42.010Private writings.All writings, other than public writings, are private and may be sealed orunsealed.
42.020Execution of a writing. The execution of a writing is the subscribing anddelivering it, with or without affixing a seal.
42.030Subscribing witness.A subscribing witness is one who sees a writing executed, or hears itacknowledged, and at the request of the party thereupon signs one’s name as awitness.
42.040Proof of attested writing other than a will. Any attested writing other thana will may be proved in the same manner as though it had not been attested.
42.050 [Repealed by1981 c.892 §98]
42.060 [Repealed by1981 c.892 §98]
42.070 [Repealed by1981 c.892 §98]
42.080 [Repealed by1981 c.892 §98]
SEALS
42.110Seal defined.A seal is a particular sign made to attest in the most formal manner theexecution of an instrument.
42.115Effect of presence or absence of seal. The presence or absence of a seal,corporate or otherwise, shall have no effect upon the validity, enforceabilityor character of any written instrument except where specifically otherwiseprovided by statute. A writing under seal may be modified or discharged bywriting not under seal or by a valid oral agreement. [1965 c.502 §2]
42.120 [Repealed by1965 c.502 §6]
42.125Seal of state officer or state agency authorized. (1) For thepurposes of ORS 40.510 (1)(a) and (d), each state officer and state agency mayhave a seal which, unless specifically provided otherwise by law, shall consistof an impression, imprint or likeness of the state seal accompanied by the nameof 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 theOregon Department of Administrative Services to have a seal and any electedstate 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42.130 [Repealed by1965 c.502 §6]
42.140 [Repealed by1965 c.502 §6]
42.150 [Repealed by1965 c.502 §6]
42.160 [Repealed by1965 c.502 §6]
INTERPRETATIONOF WRITINGS
42.210Effect of the place of execution. The language of a writing is to beinterpreted according to the meaning it bears in the place of execution, unlessthe parties have reference to a different place.
42.220Consideration of circumstances. In construing an instrument, thecircumstances under which it was made, including the situation of the subjectand of the parties, may be shown so that the judge is placed in the position ofthose whose language the judge is interpreting.
42.230Office of judge in construing instruments. In the construction of aninstrument, 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 beenomitted, or to omit what has been inserted; and where there are severalprovisions or particulars, such construction is, if possible, to be adopted as willgive effect to all.
42.240Intention of the parties; general and particular provisions and intents. In theconstruction of an instrument the intention of the parties is to be pursued ifpossible; and when a general and particular provision are inconsistent, thelatter is paramount to the former. So a particular intent shall control ageneral one that is inconsistent with it.
42.250Terms construed as generally accepted; evidence of other signification. The terms of awriting are presumed to have been used in their primary and generalacceptation, but evidence is admissible that they have a technical, local, orotherwise peculiar signification and were used and understood in the particularinstance, in which case the agreement shall be construed accordingly.
42.260Ambiguous terms.When the terms of an agreement have been intended in a different sense by theparties, that sense is to prevail, against either party, in which the partysupposed the other understood it. When different constructions of a provisionare otherwise equally proper, that construction is to be taken which is mostfavorable to the party in whose favor the provision was made.
42.270Written words control printed form. When an instrument consists partly ofwritten words and partly of a printed form, and the two are inconsistent, theformer controls.
42.280Deciphering characters and translating languages. When thecharacters in which an instrument is written are difficult to be deciphered, orthe language is not understood by the court, evidence of persons skilled indeciphering the characters, or who understand the language, is admissible todeclare the characters or the meaning of the language.
42.290Construction of notices. A written notice is to be construed according to theordinary acceptation of its terms. Thus, a notice to the drawers or indorsersof a bill of exchange or promissory note, that it has been protested for wantof acceptance or payment, shall be held to import that it has been dulypresented for acceptance or payment and refused, and that the holder looks forpayment to the person to whom the notice is given.
42.300Parties to written instrument not to deny facts recited therein. Except for therecital of a consideration, the truth of the facts recited from the recital ina written instrument shall not be denied by the parties thereto, theirrepresentatives or successors in interest by a subsequent title. [1981 c.892 §83]
42.010Private writings.All writings, other than public writings, are private and may be sealed orunsealed.
