2007 Oregon Code - Chapter 42 :: Chapter 42 - Execution - Formalities and Interpretation of Writings
Chapter 42 — Execution,
Formalities and Interpretation of Writings
2007 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     42.005 [1981 c.892 §79a; 1993 c.546 §96; repealed by 2001 c.104 §13]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     42.050 [Repealed by 1981 c.892 §98]
     42.060 [Repealed by 1981 c.892 §98]
     42.070 [Repealed by 1981 c.892 §98]
     42.080 [Repealed by 1981 c.892 §98]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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