Restitution order and its effect

If any goods or money alleged to have been stolen or fraudulently obtained are in the custody of any police officer by virtue of any warrant of a magistrate or other justice of the peace, or in the prosecution of any charge of felony or misdemeanour in regard to the obtaining thereof, and the person so charged with stealing or obtaining possession cannot be found, or is summarily convicted or discharged, but the property so in custody is not included in any information upon which he has been found guilty, any magistrate may make an order for the delivery of any such goods or money to the party who appears to be the rightful owner thereof, and if the owner cannot be ascertained he may make such order with respect to such goods or money as to him may seem fit. (2) No order made under this section shall bar the right of any person to sue the party to whom such goods or money are delivered, and to recover such goods or money from him by action brought within the two months next after the order was made.