2007 Oregon Code - Chapter 174 :: Chapter 174 - Construction of Statutes - General Definitions
Chapter 174 —
Construction of Statutes; General Definitions
2007 EDITION
CONSTRUCTION OF STATUTES; DEFINITIONS
STATE LEGISLATIVE DEPARTMENT AND LAWS
CONSTRUCTION OF STATUTES
174.010Â Â Â Â General
rule for construction of statutes
174.020Â Â Â Â Legislative
intent; general and particular provisions; consideration of legislative history
174.030Â Â Â Â Construction
favoring natural right to prevail
174.040Â Â Â Â Severability
174.060Â Â Â Â Effect
of amendment of statute adopted by reference
174.070Â Â Â Â Effect
of repeal of validating or curative Act
174.080Â Â Â Â Effect
of repeal of repealing Act
174.090Â Â Â Â Effect
of repeal of repealing constitutional provision
GENERAL DEFINITIONS
(Miscellaneous)
174.100Â Â Â Â Definitions
174.102    “Agricultural
commodity,” “agricultural product” defined; harvesting or baling of straw as
farming practice
174.104    “Public
notice” defined
174.105    “War
veteran” defined
174.106    “Domesticated
elk” defined
174.107    “Person
with a disability” defined
(Public Bodies)
174.108Â Â Â Â Effect
of definitions
174.109    “Public
body” defined
174.111    “State
government” defined
174.112    “Executive
department” defined
174.113    “Judicial
department” defined
174.114    “Legislative
department” defined
174.116    “Local
government” and “local service district” defined
174.117    “Special
government body” defined
174.118Â Â Â Â Application
of definitions to ORS 174.108 to 174.118
COMPUTATION OF TIME
174.120Â Â Â Â Computation
of time; leap year
174.125Â Â Â Â Computation
of time period for personal service
MISCELLANEOUS
174.127Â Â Â Â Singular
or plural number; masculine, feminine or neuter gender
174.129Â Â Â Â Statutes,
rules and orders to use sex-neutral terms
174.130Â Â Â Â Majority
can exercise authority given jointly
174.140Â Â Â Â Construction
of “a surety” or similar words
174.160Â Â Â Â Mailing
methods authorized in place of notice by registered or certified mail
174.170Â Â Â Â Notice
by personal service equivalent to notice by mail
174.510Â Â Â Â Statute
revision of 1953 enacted as law; Oregon Revised Statutes; citation
174.515Â Â Â Â Duplicate
original of 1953 revision; evidentiary effect
174.520Â Â Â Â General
statutes enacted prior to January 12, 1953, repealed; exceptions
174.530Â Â Â Â Construction
of statutes enacted as part of 1953 revision
174.535Â Â Â Â Construction
of reviserÂ’s bills
174.540Â Â Â Â Parts
of printed statute editions not to be a part of the law
174.550Â Â Â Â Statute
revision of 1953 substituted for statutes repealed by ORS 174.520
174.580Â Â Â Â Oregon
Rules of Civil Procedure; citation form
174.590Â Â Â Â Statutory
terminology not intended to preserve procedural distinctions between actions
and suits
CROSS-REFERENCES
Construction of Statutes
Adoption laws not to be strictly construed,
109.305
Appropriation bills requiring
approval of Emergency Board before project started or contract let, how
requirement met, 291.336
Appropriations and limitations of
expenditures, construction, 291.305, 291.307
County charter and legislation
relating to matters of county concern, construction as regards inconsistent
Acts, 203.720
County court, references in
certain cases to be considered references to boards of county commissioners,
203.240
Independent contractor,
standards, 670.600
Insurance Code to be liberally
construed, 731.016
Limited liability company
included in certain terms, 63.002
Military code, construction
provisions, 396.015 to 396.045
     Applicability
of provisions that apply to governmental entities, 353.100
     Laws
not to be strictly construed, severability, 353.035
Repeal of statute authorizing
state agency to collect, receive and expend money, 182.080
Rules of civil procedure,
construction, ORCP 1
Secretary of State, reference to
audit, allowance or approval of claims, construction, 293.510
Voucher claims, references to be
construed as references to disbursements, 293.341
Dates and Deadlines
Computation of time for publication
of legal notices, 193.060
Filing or receiving documents
required by law to be filed with state agency, date of transmittal as date,
293.660
Filing or receiving tax
documents, when document deemed filed with tax official, 305.820
Holidays, acts required by
statute to be done are deferred until next day, 187.010
Definitions
For specific definitions, see
entries under “Words and Phrases” in Index (volume 19) to Oregon Revised
Statutes
Accounting terms, general
definitions, 291.001
Criminal Code, general
definitions, 161.015
Property taxation, general
definitions, 308.007
Public Contracting Code, general
definitions, 279A.010
Uniform Trust Code,
CONSTRUCTION OF STATUTES
     174.010
General rule for construction of statutes. In the construction of a statute, the office of the judge is simply to
ascertain and declare what is, in terms or in substance, contained therein, not
to insert what has been omitted, or to omit what has been inserted; and where
there are several provisions or particulars such construction is, if possible,
to be adopted as will give effect to all.
