OAG 40-83.
Case Date | October 10, 1940 |
Court | Oregon |
"Within four months after the day of delinquency of taxes of each year the tax collector shall prepare a list of all real properties then subject to foreclosure. * * *"Section 3 provides:
"On the day which is six months after the day of delinquency of taxes of the latest year, the tax collector, with the assistance of the district attorney, shall institute proceedings to foreclose the liens for all the delinquent taxes against each of the several properties included in such foreclosure list. * * *"In Childs v. Marion County, 97 Pac. (2d) 955, the supreme court of Oregon had occasion to construe these two sections of the statute in determining the question of whether or not foreclosure proceedings could be legally conducted after expiration of the time provided in said sections, and applied the rule stated in 2 Lewis' Sutherland Construction, 2nd Edition, page 1116, section 611:
"Unless a fair consideration of a statute, directing the mode of proceeding of public officers, shows that the legislature intended compliance with the provision in relation thereto to be essential to the validity of the proceeding, it is to be regarded as directory merely. Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly and prompt conduct of the business, and by the failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as...
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