Section 376. Disposition of animals or implements used in fights among animals  


Latest version.
  • The officer,  after  taking  possession  of  such  animals,  or  implements,  or other property, pursuant to the preceding section, shall
      apply to the magistrate  before  whom  complaint  is  made  against  the
      offender violating such provision of law, for the order next hereinafter
      mentioned,  and  shall  make and file an affidavit with such magistrate,
      stating therein the name of the offender charged in such complaint,  the
      time, place and description of the animals, implements or other property
      so  taken,  together  with the name of the party who claims the same, if
      known, and that the affiant has reason  to  believe  and  does  believe,
      stating the grounds of such belief, that the same were used or employed,
      or  were  about  to  be  used  or  employed, in such violation, and will
      establish the truth thereof upon the trial of such  offender.  He  shall
      then  deliver  such  animals,  implements,  or  other  property, to such
      magistrate, who shall thereupon, by order in writing, place the same  in
      the custody of an officer or other proper person in such order named and
      designated,  to be by him kept until the trial or final discharge of the
      offender, and shall send a copy of such order,  without  delay,  to  the
      district  attorney  of  the  county.  The officer or person so named and
      designated in  such  order,  shall  immediately  thereupon  assume  such
      custody, and shall retain the same for the purpose of evidence upon such
      trial,  subject to the order of the court before which such offender may
      be required to appear, until his final discharge or  conviction.    Upon
      the  conviction  of  such  offender,  the  animals, implements, or other
      property, shall be adjudged by the court to be forfeited. In  the  event
      of  the  acquittal  or  final  discharge,  without  conviction,  of such
      offender, such court shall,  on  demand,  direct  the  delivery  of  the
      property so held in custody to the owner thereof.