     174.020
Legislative intent; general and particular provisions; consideration of
legislative history. (1)(a)
In the construction of a statute, a court shall pursue the intention of the
legislature if possible.
     (b) To assist a court in its construction
of a statute, a party may offer the legislative history of the statute.
     (2) When a general and particular
provision are inconsistent, the latter is paramount to the former so that a
particular intent controls a general intent that is inconsistent with the
particular intent.
     (3) A court may limit its consideration of
legislative history to the information that the parties provide to the court. A
court shall give the weight to the legislative history that the court considers
to be appropriate. [Amended by 2001 c.438 §1]
     174.030
Construction favoring natural right to prevail. Where a statute is equally susceptible of
two interpretations, one in favor of natural right and the other against it,
the former is to prevail.
     174.040
Severability. It shall be
considered that it is the legislative intent, in the enactment of any statute,
that if any part of the statute is held unconstitutional, the remaining parts
shall remain in force unless:
     (1) The statute provides otherwise;
     (2) The remaining parts are so essentially
and inseparably connected with and dependent upon the unconstitutional part
that it is apparent that the remaining parts would not have been enacted
without the unconstitutional part; or
     (3) The remaining parts, standing alone,
are incomplete and incapable of being executed in accordance with the
legislative intent.
     174.050 [Repealed by 1983 c.740 §41]
     174.060
Effect of amendment of statute adopted by reference. When one statute refers to another, either
by general or by specific reference or designation, the reference shall extend
to and include, in addition to the statute to which reference was made,
amendments thereto and statutes enacted expressly in lieu thereof unless a
contrary intent is expressed specifically or unless the amendment to, or
statute enacted in lieu of, the statute referred to is substantially different
in the nature of its essential provisions from what the statute to which
reference was made was when the statute making the reference was enacted.
     174.070
Effect of repeal of validating or curative Act. The repeal of a validating or curative Act
shall not affect any validation or cure theretofore accomplished.
     174.080
Effect of repeal of repealing Act. Whenever a statute which repealed a former statute, either expressly
or by implication, is repealed, the former statute shall not thereby be revived
unless it is expressly so provided.
     174.090
Effect of repeal of repealing constitutional provision. Whenever a constitutional provision which
repeals or suspends in whole or in part a former constitutional provision,
either expressly or by implication, is repealed, the former constitutional
provision so repealed or suspended thereby shall not be revived unless it
expressly is so provided.
GENERAL
DEFINITIONS
(Miscellaneous)
     174.100
Definitions. As used in the
statute laws of this state, unless the context or a specially applicable
definition requires otherwise:
     (1) “Any other state” includes any state
and the
     (2) “City” includes any incorporated
village or town.
     (3) “County court” includes board of
county commissioners.
     (4) “May not” and “shall not” are
equivalent expressions of an absolute prohibition.
     (5) “Person” includes individuals,
corporations, associations, firms, partnerships, limited liability companies
and joint stock companies.
     (6) “State Treasury” includes those
financial assets the lawful custody of which are vested in the State Treasurer
and the office of the State Treasurer relating to the custody of those
financial assets.
     (7) “To” means “to and including” when
used in a reference to a series of statute sections, subsections or paragraphs.
