State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-598

§1‑598.  Sworn statement prima facie evidence of qualifications; affidavitof publication.

Whenever any owner, partner,publisher, or other authorized officer or employee of any newspaper which haspublished a notice or any other paper, document or legal advertisement withinthe meaning of G.S. 1‑597 has made a written statement under oath takenbefore any notary public or other officer or person authorized by law toadminister oaths, stating that the newspaper in which such notice, paper,document, or legal advertisement was published, was, at the time of suchpublication, a newspaper meeting all of the requirements and qualificationsprescribed by G.S. 1‑597, such sworn written statement shall be receivedin all courts in this State as prima facie evidence that such newspaper was atthe time stated therein a newspaper meeting the requirements and qualificationsof G.S. 1‑597. When filed in the office of the clerk of the superiorcourt of any county in which the publication of such notice, paper, document orlegal advertisement was required or authorized, any such sworn statement shallbe deemed to be a record of the court, and such record or a copy thereof dulycertified by the clerk shall be prima facie evidence that the newspaper namedwas at the time stated therein a qualified newspaper within the meaning of G.S.1‑597. Nothing in this section shall preclude proof that a newspaper wasor is a qualified newspaper within the meaning of G.S. 1‑597 by any othercompetent evidence. Any such sworn written statement shall be prima facieevidence of the qualifications on any newspaper at the time of any publicationof any notice, paper, document, or legal advertisement published in suchnewspaper at any time from and after the first day of May, 1940.

The owner, a partner,publisher or other authorized officer or employee of any newspaper in whichsuch notice, paper, document or legal advertisement is published, when suchnewspaper is a qualified newspaper within the meaning of G.S. 1‑597,shall include in the affidavit of publication of such notice, paper, documentor legal advertisement a statement that at the time of such publication suchnewspaper was a qualified newspaper within the meaning of G.S. 1‑597. (1939,c. 170, s. 1 1/2; 1947, c. 213, ss. 1, 2.)