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25-523. Legal newspaper, defined; prior publications legalized. No newspaper shall be considered a legal newspaper for the publication of legal and other official notices unless the same shall have a bona fide circulation of at least three hundred paid subscriptions weekly, and shall have been published within the county for fifty-two successive weeks prior to the publication of such notice, and be prin ted , either in whole or in part, in an office maintained at the place of publication; PROVIDED, that nothing in this section shall invalidate the publication in a newspaper which has suspended publication or been prin ted outside of the county, on account of fire, flood or other unavoidable accident, for not to exceed ten weeks, in the year last preceding the first publication of a legal notice, advertising or publication; PROVIDED FURTHER, that all publications made prior to May 22, 1941, in a newspaper which has, on account of flood, fire or other unavoidable accident, suspended publication or been prin ted in an office outside of the county, are hereby legalized; PROVIDED FURTHER, that all newspapers, otherwise complying herewith, which have, on account of flood, fire or other unavoidable accident, suspended publication or been prin ted in an office outside of the county, for not to exceed ten weeks in any year, are hereby legalized; AND PROVIDED FURTHER, that the publication of legal or other official notices in the English language in foreign language newspapers published within the county for fifty- two successive weeks prior to the publication of such a notice, and prin ted either in whole or in part in an office maintained at the place of publication, shall also be legal.
Nevada NRS 238.030 Publication of legal notice or advertisement only in qualified newspaper of general circulation; exceptions. 1. Any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly, a semimonthly, or a weekly newspaper of general circulation and prin ted in whole or in part in the county in which the notice or advertisement is required to be published, which newspaper if published: (a) Triweekly, semiweekly, semimonthly, or weekly, shall have been so published in the county, continuously and uninterrup ted ly, during the period of at least 104 consecutive weeks next prior to the first issue thereof containing any such notice or advertisement. (b) Daily, shall have been so published in the county, uninterrup ted ly and continuously, during the period of at least 1 year next prior to the first issue thereof containing any such notice or advertisement. 2. The mere change in the name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall no t b reak or affect the continuity in the publication of any such newspaper if the same is in fact continuously and uninterrup ted ly prin ted and published within the county as herein provided. 3. A newspaper shall not lose its rights as a legal publication if any of the following conditions maintain: (a) If by reason of a strike or other good cause it should suspend publication; but the period shall not exceed 30 days in any calendar year. (b) If by reason of generally recognized economic stress of a serious nature over which the publisher has no control it shall be necessary to suspend publication for a period not to exceed 2 years. The provisions of this paragraph shall apply only in the case of publications that have been operating continuously for a period of 5 years prior to such suspension. Any legal notice which fails of publication for the required number of insertions for such reason shall no t b e declared illegal if publication has been made in one issue of the publication and is resumed within a reasonable period. 4. If in any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and prin ted and published in whole or in part in the county. 5. The time limitations in subsection 1 do not apply to a newly established newspaper prin ted and published in: (a) An incorpora ted city if, at the time such newspaper is established, there is no other newspaper prin ted and published in such city. (b) A county if, at the time such newspaper is established, there is no other newspaper prin ted and published in such county. [3:60:1925; A 1931, 89; 1933, 192; 1941, 400; 1943, 56; 1943 NCL § 4702]—(NRS A 1960, 400)
NRS 238.040 Second-class mailing permit required for qualification. After December 31, 1954 , no newspaper is competent as the means for the publication of any legal notice or advertisement unless the newspaper possesses and maintains in force a valid second-class mailing permit issued by the Uni ted States Postal Service. [Part 4:60:1925; A 1953, 309]—(NRS A 1987, 706) NRS 238.050 Newspapers equally competent as means for publication. Except as otherwise provided by law in express terms or by necessary implication, daily newspapers, triweekly newspapers, semiweekly newspapers, semimonthly newspapers and weekly newspapers shall all be equally competent as the means for the publication of all legal notices and advertisements. [Part 4:60:1925; A 1953, 309] New Jersey 35: 1-2.1. State publications; qualifications of newspapers; unqualified newspaper acquiring a qualified newspaper
35:1-2.
