Page:1862 Territory of Dakota Session Laws.pdf/500

CHAP. LXXXIX.] in criminal cases, that personal property has been stolen or embezzled, or obtained by false tokens or pretences, and the complainant believes it is concealed in any particular house or place, the magistrate, if he is satisfied that there is reasonable cause for such belief, shall issue his warrant to search for such property.

. 2. Any such justice of the peace or magistrate, when satisfied there is reasonable cause, may, also, on like complaint made on oath, issue search-warrants in the following cases, to wit: 1. To search for and seize any counterfeit or spurious coin, forged bank-notes, and other forged instruments or tools, machines or materials, prepared or provided for making either of them. 2. To search for and receive any books, pamphlets, ballads, printed papers, or other things containing obscene language or obscene pictures, figures, or descriptions, manifestly intending to corrupt the morals of the youth, and intended to be sold, loaned, circulated, distributed, or introduced into any family, school, or place of education. 3. To seachsearch [sic] for and seize any gaming apparatus or implements used or kept, and to be used in unlawful gaming in any gaming-house, or in any building, apartment, or place resorted to for the purpose of unlawful gaming.

. 3. All such warrants shall be directed to the sheriff of the county or his deputy, or to any constable of the county, commanding such officer to search the house or place where the stolen property or other thing for which he is required to search are believed to be concealed, which place or things and property to be searched for shall be described in the warrant, and to bring such stolen property or other things, when found, before the magistrate who issued. the warrant, or before some other magistrate or court having cognizance of the game.

. 4. When any officer, in the execution of a search-warrant, shall find any stolen or embezzled property, or shall seize any other thing for which a search is allowed by this act, all the property and things so seized shall be safely kept by the direction of the court or magistrate, so long as shall be necessary for the purpose of being produced as evidence on any trial, and as soon as may be afterwards, all such stolen and embezzled property shall be restored to the owner thereof, and all other things seized by virtue of such