42.020Execution of a writing. The execution of a writing is the subscribing anddelivering it, with or without affixing a seal.
42.030Subscribing witness.A subscribing witness is one who sees a writing executed, or hears itacknowledged, and at the request of the party thereupon signs one’s name as awitness.
42.040Proof of attested writing other than a will. Any attested writing other thana will may be proved in the same manner as though it had not been attested.
42.050 [Repealed by1981 c.892 §98]
42.060 [Repealed by1981 c.892 §98]
42.070 [Repealed by1981 c.892 §98]
42.080 [Repealed by1981 c.892 §98]
SEALS
42.110Seal defined.A seal is a particular sign made to attest in the most formal manner theexecution of an instrument.
42.115Effect of presence or absence of seal. The presence or absence of a seal,corporate or otherwise, shall have no effect upon the validity, enforceabilityor character of any written instrument except where specifically otherwiseprovided by statute. A writing under seal may be modified or discharged bywriting not under seal or by a valid oral agreement. [1965 c.502 §2]
42.120 [Repealed by1965 c.502 §6]
42.125Seal of state officer or state agency authorized. (1) For thepurposes of ORS 40.510 (1)(a) and (d), each state officer and state agency mayhave a seal which, unless specifically provided otherwise by law, shall consistof an impression, imprint or likeness of the state seal accompanied by the nameof 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 theOregon Department of Administrative Services to have a seal and any electedstate 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 by1965 c.502 §6]
42.140 [Repealed by1965 c.502 §6]
42.150 [Repealed by1965 c.502 §6]
42.160 [Repealed by1965 c.502 §6]
INTERPRETATIONOF WRITINGS
42.210Effect of the place of execution. The language of a writing is to beinterpreted according to the meaning it bears in the place of execution, unlessthe parties have reference to a different place.
42.220Consideration of circumstances. In construing an instrument, thecircumstances under which it was made, including the situation of the subjectand of the parties, may be shown so that the judge is placed in the position ofthose whose language the judge is interpreting.
42.230Office of judge in construing instruments. In the construction of aninstrument, 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 beenomitted, or to omit what has been inserted; and where there are severalprovisions or particulars, such construction is, if possible, to be adopted as willgive effect to all.
42.240Intention of the parties; general and particular provisions and intents. In theconstruction of an instrument the intention of the parties is to be pursued ifpossible; and when a general and particular provision are inconsistent, thelatter is paramount to the former. So a particular intent shall control ageneral one that is inconsistent with it.
42.250Terms construed as generally accepted; evidence of other signification. The terms of awriting are presumed to have been used in their primary and generalacceptation, but evidence is admissible that they have a technical, local, orotherwise peculiar signification and were used and understood in the particularinstance, in which case the agreement shall be construed accordingly.
42.260Ambiguous terms.When the terms of an agreement have been intended in a different sense by theparties, that sense is to prevail, against either party, in which the partysupposed the other understood it. When different constructions of a provisionare otherwise equally proper, that construction is to be taken which is mostfavorable to the party in whose favor the provision was made.
42.270Written words control printed form. When an instrument consists partly ofwritten words and partly of a printed form, and the two are inconsistent, theformer controls.
42.280Deciphering characters and translating languages. When thecharacters in which an instrument is written are difficult to be deciphered, orthe language is not understood by the court, evidence of persons skilled indeciphering the characters, or who understand the language, is admissible todeclare the characters or the meaning of the language.
42.290Construction of notices. A written notice is to be construed according to theordinary acceptation of its terms. Thus, a notice to the drawers or indorsersof a bill of exchange or promissory note, that it has been protested for wantof acceptance or payment, shall be held to import that it has been dulypresented for acceptance or payment and refused, and that the holder looks forpayment to the person to whom the notice is given.
42.300Parties to written instrument not to deny facts recited therein. Except for therecital of a consideration, the truth of the facts recited from the recital ina written instrument shall not be denied by the parties thereto, theirrepresentatives or successors in interest by a subsequent title. [1981 c.892 §83]
42.010Private writings.All writings, other than public writings, are private and may be sealed orunsealed.