Newspapers qualified as legal newspapers New Mexico 14-11-2. Requirement for publication of legal notice or advertisement Any and every legal notice or advertisement shall be published in a daily, tri-weekly, a semi-weekly or a weekly newspaper of general circulation that can be obtained by single copy and that is entered under the second class postage privilege in the county in which the notice or advertisement is required to be published; which newspaper, if published tri-weekly, semi-weekly or weekly, shall have been so published in the county continuously and uninterrup ted ly during the period of at least twenty-six consecutive weeks next prior to the first issue thereof containing any such notice or advertisement, and which newspaper, if published daily, shall have been so published in the county uninterrup ted ly and continuously during the period of at least six months next prior to the first issue thereof containing any such notice or advertisement; provided that the mere change in the name of any newspaper or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall no t b reak or affect the continuity in the publication of any such newspaper if the newspaper is in fact continuously and uninterrup ted ly prin ted and published within the county as provided in this section; provided further that a newspaper shall not lose its rights as a legal publication if it fails to publish one or more of its issues by reason of fire, flood, accident, transportation embargo or tie-up or other casualty beyond the control of the publisher; provided further that any legal notice which fails of publication for the required number of insertions by reasons beyond the control of the publisher shall no t b e declared illegal if the publication has been made in one issue of the publication; and provided further that if in any county in this state there has no t b een published any newspaper for the prescribed period at the time when any such notice or advertisement is required to be published, the notice or advertisement may be published in any newspaper having a general circulation or published and prin ted in whole or in part in that county and that can be obtained by single copy in that county.
New York S 60. Newspapers . a. In any case in which notice of any fact is required by law to be published or advertised in a newspaper, the term "newspaper" shall mean a paper of general circulation which is prin ted and distribu ted ordinarily not less frequently than once a week, and has been so for at least one year immediately preceding such publication or advertisement, and which contains news, articles of opinion (as editorials), features, advertising, or other matter regarded as of current interest, has a paid circulation and (except for such a paper which has been prin ted and distribu ted not less frequently than once a week for a period of ten years prior to January one, nineteen hundred seventy-five) has been entered at Uni ted States post-office as second-class matter. A publication which is distribu ted or made available primarily for advertising purposes to the public generally without consideration being paid therefor shall no t b e deemed to be a "newspaper" for the purpose of publication or advertisement of such notice required by law. Notwithstanding any provision of this subdivision to the contrary, a publication which was designa ted and publishing notice as an official newspaper prior to the year nineteen hundred forty and continued to be so designa ted and publishing for at least thirty years after such year shall be deemed to be a newspaper within the meaning of this subdivision. b. The terms "daily newspaper" and "newspaper published each business day" in a statute, contract, or any public or private instrument, mean, respectively, a newspaper customarily published on each business day of the year, whether or not such newspaper is published on any other day. The term "business day" when used herein does not include Saturdays, Sundays or legal holidays. North Carolina § 1-597. Regulations for newspaper publication of legal notices, advertisements, etc. Whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina , heretofore or hereafter enac ted , or by any order or judgment of any court of this State to be published or advertised in a newspaper, such publication, advertisement or notice shall be of no force and effect unless it shall be published in a newspaper with a general circulation to actual paid subscribers which newspaper at the time of such publication, advertisement or notice, shall have been admit ted to the Uni ted States mails in the Periodicals class in the county or political subdivision where such publication, advertisement or notice is required to be published, and which shall have been regularly and continuously issued in the county in which the publication, advertisement or notice is authorized or required to be published, at least one day in each calendar week for at least 25 of the 26 consecutive weeks immediately preceding the date of the first publication of such advertisement, publication or notice; provided that in the event that a newspaper otherwise meeting the qualifications and having the characteristics prescribed by G.S. 1-597 to 1-599, should fail for a period not exceeding four weeks in any calendar year to publish one or more of its issues such newspaper shall nevertheless be deemed to have complied with the requirements of regularity and continuity of publication prescribed herein. Provided further, that where any city or town is loca ted in two or more adjoining counties, any newspaper published in such city or town shall, for the purposes of G.S. 1-597 to 1-599, be deemed to be admit ted to the mails, issued and published in all such counties in which such town or city of publication is loca ted , and every publication, advertisement or notice required to be published in any such city or town or in any of the counties where such city or town is loca ted shall be valid if published in a newspaper published, issued and admit ted to the mails anywhere within any such city or town, regardless of whether the newspaper's plant or the post office where the newspaper is admit ted to the mails is in such county or not, if the newspaper otherwise meets the qualifications and requirements of G.S. 1-597 to 1-599. This provision shall be retroactive to May 1, 1940 , and all publications, advertisements and notices published in accordance with this provision since May 1, 1940 , are hereby valida ted . Notwithstanding the provisions of G.S. 1-599, whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enac ted , or by any order or judgment of any court of this State to be published or advertised in a newspaper qualified for legal advertising in a county and there is no newspaper qualified for legal advertising as defined in this section in such county, then it shall be deemed sufficient compliance with such laws, order or judgmen t b y publication of such notice or any other such paper, document or legal advertisement of any kind or description in a newspaper published in an adjoining county or in a county within the same district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be; provided, if the clerk of the superior court finds as a fact that such newspaper otherwise meets the requirements of this section and has a general circulation in such county where no newspaper is published meeting the requirements of this section. (1939, c. 170, s. 1; 1941, c. 96; 1959, c. 350; 1985, c. 689, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 41; 1997-9, s. 1.)