     (8) “
     (9) “Violate” includes failure to comply. [Amended
by 1953 c.145 §2; 1957 c.360 §1; 1963 c.213 §1; 1965 c.518 §1; 1967 c.409 §1;
1983 c.327 §1; 1993 c.73 §1; 1995 c.93 §30; 2001 c.671 §1]
     Note: The amendments to 174.100 by section 1,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 174.100 by section 1, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 174.100, as amended by section
1, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     174.100. As used in the statute laws of this state,
unless the context or a specially applicable definition requires otherwise:
     (1) “Any other state” includes any state
and the
     (2) “City” includes any incorporated
village or town.
     (3) “County court” includes board of
county commissioners.
     (4) “May not” and “shall not” are
equivalent expressions of an absolute prohibition.
     (5) “Person” includes individuals,
corporations, associations, firms, partnerships, limited liability companies
and joint stock companies.
     (6) “Sexual orientation” means an
individualÂ’s actual or perceived heterosexuality, homosexuality, bisexuality or
gender identity, regardless of whether the individualÂ’s gender identity,
appearance, expression or behavior differs from that traditionally associated
with the individualÂ’s sex at birth.
     (7) “State Treasury” includes those
financial assets the lawful custody of which are vested in the State Treasurer
and the office of the State Treasurer relating to the custody of those
financial assets.
     (8) “To” means “to and including” when
used in a reference to a series of statute sections, subsections or paragraphs.
     (9) “
     (10) “Violate” includes failure to comply.
     174.102
“Agricultural commodity,” “agricultural product” defined; harvesting or baling
of straw as farming practice.
As used in the statute laws of this state and in any administrative rule
adopted pursuant thereto unless the context or a specifically applicable
definition requires otherwise:
     (1) The term “agricultural commodity” or “agricultural
product” includes straw.
     (2) The harvesting or baling of straw is a
farming practice. [1995 c.601 §1]
     174.103 [1987 c.162 §§1,2; 1989 c.264 §1; 2001 c.90 §1;
repealed by 2003 c.242 §7]
     174.104
“Public notice” defined. As
used in the statute laws of this state, unless the context or a specially
applicable definition requires otherwise, “public notice” means any legal
publication which requires an affidavit of publication as required in ORS
193.070, or is required by law to be published. [Formerly subsection (1) of
193.010]
     174.105
“War veteran” defined. (1)
As used in the statute laws of this state, unless the context or a specially
applicable definition requires otherwise, “war veteran” includes any citizen of
the United States who has been a member of and discharged or released under
honorable conditions from the Armed Forces of the United States of America,
and:
     (a) The service was for not less than 90
consecutive days, during any of the following periods:
     (A) The period between April 6, 1917, and
November 11, 1918;
     (B) The period between November 12, 1918,
and April 1, 1920, if the veteran served with the
     (C) The period between November 12, 1918,
and July 2, 1921, if the veteran served in active service at least one day
between April 6, 1917, and November 11, 1918;
     (D) The period between September 15, 1940,
and December 31, 1946; or
     (E) The period between June 25, 1950, and
midnight of January 31, 1955; or
     (b) The service was for not less than 210
consecutive days any part of which was subsequent to January 31, 1955.
     (2) Any citizen otherwise eligible under
this section who was discharged or released, under honorable conditions, on
account of service-connected injury or illness prior to the completion of the
minimum period of service prescribed in subsection (1) of this section, shall
nevertheless be considered to be a war veteran. Attendance at a school under
military orders, except schooling incident to an active enlistment or regular
tour of duty, or normal military training as a reserve officer or member of an
organized reserve or national guard unit is not considered active service
within the meaning of this section. [1967 c.409 §2; 2005 c.22 §122]
     174.106
“Domesticated elk” defined.
As used in the statute laws of this state, “domesticated elk” means North
American wapiti (Cervus canadensis), Manitoban elk (Cervus elaphus
manitobensis), Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk
(Cervus elaphus roosevelti) and Tule elk (Cervus elaphus nannodes) that are born
and raised in captivity. [2001 c.783 §1]
     174.107
“Person with a disability” defined. (1) As used in the statute laws of this state, “person with a
disability” means any person who:
     (a) Has a physical or mental impairment
which substantially limits one or more major life activities;
     (b) Has a record of such an impairment; or
     (c) Is regarded as having such an
impairment.
