States, he shall order the property so unlawfully used sold as upon execution unless the owner shall show to the satisfaction of the court that he had no notice or knowledge or reason to believe that such property was used or intended to be used in the unlawful transportation of intoxicating liquor. The officer making any such sale, after deducting the expense of keeping the property, the fee for seizure, and the costs of sale, shall pay all liens according to their priority which are established at said hearing as being bona fide and as having been created without the lienor having any notice or knowledge that any such property was being used or was to be used for, or in, or in connection with, the unlawful transportation of liquor, and shall pay the balance of the proceeds into the county treasury of the county where such sale was made. All liens against property sold under the provisions of this section shall be transferred from the property to the proceeds of the sale of the property: Provided, That before any seizure is made hereunder the officer making the same shall disclose his authority as such officer. (1921, ch. 335, sec. 8.)

An officer who found an automobile loaded with whisky overturned on a public highway had authority to seize the liquor and the automobile. It was not necessary that the automobile be found in motion, nor that the person in charge be found with it. (167 Minn. 138.)

The proceeding against the automobile is a proceeding in rem and did not abate on the death of the owner. (157–138.)

The statute did not violate the Constitution in providing that the proceeding against the property should be tried by the court without a jury. (157 Minn. 138.)

SEC. 3233. Neglect of officer-Penalty-Any officer who shall willfully refuse or neglect to perform any duty imposed by this act shall be subject to penalties and forfeitures and removal from office as prescribed and provided by chapter 466, General Laws of Minnesota for 1919, and acts amendatory thereto. (1921, ch. 335, sec. 5.)

SEC. 3237. Certain acts declared to be murder.-Any person who shall unlawfully sell intoxicating liquor which, when drunk, causes the death of the person drinking the same, shall be guilty of murder in the third degree. (1923, ch. 393, sec. 1.)

SEC. 3238. Definition.-The term "sell" and "sale" and the term "intoxicating liquor," as used herein, shall have the same meaning as is prescribed therefor by section 1 of chapter 466 of the General Laws of Minnesota for 1919 and acts amendatory thereto. (1923, ch. 393, sec. 8.)

SEC. 3238-1. Sale of intoxicating liquors liable to cause permanent physical or mental injury a felony.-Any person who shall unlawfully sell intoxicating liquor which, when drunk, causes permanent physical or mental injury to the person drinking the same shall be guilty of a felony. (1925, ch. 221, sec. 1.)

PRIOR LAWS

SEC. 3238-3. Places where sale forbidden.-The sale of such liquor in any quantity whatever is also forbidden in the following places:

1. In any town or municipality in which a majority of votes at the last election at which the question of license was voted upon shall not have been in favor of license, or within one-half mile of any municipality, except that any intoxicating liquor manufactured within any such district may be sold to be consumed outside of such district.

2. Within the capitol or upon the grounds thereof.

3. Upon the State fairgrounds or within one-half mile thereof.

4. At any place on the east side of the Mississippi River within 1 mile from the main building of the University of Minnesota.

5. Within 1,500 feet of any State normal school or any public school outside of a municipality.

6. At more than five places on any one side of a block within and fronting upon the parallel limits of cities of the first class. (1533 [3142].)

SEC. 3238-4. Persons to whom sales, etc., illegal.-(a) It shall be unlawful for any person, except a licensed pharmacist as aforesaid, to sell, give, barter, furnish, or dispose of in any manner, either directly or indirectly, any spirituous, vinous, malt, or fermented liquors in any quantity, for any purpose whatever, to any minor person or to any pupil or student of any school or other educational institution in this State, or to any intoxicated person, or to any person of Indian blood, or to any public prostitute.

(b) It shall be unlawful for any person except a licensed pharmacist as aforesaid to sell, give, barter, furnish, or dispose of in any manner, either directly or indirectly, any spirituous, vinous, malt, or fermented liquors in any quantity, for any purpose whatever, to any spendthrift, habitual drunkard, or improvident person within one year after written notice by any peace officer, parent, guardian, master, employer, relative, or by any person annoyed or injured by the intoxication of such spendthrift, habitual drunkard, or improvident person, forbidding the sale to any such spendthrift, habitual drunkard, or improvident person.

Whoever shall in any way procure liquor for the use of any person named in this section shall be deemed to have sold it to such person. Any person violating any of the provisions of this section shall be deemed guilty of a gross misdemeanor. (R. L. 1905, sec. 1534, amended 1911, ch. 83; 1913, ch. 538, sec. 1 [3148].)

SEC. 3238-9. Sales, etc., to minors, habitual drunkards, or persons under guardianship, after notice.-Every person selling liquor to a minor, habitual drunkard, or person under guardianship, after written notice by a parent, husband, wife, child, guardian, master, or employer of such minority, habitual drunkenness, or guardianship, or in the case of a habitual drunkard after written notice by the mayor, chief of police, or any member of the council of the municipality in which such habitual drunkard resides, or member of the county board of the county in which such habitual drunkard resides, and within one year after such notice in case of a habitual drunkard, and in other cases during the continuance of the minority or guardianship, shall be punished by a fine of not less than $30 nor more than $100, or imprisonment in the county jail for not less than 30 days nor more than 90 days. (R. L. 1905, sec. 1559, amended 1907, ch. 247, sec. 1 [3178].)

SEC. 3238-13. Sale, etc., to Indians.-Whoever sells or in any way furnishes to any person of Indian blood, whether a member of any tribal organization or not, except as hereinbefore provided in case of licensed pharmacist, shall be guilty of a felony, and shall be punished by imprisonment in the State prison for not more than two years and a fine of not more than $300. (156 [3182].)