Whenever any person shall charge on oath or affirmation before any justice of the peace within the county, or any grand jury within the county shall present that any person or house has violated the provisions of this chapter, and shall request such justice of the peace so to do, or in case of presentment by the grand jury, the grand jury shall request the court to direct the clerk of the court issuing the warrant, the justice of the peace or clerk of the court, upon the direction of the court as aforesaid, shall issue his warrant, in which the house, building or other place in which the violation is alleged to have occurred, shall be specifically described, directed to the sheriff or any member of the county police, commanding him thoroughly to search the described house, building or other place and the appurtenances thereof, and if any such shall there be found, to take into his possession and safely keep it to be produced as evidence when required and to be disposed of in accordance with the order of the court, all gambling paraphernalia as defined in section 23-3, and the sheriff or policeman shall forthwith report in writing all of the facts to the state's attorney for the county. (Mont. Co. Code 1965, § 10-5; 1924, ch. 483, § 243E.)