     (2) Specific types of disabilities shall
be considered subcategories under the definition of person with a disability. [1989
c.224 §2a; 2003 c.14 §70; 2007 c.70 §39]
(Public
Bodies)
     174.108
Effect of definitions. (1)
As used in the statutes of this state, a term defined in ORS 174.108 to 174.118
has the meaning provided by ORS 174.108 to 174.118 only if the statute using
the term makes specific reference to the provision of ORS 174.108 to 174.118
that defines the term and indicates that the term has the meaning specified in
that provision.
     (2) Nothing in ORS 174.108 to 174.118
affects the meaning of any statute that uses one or more of the terms defined
in ORS 174.108 to 174.118 and that is in effect on January 1, 2002. Nothing in
ORS 174.108 to 174.118 affects the meaning of any statute that uses one or more
of the terms defined in ORS 174.108 to 174.118 and that is enacted after
January 1, 2002, unless the statute makes specific reference to the provision
of ORS 174.108 to 174.118 that defines the term and indicates that the term has
the meaning specified in that provision.
     (3) None of the terms defined in ORS
174.108 to 174.118 includes the Oregon Health and
     174.109
“Public body” defined.
Subject to ORS 174.108, as used in the statutes of this state “public body”
means state government bodies, local government bodies and special government
bodies. [2001 c.74 §2]
     174.110 [Renumbered 174.127 in 2001]
     174.111
“State government” defined.
Subject to ORS 174.108, as used in the statutes of this state “state government”
means the executive department, the judicial department and the legislative
department. [2001 c.74 §3]
     174.112
“Executive department” defined.
(1) Subject to ORS 174.108, as used in the statutes of this state “executive
department” means all statewide elected officers other than judges, and all
boards, commissions, departments, divisions and other entities, without regard
to the designation given to those entities, that are within the executive
department of government as described in section 1, Article III of the Oregon
Constitution, and that are not:
     (a) In the judicial department or the legislative
department;
     (b) Local governments; or
     (c) Special government bodies.
     (2) Subject to ORS 174.108, as used in the
statutes of this state “executive department” includes:
     (a) An entity created by statute for the
purpose of giving advice only to the executive department and that does not
have members who are officers or employees of the judicial department or
legislative department;
     (b) An entity created by the executive
department for the purpose of giving advice to the executive department, if the
document creating the entity indicates that the entity is a public body; and
     (c) Any entity created by the executive
department other than an entity described in paragraph (b) of this subsection,
unless the document creating the entity indicates that the entity is not a
governmental entity or the entity is not subject to any substantial control by
the executive department. [2001 c.74 §4]
     174.113
“Judicial department” defined.
(1) Subject to ORS 174.108, as used in the statutes of this state “judicial department”
means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the
circuit courts and all administrative divisions of those courts, whether
denominated as boards, commissions, committees or departments or by any other
designation.
     (2) Subject to ORS 174.108, as used in the
statutes of this state “judicial department” includes:
     (a) An entity created by statute for the
purpose of giving advice only to the judicial department and that does not have
members who are officers or employees of the executive department or
legislative department;
     (b) An entity created by the judicial
department for the purpose of giving advice to the judicial department, if the
document creating the entity indicates that the entity is a public body; and
     (c) Any entity created by the judicial
department other than an entity described in paragraph (b) of this subsection,
unless the document creating the entity indicates that the entity is not a
governmental entity or the entity is not subject to any substantial control by
the judicial department. [2001 c.74 §5]
     174.114
“Legislative department” defined. (1) Subject to ORS 174.108, as used in the statutes of this state “legislative
department” means the Legislative Assembly, the committees of the Legislative
Assembly and all administrative divisions of the Legislative Assembly and its
committees, whether denominated as boards, commissions or departments or by any
other designation.
     (2) Subject to ORS 174.108, as used in the
statutes of this state “legislative department” includes:
     (a) An entity created by statute for the
purpose of giving advice only to the legislative department and that does not
have members who are officers or employees of the executive department or
judicial department;
     (b) An entity created by the legislative
department for the purpose of giving advice to the legislative department, but
that is not created by statute, if the document creating the entity indicates
that the entity is a public body; and
     (c) Any entity created by the legislative
department by a document other than a statute and that is not an entity
described in paragraph (b) of this subsection, unless the document creating the
entity indicates that the entity is not a governmental entity or the entity is
not subject to any substantial control by the legislative department. [2001
c.74 §6]
     174.115 [1979 c.391 §1; renumbered 174.129 in 2001]
     174.116
“Local government” and “local service district” defined. (1)(a) Subject to ORS 174.108, as used in
the statutes of this state “local government” means all cities, counties and
local service districts located in this state, and all administrative
subdivisions of those cities, counties and local service districts.
