Terms Used In Oregon Statutes > Chapter 40 > Relevancy

• Adequate fence: means a continuous barrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire or the combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress or egress of cattle or equines into or from the lands enclosed by the barrier. See Oregon Statutes 607.007
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Bequeath: To gift property by will.
• Brand: means a distinctive design, mark or other means of identification applied to a designated location of the hide, wool or skin of livestock, by methods prescribed by administrative rule of the State Department of Agriculture promulgated pursuant to ORS Chapter 183. See Oregon Statutes 604.005
• Brand inspection: means the department's:

  (a) Examination of the brands, tags, breed, flesh marks including dewlaps and wattles, earmarks, coloring, sex, age or other distinguishing characteristics of livestock;

  (b) Examination of documents and other evidence of ownership or right to possession of livestock; and

  (c) Issuance or refusal to issue a brand inspection certificate. See Oregon Statutes 604.005

• Brand inspection certificate: means a document issued by the department that is valid for eight days, unless otherwise specified therein, and that includes:

  (a) The date and place of issuance;

  (b) The quantity of livestock inspected and a description of the distinguishing characteristics of hides or of livestock examined, including brands, tags, breed and sex;

  (c) The name and address of the person to whom issued and the name and address of the owner;

  (d) If the livestock are to be transported, the destination;

  (e) A statement of any limitation on the use of the certificate, or on its period of validity; and

  (f) A signed certification of the department's brand inspector that the brand inspector has examined the described hides or livestock and documents associated therewith and that to the best of the inspector's knowledge the hides or livestock are owned or in the lawful possession of the person presenting the hides or livestock for brand inspection. See Oregon Statutes 604.005

• City: includes any incorporated village or town. See Oregon Statutes 174.100
• Class of livestock: means a class, species, genus or sex of livestock, including a class, species or genus of neutered livestock. See Oregon Statutes 607.005
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the State Department of Agriculture. See Oregon Statutes 607.005
• Department: means the State Department of Agriculture. See Oregon Statutes 604.005
• Department: means the Department of State Lands. See Oregon Statutes 274.005
• Department: means the State Department of Agriculture of the State of Oregon. See Oregon Statutes 599.205
• Director: means the Director of the Department of State Lands. See Oregon Statutes 274.005
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Equidae: means a horse, mule or ass. See Oregon Statutes 604.005
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal land: means a tract of land containing 25,000 acres or more owned or administered by, or under the jurisdiction of, the United States and not subject to the laws of this state. See Oregon Statutes 607.005
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes water, water rights, easements of every nature and all appurtenances to land. See Oregon Statutes 274.005
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensee: means any person who operates a livestock auction market, either as owner or lessee, and who holds a license to conduct such market issued by the department pursuant to the provisions of this chapter. See Oregon Statutes 599.205
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: includes horses, mules, asses, cattle, sheep, swine, goats and poultry, including turkeys, of any age or sex. See Oregon Statutes 599.205
• Livestock: means cattle, Equidae, sheep and any other animals designated by the administrative rule of the department. See Oregon Statutes 604.005
• Livestock: means animals of the bovine species, horses, mules, asses, sheep, goats and swine. See Oregon Statutes 607.005
• Livestock carrier: means the person who transports livestock by rail, motor vehicle, boat, aircraft or on the hoof, either as a common carrier who is available to the public to perform this service for compensation, as a contract carrier who enters into agreements with specific individuals to perform this service for compensation, or as a private carrier who performs this service without compensation as an owner, lessee or bailee of livestock. See Oregon Statutes 604.005
• Livestock district: means an area wherein it is unlawful for livestock or a class of livestock to run at large. See Oregon Statutes 607.005
• Open range: means an area wherein livestock may lawfully be permitted to run at large. See Oregon Statutes 607.005
• Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probate: Proving a will
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• 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. See Oregon Statutes 174.100
• Taking up: means the intentional exertion of control over an estray animal, including but not limited to the restriction of movement, holding under herd, feeding, pasturing or sheltering of the animal. See Oregon Statutes 607.007
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• Violate: includes failure to comply. See Oregon Statutes 174.100