In any proceeding under section 29-362, if the judgment is against one defendant only, he shall pay the expense of the transportation and storage incurred in the seizure and detention of the fireworks claimed by him; but if the judgment is against more than one defendant, claiming distinct interests in such fireworks, such expense shall be apportioned among them by the court, and execution on such judgment may be issued against the accused. If judgment is rendered that such fireworks do not constitute a nuisance, the court shall issue a warrant to some proper officer, directing him to restore such fireworks, with the containers thereof, to the place where they were seized, as nearly as possible, or to the person entitled to receive them. All such proceedings shall be proceedings in rem and may be issued and served at any time and shall be conducted as civil actions, and the defendant shall have the same right of appeal.
(1955, S. 2013d.)
History: Sec. 29-103 transferred to Sec. 29-363 in 1983.
Although section only explicitly refers to defendant's right to appeal, it provides that the in rem proceedings shall be conducted as a civil action such that the state has the right to appeal from a final judgment as an aggrieved party under Sec. 52-263; a warrant to restore fireworks may only be issued under section after the court has issued a final judgment in the matter. 132 CA 679.
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