     (b) Subject to ORS 174.108, as used in the
statutes of this state “local government” includes:
     (A) An entity created by statute,
ordinance or resolution for the purpose of giving advice only to a local
government;
     (B) An entity created by local government
for the purpose of giving advice to local government and that is not created by
ordinance or resolution, if the document creating the entity indicates that the
entity is a public body; and
     (C) Any entity created by local government
other than an entity described in subparagraph (B) of this paragraph, unless
the ordinance, resolution or other document creating the entity indicates that
the entity is not a governmental entity or the entity is not subject to any
substantial control by local government.
     (2) Subject to ORS 174.108, as used in the
statutes of this state “local service district” means:
     (a) An economic improvement district
created under ORS 223.112 to 223.132 or 223.141 to 223.161.
     (b) A people’s utility district organized
under ORS chapter 261.
     (c) A domestic water supply district
organized under ORS chapter 264.
     (d) A cemetery maintenance district
organized under ORS chapter 265.
     (e) A park and recreation district
organized under ORS chapter 266.
     (f) A mass transit district organized
under ORS 267.010 to 267.390.
     (g) A transportation district organized
under ORS 267.510 to 267.650.
     (h) A metropolitan service district
organized under ORS chapter 268.
     (i) A translator district organized under
ORS 354.605 to 354.715.
     (j) A library district organized under ORS
357.216 to 357.286.
     (k) A county road district organized under
ORS 371.055 to 371.110.
     (L) A special road district organized
under ORS 371.305 to 371.360.
     (m) A road assessment district organized
under ORS 371.405 to 371.535.
     (n) A highway lighting district organized
under ORS chapter 372.
     (o) A 9-1-1 communications district
organized under ORS 401.818 to 401.857.
     (p) A health district organized under ORS
440.305 to 440.410.
     (q) A sanitary district organized under
ORS 450.005 to 450.245.
     (r) A sanitary authority, water authority
or joint water and sanitary authority organized under ORS 450.600 to 450.989.
     (s) A county service district organized
under ORS chapter 451.
     (t) A vector control district organized
under ORS 452.020 to 452.170.
     (u) A rural fire protection district
organized under ORS chapter 478.
     (v) A geothermal heating district
organized under ORS chapter 523.
     (w) An irrigation district organized under
ORS chapter 545.
     (x) A drainage district organized under
ORS chapter 547.
     (y) A diking district organized under ORS
chapter 551.
     (z) A water improvement district organized
under ORS chapter 552.
     (aa) A water control district organized
under ORS chapter 553.
     (bb) A district improvement company or a
district improvement corporation organized under ORS chapter 554.
     (cc) A weather modification district
organized under ORS 558.200 to 558.440.
     (dd) A fair district formed under ORS
chapter 565.
     (ee) A soil and water conservation
district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.
     (ff) A weed control district organized under
ORS 570.505 to 570.575.
     (gg) A port organized under ORS 777.005 to
777.725 and 777.915 to 777.953.
     (hh) The
     (ii) An airport district established under
ORS chapter 838.
     (jj) A heritage district organized under
ORS 198.973 to 198.989. [2001 c.74 §7; 2003 c.802 §1; 2007 c.562 §18]
     174.117
“Special government body” defined. (1) Subject to ORS 174.108, as used in the statutes of this state “special
government body” means any of the following:
     (a) A public corporation created under a
statute of this state and specifically designated as a public corporation.
     (b) A school district.
     (c) A public charter school established
under ORS chapter 338.
     (d) An education service district.
     (e) A community college district or
community college service district established under ORS chapter 341.
     (f) An intergovernmental body formed by
two or more public bodies.
     (g) Any entity that is created by statute,
ordinance or resolution that is not part of state government or local
government.
     (h) Any entity that is not otherwise
described in this section that is:
     (A) Not part of state government or local
government;
     (B) Created pursuant to authority granted
by a statute, ordinance or resolution, but not directly created by that
statute, ordinance or resolution; and
     (C) Identified as a governmental entity by
the statute, ordinance or resolution authorizing the creation of the entity,
without regard to the specific terms used by the statute, ordinance or
resolution.
