1. The officer, after taking possession of such animals, or implements or other property, pursuant to NRS 574.080, shall apply to the magistrate, before whom the complaint is made against the offender violating such provision of law, for the order mentioned in subsection 2, and shall make and file an affidavit with such magistrate, stating therein:

(a) The name of the offender charged in such complaint.

(b) The time, place and description of the animals, implements or other property so taken, together with the name of the person who claims the same, if known.

(c) 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.

2. The officer 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 kept by him or her 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.

3. The officer or person so named and designated in the order shall immediately thereupon assume custody, and shall retain the same for the purpose of evidence upon the trial, subject to the order of the court before which the offender may be required to appear, until the offender’s final discharge or conviction.

4. Upon the conviction of the offender, the animals, implements or other property shall be adjudged by the court to be forfeited.

5. In the event of the acquittal or final discharge, without conviction, of the offender, the court shall, on demand, direct the delivery of the property so held in custody to the owner thereof.

[5:178:1919; 1919 RL p. 3394; NCL § 10573]