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21-973.


21-973.
   
   A. Every sheriff, constable, policeman, and peace officer in this
   state is hereby required to seize every slot machine and every punch
   board, together with all money contained therein or used in connection
   therewith, and all property and items of value incident thereto or
   used or employed in connection therewith, and hold and safely keep the
   same, subject to the order of the district court. Immediately
   following such seizure, such officer shall report the same and give
   all facts in relation thereto to the district attorney of the county
   in which the seizure was made. The district attorney shall,
   immediately following such report, file an application in the district
   court of his county in the name of the State of Oklahoma against the
   slot machine or punch board seized, and the money and items, if any,
   used therewith.
   
   The application shall include:
   
   1. A statement showing the time and place of seizure and by whom made;
   
   2. A general description of the slot machine or punch board, and of
   the money and items, if any, seized;
   
   3. The name and address, if known, of the person from whom seized; and
   
   4. A prayer for judgment:
   
   a. confiscating said slot machine or punch board and money and items
   seized, and
   
   (1) ordering said slot machine or punch board either to be sold, with
   the approval of the court and on such notice as the court may direct,
   by the sheriff of the county in which the seizure was made, within any
   state, county or municipality in which the use of such slot machine or
   punch board is not prohibited by law and ordering the proceeds of sale
   paid into the Sheriff's Training Fund as provided in Section 1325 of
   Title 22 of the Oklahoma Statutes, provided that if such slot machine
   or punch board is not sold within ninety (90) calendar days, the court
   shall order such to be destroyed under the provisions of this section,
   or
   
   (2) ordering the immediate destruction of said slot machine or punch
   board by the officer seizing the same or by some other officer or
   person to be appointed for such purpose by the court,
   
   b. ordering the money seized with said slot machine or punch board
   paid into the Sheriff's Training Fund as provided in Section 1325 of
   Title 22 of the Oklahoma Statutes, and
   
   c. ordering any item of value seized with said slot machine or punch
   board, if not in itself offensive or a gambling device, to be sold by
   the sheriff of the county in which the seizure was made, on such
   notice as the court may direct, and the proceeds of sale paid into the
   Sheriff's Training Fund as provided in Section 1325 of Title 22 of the
   Oklahoma Statutes.
   
   B. The application required to be filed by the district attorney under
   the provisions of subsection A of this section may include any number
   of slot machines or punch boards, or both, and all money and items, if
   any, seized therewith. Upon filing said application in the district
   court, the court shall order the district attorney to cause a copy
   thereof to be served on the person from whom the slot machine or punch
   board was seized, together with written notice that such person may
   appear before the district court at any date, which shall be fixed in
   said notice, not less than five (5) days from the date said
   application was filed in the district court, to show cause why said
   application should not be granted and judgment rendered as therein
   prayed. If the person from whom seizure was made cannot be located, or
   is unknown, or if said slot machine or punch board was unattended at
   the time of seizure, then the foregoing service shall not be required,
   but in lieu thereof, a copy of said application and notice shall be
   delivered to the place where seizure was made. On the date set forth
   in the foregoing notice, the district court shall hear the application
   without a jury, and neither party shall have the right to demand a
   jury trial. The district attorney shall present said application on
   said hearing, together with all the evidence pertinent thereto, and
   the owner of or person from whom the slot machine or punch board was
   seized, if present at said hearing, may introduce any competent
   evidence. The district court after hearing said application and the
   evidence introduced at said hearing, shall determine whether or not
   the slot machine or punch board, or both, mentioned in said
   application, is a slot machine or punch board as defined in Sections
   964 and 966 of this title, and if determined to be such, the court
   shall make and enter judgment:
   
   1. Confiscating said slot machine or punch board and money and items
   seized, and
   
   a. ordering said slot machine or punch board either to be sold, with
   the approval of the court and on such notice as the court may direct,
   by the sheriff of the county in which the seizure was made, within any
   state, county or municipality in which the use of such slot machine or
   punch board is not prohibited by law and ordering the proceeds of sale
   paid into the Sheriff's Training Fund as provided in Section 1325 of
   Title 22 of the Oklahoma Statutes, provided that if such slot machine
   or punch board is not sold within ninety (90) calendar days, the court
   shall order such to be destroyed under the provisions of this section,
   or
   
   b. ordering the immediate destruction of said slot machine or punch
   board by the officer seizing the same or by some other officer or
   person to be appointed for such purpose by the court;
   
   2. Ordering the money seized in or with said slot machine or punch
   board paid into the Sheriff's Training Fund as provided in Section
   1325 of Title 22 of the Oklahoma Statutes; and
   
   3. Ordering any other item of value seized with the said slot machine
   or punch board, if not in itself offensive or a gambling device, to be
   sold by the sheriff of the county in which the seizure was made, on
   such notice as the court may direct, and the proceeds of sale to be
   paid into the Sheriff's Training Fund as provided in Section 1325 of
   Title 22 of the Oklahoma Statutes.
   
   C. The officer or person ordered to destroy a slot machine or punch
   board under the provisions of subsection B of this section shall
   execute such order and make return thereof within five (5) days from
   the date thereof, showing the manner in which he executed the same. An
   appeal may be had from the judgment of the district court to the
   Supreme Court, as in civil actions, pursuant to the provisions of the
   code of civil procedure; and in the event of an appeal by either
   party, the judgment of the district court shall be stayed pending the
   determination of said appeal.
   

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