     (2) Subject to ORS 174.108, as used in the
statutes of this state “special government body” includes:
     (a) An entity created by statute for the
purpose of giving advice only to a special government body;
     (b) An entity created by a special
government body for the purpose of giving advice to the special government
body, if the document creating the entity indicates that the entity is a public
body; and
     (c) Any entity created by a special
government body described in subsection (1) of this section, other than an
entity described in paragraph (b) of this subsection, unless the document
creating the entity indicates that the entity is not a governmental entity or
the entity is not subject to any substantial control by the special government
body. [2001 c.74 §8]
     174.118
Application of definitions to ORS 174.108 to 174.118. The definitions provided by ORS 174.108 to
174.118 apply to ORS 174.108 to 174.118. [2001 c.74 §9]
COMPUTATION
OF TIME
     174.120
Computation of time; leap year.
(1) The time within which an act is to be done, as provided in the civil and
criminal procedure statutes, is computed by excluding the first day and
including the last unless the last day falls upon any legal holiday or on
Saturday, in which case the last day is also excluded.
     (2) For the purposes of the determining
whether a person has complied with a statutory time limitation governing an act
to be performed in a circuit court, the Oregon Tax Court, the Court of Appeals
or the Supreme Court, the time prescribed by law for the performance of the act
does not include the day on which the specified period begins to run. The
designated period does include the last day unless the last day is:
     (a) A legal holiday or Saturday;
     (b) A day on which the court is closed for
the purpose of filing pleadings and other documents;
     (c) A day on which the court is closed by
order of the Chief Justice, to the extent provided by the order; or
     (d) A day on which the court is closed
before the end of the normal hours during which pleadings and other documents
may be filed.
     (3) If the last day of a designated period
is excluded under the provisions of subsection (2) of this section, the act
must be performed on the next day that the court is open for the purpose of
filing pleadings and other documents.
     (4) The provisions of subsections (2) and
(3) of this section apply to time limitations established by statutes of
limitation and other procedural statutes governing civil and criminal
proceedings.
     (5) If a statute of limitation or other
procedural statute governing civil and criminal proceedings provides that an
act be done within one or more years, the time for performing the act is
computed in calendar years. If the specified period begins to run on a date
other than February 29, the act must be done on or before the same date in the
calendar year in which the specified period ends as the date in the calendar
year in which the specified period began to run. If the specified period of
time begins to run on February 29, the act must be done on or before February
28 of the calendar year in which the specified period ends. [Amended by 1979
c.284 §118; 1985 c.282 §2; 2002 s.s.1 c.10 §6; 2003 c.228 §1]
     174.125
Computation of time period for personal service. Notwithstanding ORCP 10 and ORS 174.120 (1),
if a time period is prescribed or allowed for personal service of a document or
notice on a public officer or the filing of a document or notice with a public
office, other than a time period subject to ORS 174.120 (2), and if the last
day falls on a day when that particular office is closed before the end of or
for all of the normal work day, the last day shall be excluded in computing the
period of time within which the document or notice is to be filed. If the last
day is so excluded, the time period runs until the close of office hours on the
next day the office is open for business. [1983 c.548 §1; 2002 s.s.1 c.10 §8]
MISCELLANEOUS
     174.127
Singular or plural number; masculine, feminine or neuter gender. As used in the statute laws of this state:
     (1) The singular number may include the
plural and the plural number, the singular.
     (2) Words used in the masculine gender may
include the feminine and the neuter. [Formerly 174.110]
     174.129
Statutes, rules and orders to use sex-neutral terms. It shall be the policy of the State of
     174.130
Majority can exercise authority given jointly. Any authority conferred by law upon three or
more persons may be exercised by a majority of them unless expressly otherwise
provided by law.
