DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT
19-3802. Order for delivery. On satisfactory proof of the ownership of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling it, must order it to be delivered to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.
[(19-3802) Cr. Prac. 1864, sec. 590, p. 286; R.S., R.C., & C.L., sec. 8239; C.S., sec. 9193; I.C.A., sec. 19-3702.]