62 Minn. 232 | Minn. | 1895
By section 139 of the Municipal Code of 1893 of the city of St. Paul, it is enacted that: ‘'The city treasurer shall, at least three (3) months before the expiration of the time for re
The question now before us is whether section 139 is to be construed independently of section 122. If it is, the publication of the list and notice therein prescribed must be fully completed at least three months prior to the expiration of the time for redemption. Gaston v. Merriam, 33 Minn. 271, 22 N. W. 614. If, upon the other hand, section 122 affects and controls the publication specified in section 139, the law is complied with if the first of the publications is prior to the commencement of this three-months period. We agree with the court beloAV that section 139 must be regarded as standing alone, absolutely unaffected by the provisions found in section 122, for we are at a loss to discover hoAV the language used in the latter can regulate and control that in the former section, except by an unreasonable and arbitrary application.
Section 139 requires that at least three months before the expiration of the time for redemption the specified list and notice shall be published once a Aveek for six successive Aveeks. Section 122 enacts that the time specified for the publication of notices shall commence Avith the first publication. The time specified for publishing the list and notice mentioned in section 139 is not three months, but is once a week for six Aveeks. The treasurer is not required to give three months’ notice of the expiration of the time for redemption by publication once a week for six successiAre weeks. If this was the wording of the charter provision, section 122 would be applicable, and its language directly in point. Upon examina
Order affirmed.