Okla. Stat. tit. 21, § 21-973

procedure for.

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

Oklahoma Statutes - Title 21. Crimes and Punishments Page 405

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
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;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 406

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.