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