(a) personally on the owners of the seized property; or
(b) by registered mail to the owners' last known address and by
publication of the notice once a week for two successive weeks in a
newspaper published or circulated in the county wherein the seizure was
made.
5. Forfeiture shall not be adjudged where the owners established by
preponderance of the evidence that:
(a) the use of such seized property was not intentional on the part of
any owner; or
(b) said seized property was used by any person other than an owner
thereof, while such seized property was unlawfully in the possession of
a person who acquired possession thereof in violation of the criminal
laws of the United States, or of any state.
6. The district attorney or the police department having custody of
the seized property, after such judicial determination of forfeiture,
shall, by a public notice of at least five days, sell such forfeited
property at public sale. The net proceeds of any such sale, after
deduction of the lawful expenses incurred, shall be paid into the
general fund of the county wherein the seizure was made except that the
net proceeds of the sale of property seized in the cities of New York,
Yonkers and Buffalo shall be paid into the respective general funds of
such cities.
7. Whenever any person interested in any property which is seized and
declared forfeited under the provisions of this section files with a
justice of the supreme court a petition for the recovery of such
forfeited property, the justice of the supreme court may restore said
forfeited property upon such terms and conditions as he deems reasonable
and just, if the petitioner establishes either of the affirmative
defenses set forth in subdivision five of this section and that the
petitioner was without personal or actual knowledge of the forfeiture
proceeding. If the petition be filed after the sale of the forfeited
property, any judgment in favor of the petitioner shall be limited to
the net proceeds of such sale, after deduction of the lawful expenses
and costs incurred by the district attorney, police department or
corporation counsel.
8. No suit or action under this section for wrongful seizure shall be
instituted unless such suit or action is commenced within two years
after the time when the property was seized.