North Dakota
46-05-01. Newspapers qualified to do legal printing - File copies with state historical society - Publishing notices in adjoining county. Before any newspaper in this state is qualified to publish any legal notice or any matter required by law to be prin ted or published in some newspaper in the state, or any public notice for any political subdivision within this state, the newspaper must: 1. Have been established in a regular and continuous circulation of at least one year, with a bona fide subscription list of at least one hundred fifty regular subscribers; 2. Be nonsectarian and prin ted in English; and 3. Have been admit ted to the Uni ted States mails and have complied with the requirements of the federal laws governing periodicals mailing privileges for at least one year. The owner or publisher of each legal newspaper shall send to the state historical society, to the address designa ted by the director, one copy of each issue of the newspaper. In a county in which no newspaper is published, any notice required by law to be published may be published in a newspaper published in an adjoining county and having a general circulation in the county.
Ohio
§ 7.12 Newspapers qualified for publication of legal notices; office of publication; general circulation
In addition to all other requirements, a newspaper or newspaper of general circulation, except those publications performing the functions described in section 2701.09 of the Revised Code for a period of one year immediately preceding any such publication required to be made, shall be a publication bearing a title or name, regularly issued as frequently as once a week for a definite price or consideration paid for by not less than fifty per cent of those to whom distribution is made, having a second class mailing privilege, being not less than four pages, published continuously during the immediately preceding one-year period, and circula ted generally in the political subdivision in which it is published. Such publication mus t b e of a type to which the general public resorts for passing events of a political, religious, commercial, and social nature, current happenings, announcements, miscellaneous reading matter, advertisements, and other notices.
Oklahoma
§25-106. Newspapers for publication of legal notices . No legal notice, advertisement, or publication of any kind required or provided for by the laws of this state to be published in a newspaper shall have force or effect unless published in a legal newspaper of the county. A legal newspaper of the county is any newspaper which, during a period of one hundred four (104) consecutive weeks immediately prior to the first publication of such notice, advertisement, or publication: 1. has maintained a paid general subscription circulation in the county; and 2. has been admit ted to the Uni ted States mails as paid second-class mail matter; and 3. has been continuously and uninterrup ted ly published in the county. If there is no legal newspaper in a county, then all legal notices, advertisements, or publications of any kind required or provided for by the laws of this state shall be published in a legal newspaper in an adjoining county of this state, which newspaper has general circulation in the county or political subdivision in which such notice is required. Nothing in this section shall invalidate the publication of such legal notices, advertisements, or publications in a newspaper which has moved its place of publication from one location in the county to another location in the same county withou t b reaking the continuity of its regular issues for the requisite length of time, or the name of which may have been changed when said change of location was made as permit ted by Uni ted States postal laws and regulations. Failure to issue or publish said newspaper for a period of fourteen (14) days due to fire, accident, or other unforeseen cause, or by reason of the pendency of mortgage foreclosure, attachment, execution, or other legal proceedings against the type, presses, or other personal property used by the newspaper, shall no t b e deemed a failure to maintain continuous and consecutive publication as required by the provisions of this section, nor shall said failure invalidate the publication of a notice otherwise valid. Failure to issue or publish a newspaper qualified to publish legal notices, advertisements, or publications of any kind, for a period totaling not more than fourteen (14) consecutive days during a calendar year shall no t b e deemed a failure to maintain continuous and consecutive publication as required by the provisions of this section, nor shall said failure invalidate the publication of a notice otherwise valid. Amended by Laws 1983, c. 22, § 1, eff. Nov. 1, 1983 .