42.020Execution of a writing. The execution of a writing is the subscribing anddelivering it, with or without affixing a seal.
42.030Subscribing witness.A subscribing witness is one who sees a writing executed, or hears itacknowledged, and at the request of the party thereupon signs one’s name as awitness.
42.040Proof of attested writing other than a will. Any attested writing other thana will may be proved in the same manner as though it had not been attested.
42.050 [Repealed by1981 c.892 §98]
42.060 [Repealed by1981 c.892 §98]
42.070 [Repealed by1981 c.892 §98]
42.080 [Repealed by1981 c.892 §98]
SEALS
42.110Seal defined.A seal is a particular sign made to attest in the most formal manner theexecution of an instrument.
42.115Effect of presence or absence of seal. The presence or absence of a seal,corporate or otherwise, shall have no effect upon the validity, enforceabilityor character of any written instrument except where specifically otherwiseprovided by statute. A writing under seal may be modified or discharged bywriting not under seal or by a valid oral agreement. [1965 c.502 §2]
42.120 [Repealed by1965 c.502 §6]
42.125Seal of state officer or state agency authorized. (1) For thepurposes of ORS 40.510 (1)(a) and (d), each state officer and state agency mayhave a seal which, unless specifically provided otherwise by law, shall consistof an impression, imprint or likeness of the state seal accompanied by the nameof 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 theOregon Department of Administrative Services to have a seal and any electedstate 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 by1965 c.502 §6]
42.140 [Repealed by1965 c.502 §6]
42.150 [Repealed by1965 c.502 §6]
42.160 [Repealed by1965 c.502 §6]
INTERPRETATIONOF WRITINGS
42.210Effect of the place of execution. The language of a writing is to beinterpreted according to the meaning it bears in the place of execution, unlessthe parties have reference to a different place.
42.220Consideration of circumstances. In construing an instrument, thecircumstances under which it was made, including the situation of the subjectand of the parties, may be shown so that the judge is placed in the position ofthose whose language the judge is interpreting.
42.230Office of judge in construing instruments. In the construction of aninstrument, 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 beenomitted, or to omit what has been inserted; and where there are severalprovisions or particulars, such construction is, if possible, to be adopted as willgive effect to all.
42.240Intention of the parties; general and particular provisions and intents. In theconstruction of an instrument the intention of the parties is to be pursued ifpossible; and when a general and particular provision are inconsistent, thelatter is paramount to the former. So a particular intent shall control ageneral one that is inconsistent with it.
42.250Terms construed as generally accepted; evidence of other signification. The terms of awriting are presumed to have been used in their primary and generalacceptation, but evidence is admissible that they have a technical, local, orotherwise peculiar signification and were used and understood in the particularinstance, in which case the agreement shall be construed accordingly.
42.260Ambiguous terms.When the terms of an agreement have been intended in a different sense by theparties, that sense is to prevail, against either party, in which the partysupposed the other understood it. When different constructions of a provisionare otherwise equally proper, that construction is to be taken which is mostfavorable to the party in whose favor the provision was made.
42.270Written words control printed form. When an instrument consists partly ofwritten words and partly of a printed form, and the two are inconsistent, theformer controls.
42.280Deciphering characters and translating languages. When thecharacters in which an instrument is written are difficult to be deciphered, orthe language is not understood by the court, evidence of persons skilled indeciphering the characters, or who understand the language, is admissible todeclare the characters or the meaning of the language.
42.290Construction of notices. A written notice is to be construed according to theordinary acceptation of its terms. Thus, a notice to the drawers or indorsersof a bill of exchange or promissory note, that it has been protested for wantof acceptance or payment, shall be held to import that it has been dulypresented for acceptance or payment and refused, and that the holder looks forpayment to the person to whom the notice is given.
42.300Parties to written instrument not to deny facts recited therein. Except for therecital of a consideration, the truth of the facts recited from the recital ina written instrument shall not be denied by the parties thereto, theirrepresentatives or successors in interest by a subsequent title. [1981 c.892 §83]
