State Codes and Statutes

Statutes > New-jersey > Title-35 > Section-35-1 > 35-1-2-2

35:1-2.2.  Publication by counties, municipalities, individuals or corporations;  additional qualifications of newspaper
    Whenever, by law, it is required that there be published by printing and publishing in a newspaper or newspapers, ordinances, resolutions or notices or advertisements of any sort, kind or character by any county, city or other municipality or municipal corporation, or by any municipal board or official board, or body, or office, or officials, or by any person or corporation, such newspaper or newspapers must, in addition to any other qualification now required by law, meet the following qualifications, namely:  said newspaper or newspapers shall be entirely printed in the English language, shall be printed and published within the State of New Jersey, shall be a newspaper of general paid circulation possessing an average news content of not less than 35%, shall  have been published continuously in the municipality where its publication  office is situate for not less than 2 years and shall have been entered for 2  years as second-class mail matter under the postal laws and regulations of the United States.  In case a newspaper cannot meet these qualifications itself but  has acquired another newspaper which meets these qualifications, the acquiring  newspaper shall be deemed to meet these qualifications if it is published in  the same municipality and entered in the same post office as was the acquired  newspaper.  Continuous publication within the meaning of this section shall not  be deemed interrupted by any involuntary suspension of publication for a period  not exceeding 6 months resulting from loss, destruction, mechanical or  electrical failure of typesetting equipment or printing presses or the  unavailability, due to conditions beyond the control or the publisher, of paper  or other materials and supplies necessary for operation, or resulting from a  labor dispute with a recognized labor union, and any newspaper so affected  shall not be disqualified hereunder in the event that publication is resumed  within said period of 6 months.

    For the purposes of this section and for the purpose of qualifying for legal  advertisements generally, any newspaper which for not less than 2 years shall  have been continuously printed in a building located within two municipalities  and which for not less than 2 years shall have continuously maintained its  editorial and business offices in said building shall be deemed to have been  published continuously in each of said municipalities during that period and  its publication office shall be deemed to have been situate in each  municipality during that period.

    In the event any newspaper which shall have been qualified to publish legal  advertisements shall move its publication office to any municipality in the  same county or in an adjacent county in this State and which shall otherwise  continue to meet the qualifications of this section, it shall be qualified to  publish legal advertisements which it was qualified to publish prior to moving  said publication office for a period of 2 years after the date of the moving of  its publication office or such period as said newspaper shall have the highest  paid circulation of any newspaper within the county or municipality which shall  use said newspaper for legal advertisements.

     Amended by L.1938, c. 328, p. 838, s. 1;  L.1941, c. 147, p. 490, s. 2; L.1941, c. 409, p. 1053, s. 2;  L.1953, c. 342, p. 1903, s. 1;  L.1953, c. 411, p. 2068, s. 2;  L.1962, c. 186, s. 1, eff. Dec. 7, 1962;  L.1973, c. 332, s. 1, eff. Dec. 27, 1973;  L.1979, c. 84, s. 1, eff. May 7, 1979.