OAG 40-37.

• Case Date: August 17, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-37. 44OPINION NO. 40-37[20 Or. Op. Atty. Gen. 44]Before any herd or part of a herd of dairy animals or animals intended for breeding purposes may be sold at public auction sale, except under process of the court, they must be subjected to tuberculin test and receive a certificate of health from a qualified veterinarian.August 17, 1940.Mr. J. D. Mickle,Director, Department of Agriculture. Dear Sir: Under date of August 3, 1940, you submit a letter from the Regional Attorney, Office of the Solicitor of the United States Department of Agriculture, in which you are asked if you construe the exception in section 20-417, Oregon Code 1930, as amended by section 13, chapter 34, Oregon Laws, 1939, to apply to foreclosure sales in the statutory methods provided by section 54-208, Oregon Code 1930, including a sale by a sheriff upon the basis of an affidavit by a mortgagee, or a sale by a mortgagee when the mortgage provides for that method of foreclosure. Section 20-417, Oregon Code 1930, as amended by section 13, chapter 34, Oregon Laws, 1939, provides, among other things:

"* * * No public auction sale of any herd or part of a herd of dairy animals, or animals intended for breeding purposes, shall be held except under the process of court, unless all the animals offered for sale have, within 12 months prior to such sale, been submitted to a tuberculin test and received a certificate of health from a qualified veterinarian, setting forth the following facts: * * *".

The facts required to be set forth are enumerated in detail in the section, but are not material to this opinion. Section 54-208, Oregon Code 1930, provides:

"Whenever in any mortgage of goods and chattels the parties to such mortgage shall have provided the manner

45 in which such mortgage may be foreclosed, such mortgage, upon breach of the conditions thereof, may be foreclosed in the manner therein provided, and not otherwise; and if in any such mortgage the manner in which the same may be foreclosed shall not be provided, then upon the breach of the conditions thereof, in case the consideration of such mortgage shall not exceed the sum of $500, the same shall be foreclosed, and the mortgaged property sold by the sheriff or any constable of the county in which such mortgage has been filed, upon the written request of...