out of the District Court against all persons having any right, title or interest in the property seized. Such summons shall particularly describe the property and state that the same is held for forfeiture and sale under the provisions of this act and that in default of answer or claim filed within thirty days after the service of such summons, the court will enter its order forfeiting such property to the State of North Dakota. Such summons shall be served in the manner provided for the service of summons in a civil action. When the name of the owner of such property can be ascertained, such summons shall be served upon him personally or by registered mail.
§ 5. Procedure After Service of Summons; Sale on Default.] If no answer shall be filed or claim made within the time allowed by this act, the District Court shall enter its order forfeiting such property to the State of North Dakota, and requiring the sale of same in the manner provided for the sale of personal property on execution.
§ 6. Return of Property After Hearing; Sale to Satisfy Lien.] If an answer is filed or claim made, the District Court shall proceed to hear and determine the claim according to law. If at such hearing any claimant shall prove to the satisfaction of the Court that he is the owner of such property or has a valid and bona fide lien thereon duly filed or recorded prior to the time such vehicle was seized and that he had no knowledge of the use of such vehicle or conveyance for such unlawful purpose, the Court shall order such property to be surrendered to him, if the owner. If the claimant is a lien holder, the lien shall be foreclosed and the property sold, and the proceeds from such sale shall be applied in payment of the costs of such sale and the satisfaction of the lien or liens. The balance of such sum shall be deposited as hereinafter provided.
§ 7. Order of Sale After Hearing.] If the claimant or claimants shall fail to sustain their claims, the District Court shall enter its order for the forfeiture and sale of the property as hereinbefore provided in case of default.
§ 8. Disposition of Proceeds of Sale.] After deducting the costs and expenses of a proceeding for sale under this act, the balance of all money received under the provisions of this act shall be paid to the treasurer of the county wherein the felony was committed, for the benefit of the state school fund.
§ 9. Emergency.] This act is hereby declared to be an emergency measure and shall be in full force and effect from and after its passage and approval.
Approved March 14, 1941.