Oregon 193.010 Definitions for ORS 193.010 and 193.020. As used in this section and in ORS 193.020: (1) "Bona fide subscriber" means a person who has been a paid subscriber for an uninterrup ted period of 12 months, such subscription in no case to be over six months in arrears. (2) "Newspaper" means a newspaper of general circulation, published in the English language for the dissemination of local or transmit ted news or for the dissemination of legal news, made up of at least four pages of at least five columns each, with type matter of a depth of at least 14 inches, or, if smaller pages, then comprising an equivalent amount of type matter, which has bona fide subscribers representing more than half of the total distribution of copies circula ted , or distribution verified by an independent circulation auditing firm, and which has been established and regularly and uninterrup ted ly published at least once a week during a period of at least 12 consecutive months immediately preceding the first publication of the public notice. Interrup ted publication because of labor-management disputes, fire, flood or the elements for a period not to exceed 120 days, either before or after a newspaper is qualified for publication of public notices, shall not affect such qualification. [Amended by 1979 c.760 §1; subsection (1) renumbered 174.104 in 1999]
Pennsylvania 45-101 … "Newspaper."
"Newspaper of general circulation." A newspaper issued daily, or not less than once a week, intended for general distribution and circulation, and sold at fixed prices per copy per week, per month, or per annum, to subscribers and readers without regard to business, trade, profession or class.
South Dakota Legal Newspapers Requirements for legal newspaper -- Language -- Size -- Duration and frequency of publication. No publication is a legal newspaper for publishing legal and other official notices unless, for at least one year prior to publication of such notices, the publication is prin ted in the English language and contains at least four pages per issue, with at least one hundred twenty square inches of prin ted matter per page; and if the publication is a daily, is distribu ted at least five days each week, or if not a daily, is distribu ted at least once each week for at least fifty weeks each year. In any week in which there is a legal holiday, no more than four issues of a daily newspaper are necessary.
Price and circulation requirements. A legal newspaper shall, for at least one year prior to publication of legal and official notices, maintain a definite price of not less than fifty percent of its published price, and shall be paid for by no less than fifty percent of those to whom it is distribu ted . Such legal newspaper shall have a minimum paid circulation of at least two hundred and be intended for distribution and circulation to the general public, without regard to business, trade, or profession.
Content requirements. A legal newspaper shall contain reports of happenings of recent occurrences of a varied nature, such as political, social, moral, and religious subjects and miscellaneous reading matter, and for at least one year prior to publication of legal and official notices devote at least twenty-five percent of its total column space in at least one-half of its issues in any calendar year to such nonpaid news content. No more than eighty percent of the space devo ted to such news content may duplicate any other publication, unless the duplica ted material is from recognized general news services.
Content requirements. A legal newspaper shall contain reports of happenings of recent occurrences of a varied nature, such as political, social, moral, and religious subjects and miscellaneous reading matter, and for at least one year prior to publication of legal and official notices devote at least twenty-five percent of its total column space in at least one-half of its issues in any calendar year to such nonpaid news content. No more than eighty percent of the space devo ted to such news content may duplicate any other publication, unless the duplica ted material is from recognized general news services.
Ownership and circulation statements -- Involuntary suspension of publication -- Existing legal newspapers .
In order to maintain legal newspaper status, the newspaper shall publish and submit to the secretary of state before January first of each year a sworn statement of ownership and circulation on forms prescribed by the secretary of state. Continuous publication within the meaning of this section and § § 17-2-2.1 to 17-2-2.4, inclusive, is not deemed to be interrup ted by any involuntary suspension of publication resulting from loss, destruction, failure, or unavailability of operating facilities, equipment, or personnel from any cause, and any newspaper so affec ted is not disqualified as a legal newspaper if publication is resumed within one week after it again becomes possible. This section and § § 17-2-2.1 to 17-2-2.4, inclusive, do not disqualify as a legal newspaper any publication which, prior to January 1, 1985, was a legal newspaper, so long as it continues to meet the requirements under which it previously qualified.
