State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-597

§1‑597.  Regulations for newspaper publication of legal notices,advertisements, etc.

Whenever a notice or any otherpaper, document or legal advertisement of any kind or description shall beauthorized or required by any of the laws of the State of North Carolina,heretofore or hereafter enacted, or by any order or judgment of any court ofthis State to be published or advertised in a newspaper, such publication,advertisement or notice shall be of no force and effect unless it shall bepublished in a newspaper with a general circulation to actual paid subscriberswhich newspaper at the time of such publication, advertisement or notice, shallhave been admitted to the United States mails in the Periodicals class in thecounty or political subdivision where such publication, advertisement or noticeis required to be published, and which shall have been regularly andcontinuously issued in the county in which the publication, advertisement ornotice is authorized or required to be published, at least one day in eachcalendar week for at least 25 of the 26 consecutive weeks immediately precedingthe date of the first publication of such advertisement, publication or notice;provided that in the event that a newspaper otherwise meeting thequalifications and having the characteristics prescribed by G.S. 1‑597 to1‑599, should fail for a period not exceeding four weeks in any calendaryear to publish one or more of its issues such newspaper shall nevertheless bedeemed to have complied with the requirements of regularity and continuity ofpublication prescribed herein. Provided further, that where any city or town islocated in two or more adjoining counties, any newspaper published in such cityor town shall, for the purposes of G.S. 1‑597 to 1‑599, be deemedto be admitted to the mails, issued and published in all such counties in whichsuch town or city of publication is located, and every publication,advertisement or notice required to be published in any such city or town or inany of the counties where such city or town is located shall be valid ifpublished in a newspaper published, issued and admitted to the mails anywherewithin any such city or town, regardless of whether the newspaper's plant orthe post office where the newspaper is admitted to the mails is in such countyor not, if the newspaper otherwise meets the qualifications and requirements ofG.S. 1‑597 to 1‑599. This provision shall be retroactive to May 1,1940, and all publications, advertisements and notices published in accordancewith this provision since May 1, 1940, are hereby validated.

Notwithstanding the provisionsof G.S. 1‑599, whenever a notice or any other paper, document or legaladvertisement of any kind or description shall be authorized or required by anyof the laws of the State of North Carolina, heretofore or hereafter enacted, orby any order or judgment of any court of this State to be published oradvertised in a newspaper qualified for legal advertising in a county and thereis no newspaper qualified for legal advertising as defined in this section insuch county, then it shall be deemed sufficient compliance with such laws,order or judgment by publication of such notice or any other such paper,document or legal advertisement of any kind or description in a newspaper publishedin an adjoining county or in a county within the same district court districtas defined in G.S. 7A‑133 or superior court district or set of districtsas defined in G.S. 7A‑41.1, as the case may be; provided, if the clerk ofthe superior court finds as a fact that such newspaper otherwise meets therequirements of this section and has a general circulation in such county whereno 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.)