Whenever any person mentioned in section 35-19, or his agent, makes oath before any judge of the superior court for the judicial district wherein his town is located, that he has reason to believe and does believe that any of his bottles, cans, jars, boxes of siphons, a description of the name, mark or device whereon has been filed as provided in section 35-19, are being unlawfully used or filled or had within the jurisdiction of such court, by any person manufacturing or selling soda, mineral or aerated waters, near beer, cider, ginger ale, milk, cream or other beverage, or any medicine or medicinal preparation, perfumery, oil, compound or mixture, or that any junk dealer or dealer in secondhand articles, vendor of bottles, cans, jars or siphons, or other person, has, within such jurisdiction, any such bottles, cans, jars, boxes or siphons in his possession, or secreted in any place, or that any of his towels, coats, aprons or toilet cabinets, a description of the name, mark or device whereon has been filed as aforesaid, are being unlawfully used or held within the jurisdiction of such court, such court shall, if sufficient reason is shown therefor, issue forthwith a search warrant, directed to any police officer or other proper officer, to discover and obtain the same; and such court shall issue a warrant for and cause to be brought before him the person in whose possession such bottles, cans, jars, boxes, siphons, towels, coats, aprons or toilet cabinets may be found, and shall inquire into the circumstances of such possession; and, if such court finds that such person has been guilty of a violation of section 35-20, he shall award the property taken upon such warrant to the owner thereof.
(1949 Rev., S. 6805; 1959, P.A. 28, S. 171; P.A. 74-183, S. 269, 291; P.A. 76-436, S. 232, 681; P.A. 78-280, S. 1, 127.)
History: 1959 act replaced trial justices and judges of city, borough, town or police courts with judges of circuit court; P.A. 74-183 replaced circuit court judges with judges of court of common pleas for county or judicial district, effective December 31, 1974; P.A. 76-436 replaced judges of common pleas court with superior court judges, effective July 1, 1978; P.A. 78-280 deleted reference to counties.