Texas § 2051.044. Type of Newspaper Required (a) The newspaper in which a notice is published must: (1) devote not less than 25 percent of its total column lineage to general interest items; (2) be published at least once each week; (3) be entered as second-class postal matter in the county where published; and (4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. (b) A weekly newspaper has been published regularly and continuously under Subsection (a) if the newspaper omits not more than two issues in the 12-month period. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993 .
Utah
45-1-1
.
Newspapers "of general circulation" -- Requirements.
Vermont
When a notice is required to be given by publication in a newspaper, it shall mean a newspaper published in the county where the subject matter is situa ted , pending or to be heard, or a newspaper published within the state which has a general circulation. In any case, in its discretion, the court may cause such notice to be further published in a newspaper which circulates in the neighborhood of the persons interes ted . Whenever a notice of any kind is required to be given by publication in a newspaper prior to a certain date for a certain number of weeks successively, it may be given by an insertion prior to such date once a week, for the number of successive weeks required, either in a daily, semi-weekly or weekly newspaper. If such publication is in a daily or semi-weekly newspaper, such notice shall be inser ted on the same day of each successive week.
Virginia
8.01-324. Newspapers which may be used for legal notices and publications . A. Whenever any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such newspaper, in addition to any qualifications otherwise required by law, shall: 1. Have a bona fide list of paying subscribers; 2. Have been published and circula ted at least once a week for twenty-four consecutive weeks without interruption for the dissemination of news of a general or legal character; 3. Have a general circulation in the area in which the notice is required to be published; 4. Be prin ted in the English language; and 5. Have a second-class mailing permit issued by the Uni ted States Postal Service. B. However, a newspaper which does not have a second-class mailing permit may petition the circuit court for the jurisdiction in which the newspaper is loca ted for authority to publish ordinances, resolutions, notices or advertisements. Prior to filing the petition, the newspaper shall publish a notice of intention to file a petition pursuant to this section in a newspaper published or having general circulation in the jurisdiction in which the petition will be filed. The court shall grant the authority for a period of one year upon finding that the newspaper (i) meets the other requirements of this section; (ii) has been continually published for at least one year, employs a full-time news staff, reports local current events and governmental meetings, has an editorial page, accepts letters to the editor and is, in general, a news forum for the community in which it is circula ted ; (iii) has a circulation within the community to which the publication is direc ted and maintains permanent records of the fact and substance of the publication; and (iv) has an audit of circulation certified by an independent auditing firm or a business recognized in the newspaper industry as a circulation auditor. The authority shall be continued for successive one-year periods upon the filing of an affidavit certifying that the newspaper continues to meet the requirements of this subsection. C. If a county with a population of less than 15,000 had regularly advertised its ordinances, resolutions, notices in a newspaper published in the county which had a general circulation in the county, a bona fide list of paying subscribers, a second class mailing permit and the newspaper continued to be published in the county and continued to have a general circulation in the county but failed to maintain its bona fide list of paying subscribers and its second class mailing permit, any advertisement of ordinances, resolutions, notices in the newspaper by the county shall be deemed to have been in compliance with this section. (Code 1950, § 8-81; 1977, c. 617; 1983, c. 297; 1989, c. 611; 1992, cc. 392, 537, 719.)
Washington
RCW
65.16.020 [2001 c 283 § 1; 1961 c 279 § 1; 1941 c 213 § 3; 1921 c 99 § 1; Rem. Supp. 1941 § 253-1. Prior: 1917 c 61 § 1.]
West Virginia
ARTICLE
3. NEWSPAPERS AND LEGAL ADVERTISEMENTS.
Wisconsin
985.03
Qualifications of newspapers.
Wyoming
18-3-519. Requirements as to newspaper publishing legal notices.
(a) The publication of any legal notice, printing or advertising required by law is without force or effect unless published in a newspaper which has been regularly issued at least once each week for a period of fifty-two (52) consecutive weeks prior to the date of the first publication of such notice or advertisement, has a paid circulation of at least five hundred (500) and each page is not less than ten (10) inches by fourteen (14) inches in size.
(b) The provisions of this section shall not apply in counties where no newspaper has been regularly issued for fifty-two (52) consecutive weeks, where there is only one (1) newspaper in the county, or in any county where no newspaper meets the requirements of this section.
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