Page:Revised Codes of the State of North Dakota 1895.pdf/1499

Miscellaneous Provisions. ARTICLE 7.- DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED).

§ 8424. Stolen property to be held by officer. When property alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof.

§ 8425. Magistrate to give order for delivery. On satisfactory proof of the title of the owner of the property, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.

§ 8426. Magistrate. Property stolen. Delivery. If property stolen or embezzled comes into the custody of a magistrate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.

§ 8427. Court may order delivery. If property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, may, on proof of his title, order it to be restored to the owner.

§ 8428. Not claimed in six months. County treasurer. If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the magistrate or officer having it in custody must on the payment of the necessary expenses incurred in its preservation, deliver it the county treasurer, by whom, if it is money, it must be paid into the county treasury, or if it is not money, it must be sold and the proceeds paid into such treasury.

§ 8429. Receipt to accused. Clerk. Magistrate. When money or other property is taken from a defendant arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of the money, or the kind of property taken, one of which receipts he must deliver to the defendant, and the other of which he must forth with file with the clerk of the court to which the complaint and other papers in the case are, by law, required to be sent. When such property is taken by a police officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the clerk or other person in charge of the police office in such city or town, or, if there is no such clerk or other person, then to the magistrate before whom such defendant may be taken for examination or trial.

§ 8430. Duty of clerk or magistrate. The said clerk or other person or magistrate must enter in a suitable book every amount of money and a description of every arti of property taken from each person so arrested, and must attach a number to every amount of money and every article of property and make a corresponding entry thereof, but when the receipt and property, as provided in the last section, are delivered to a magistrate it shall be sufficient com-

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