviction, of such\noffender, such court shall, on demand, direct the delivery of the\nproperty so held in custody to the owner thereof.\n