2005 Oregon Code - Chapter 42 :: Chapter 42 - Execution - Formalities and Interpretation of Writings
Chapter 42 — Execution, Formalities and Interpretation of Writings
2005 EDITION
WRITINGS
EVIDENCE AND WITNESSES
PRIVATE WRITINGS
42.010Â Â Â Â Â Â Private writings
42.020Â Â Â Â Â Â Execution of a writing
42.030Â Â Â Â Â Â Subscribing witness
42.040Â Â Â Â Â Â Proof of attested writing other than a will
SEALS
42.110Â Â Â Â Â Â Seal defined
42.115Â Â Â Â Â Â Effect of presence or absence of seal
42.125Â Â Â Â Â Â Seal of state officer or state agency authorized
INTERPRETATION OF WRITINGS
42.210Â Â Â Â Â Â Effect of the place of execution
42.220Â Â Â Â Â Â Consideration of circumstances
42.230Â Â Â Â Â Â Office of judge in construing instruments
42.240Â Â Â Â Â Â Intention of the parties; general and particular provisions and intents
42.250Â Â Â Â Â Â Terms construed as generally accepted; evidence of other signification
42.260Â Â Â Â Â Â Ambiguous terms
42.270Â Â Â Â Â Â Written words control printed form
42.280Â Â Â Â Â Â Deciphering characters and translating languages
42.290Â Â Â Â Â Â Construction of notices
42.300Â Â Â Â Â Â Parties to written instrument not to deny facts recited therein
     42.005 [1981 c.892 §79a; 1993 c.546
§96; repealed by 2001 c.104 §13]
PRIVATE WRITINGS
     42.010
Private writings. All writings, other than public writings, are private and
may be sealed or unsealed.
     42.020
Execution of a writing. The execution of a writing is the subscribing and
delivering it, with or without affixing a seal.
     42.030
Subscribing witness. A subscribing witness is one who sees a writing
executed, or hears it acknowledged, and at the request of the party thereupon
signs oneÂ’s name as a witness.
     42.040
Proof of attested writing other than a will. Any attested writing other
than a will may be proved in the same manner as though it had not been
attested.
     42.050
[Repealed by 1981 c.892 §98]
     42.060
[Repealed by 1981 c.892 §98]
     42.070
[Repealed by 1981 c.892 §98]
     42.080
[Repealed by 1981 c.892 §98]
SEALS
     42.110
Seal defined. A seal is a particular sign made to attest in the most formal
manner the execution of an instrument.
     42.115
Effect of presence or absence of seal. The presence or absence of a seal,
corporate or otherwise, shall have no effect upon the validity, enforceability
or character of any written instrument except where specifically otherwise
provided by statute. A writing under seal may be modified or discharged by
writing not under seal or by a valid oral agreement. [1965 c.502 §2]
     42.120
[Repealed by 1965 c.502 §6]
     42.125
Seal of state officer or state agency authorized. (1) For the purposes of
ORS 40.510 (1)(a) and (d), each state officer and state agency may have a seal
which, unless specifically provided otherwise by law, shall consist of an
impression, imprint or likeness of the state seal accompanied by the name of
the state officer or state agency.
     (2) As used in this section:
     (a) “Seal” has the meaning given that term in ORS 42.110.
     (b) “State agency” means every state officer, board, commission, department, institution, branch or agency of the state government, except:
     (A) The Legislative Assembly and the courts and their officers and committees; and
     (B) The Public Defense Services Commission.
     (c) “State officer” includes any appointed state official who is authorized by the Oregon Department of Administrative Services to have a seal and any elected state official, except members of the Legislative Assembly. [1982 s.s.1 c.14 §1; 2003 c.449 §23; 2005 c.22 §32]
     42.130
[Repealed by 1965 c.502 §6]
     42.140
[Repealed by 1965 c.502 §6]
     42.150
[Repealed by 1965 c.502 §6]
     42.160
[Repealed by 1965 c.502 §6]
INTERPRETATION OF WRITINGS
     42.210
Effect of the place of execution. The language of a writing is to be
interpreted according to the meaning it bears in the place of execution, unless
the parties have reference to a different place.
     42.220
Consideration of circumstances. In construing an instrument, the
circumstances under which it was made, including the situation of the subject
and of the parties, may be shown so that the judge is placed in the position of
those whose language the judge is interpreting.
     42.230
Office of judge in construing instruments. In the construction of an
instrument, 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.
     42.240
Intention of the parties; general and particular provisions and intents. In
the construction of an instrument the intention of the parties is to be pursued
if possible; and when a general and particular provision are inconsistent, the
latter is paramount to the former. So a particular intent shall control a
general one that is inconsistent with it.
     42.250
Terms construed as generally accepted; evidence of other signification. The
terms of a writing are presumed to have been used in their primary and general
acceptation, but evidence is admissible that they have a technical, local, or
otherwise peculiar signification and were used and understood in the particular
instance, in which case the agreement shall be construed accordingly.
     42.260
Ambiguous terms. When the terms of an agreement have been intended in a
different sense by the parties, that sense is to prevail, against either party,
in which the party supposed the other understood it. When different
constructions of a provision are otherwise equally proper, that construction is
to be taken which is most favorable to the party in whose favor the provision
was made.
     42.270
Written words control printed form. When an instrument consists partly of
written words and partly of a printed form, and the two are inconsistent, the
former controls.
     42.280
Deciphering characters and translating languages. When the characters in
which an instrument is written are difficult to be deciphered, or the language
is not understood by the court, evidence of persons skilled in deciphering the
characters, or who understand the language, is admissible to declare the
characters or the meaning of the language.
     42.290
Construction of notices. A written notice is to be construed according to
the ordinary acceptation of its terms. Thus, a notice to the drawers or
indorsers of a bill of exchange or promissory note, that it has been protested
for want of acceptance or payment, shall be held to import that it has been
duly presented for acceptance or payment and refused, and that the holder looks
for payment to the person to whom the notice is given.
     42.300
Parties to written instrument not to deny facts recited therein. Except for
the recital of a consideration, the truth of the facts recited from the recital
in a written instrument shall not be denied by the parties thereto, their
representatives or successors in interest by a subsequent title. [1981 c.892
§83]
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