State Codes and Statutes

Statutes > New-york > Agm > Article-26 > 376

§ 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.

State Codes and Statutes

Statutes > New-york > Agm > Article-26 > 376

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-26 > 376

§ 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.