     174.140
Construction of “a surety” or similar words. In any statute requiring a public official to furnish a fidelity bond
or bond conditioned upon the faithful performance of the duties of the
official, whenever the words “a surety” or “a corporate insurance company” or
words of similar import are used in referring to execution of the bond, the
bond may be executed by one or more sureties, or one or more corporate
insurance companies, unless the particular statute specifically provides
otherwise. [1955 c.289 §1]
     174.150 [1957 c.146 §1; repealed by 1969 c.292 §3]
     174.160
Mailing methods authorized in place of notice by registered or certified mail. Whenever, for the purpose of giving notice,
registered or certified mail, with or without return receipt, is authorized or
required by or pursuant to statute, it is sufficient to use in lieu thereof any
mailing method that provides for a return receipt. [1969 c.292 §1]
     174.170
Notice by personal service equivalent to notice by mail. Whenever notice by any mailing method is
authorized or required by or pursuant to statute, notice given by personal
service that meets the requirements for service of a summons is equivalent
thereto. [1969 c.292 §2]
     174.510
Statute revision of 1953 enacted as law;
     (2) The statute laws described in
subsection (1) of this section, together with sections compiled in parts
bearing the certificate of the Legislative Counsel pursuant to ORS 171.285, may
be cited as Oregon Revised Statutes. In citing a specific section of Oregon
Revised Statutes, the designation “ORS (number of section)” may be used. [1953
c.3 §§1,7; 1961 c.90 §2]
     174.515
Duplicate original of 1953 revision; evidentiary effect. The three volumes entitled “Proposed Oregon
Revised Statutes,” consisting of pages 1 through 1,058 in Volume 1, pages 1
through 2,066 in Volume 2 and pages 1 through 1,915 in Volume 3, on file in the
office of the Secretary of State on January 1, 1961, are considered to be a
duplicate original of the statute laws described in ORS 174.510 (1). A copy of
all or any part of these volumes, certified by the Secretary of State, has the
same effect as a copy of the same part of the original, certified by the
Secretary of State. [1961 c.90 §1]
     174.520
General statutes enacted prior to January 12, 1953, repealed; exceptions. (1) All statute laws of
     (2) If any provision of the statute laws
described in ORS 174.510 (1), derived from an Act that amended or repealed a
preexisting statute, is held unconstitutional, the provisions of subsection (1)
of this section shall not prevent the preexisting statute from being law if
that appears to have been the intent of the Legislative Assembly or the people.
[1953 c.3 §§2,6; 1961 c.90 §3]
     174.530
Construction of statutes enacted as part of 1953 revision. The statute laws described in ORS 174.510
(1) are intended to speak for themselves. All sections of the statute laws so
described are considered to speak as of the same date, except that in cases of
conflict between two or more sections or of an ambiguity in a section,
reference may be had to the Acts from which the sections are derived, for the
purpose of applying the rules of construction relating to repeal or amendment
by implication or for the purpose of resolving the ambiguity. [1953 c.3 §3;
1961 c.90 §4]
     174.535
Construction of reviserÂ’s bills. It is the policy of the Legislative Assembly to revise sections from
Oregon Revised Statutes and
     174.540
Parts of printed statute editions not to be a part of the law. Title heads, chapter heads, division heads,
section and subsection heads or titles, and explanatory notes and
cross-references, in the statute laws described in ORS 174.510 (1) and in parts
of Oregon Revised Statutes, do not constitute any part of the law. [1953 c.3 §4;
1961 c.90 §5]
     174.550
Statute revision of 1953 substituted for statutes repealed by ORS 174.520. The provisions of the statute laws described
in ORS 174.510 (1) are considered as substituted in a continuing way for the
provisions of the prior statute laws repealed by ORS 174.520. [1953 c.3 §5;
1961 c.90 §6]
     174.560 [1953 c.3 §8; repealed by 1961 c.90 §7]
     174.580
     (2) In citing a specific rule of the
Oregon Rules of Civil Procedure, the designation “ORCP (number of rule)” may be
used. For example, Rule 7, section D, subsection (3), paragraph (a),
subparagraph (i), may be cited as ORCP 7 D(3)(a)(i). [1979 c.284 §4; 1993 c.18 §30]
     174.590
Statutory terminology not intended to preserve procedural distinctions between
actions and suits.
References in the statute laws of this state, including provisions of law
deemed to be rules of court as provided in ORS 1.745, in effect on or after
January 1, 1980, to actions, actions at law, proceedings at law, suits, suits
in equity, proceedings in equity, judgments or decrees are not intended and
shall not be construed to retain procedural distinctions between actions at law
and suits in equity abolished by ORCP 2. [1979 c.284 §5]
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CHAPTER 175
[Reserved for expansion]
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