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Definitions - 45 Pa. Cons. Stat. § 101Legal Research Home > Pennsylvania Statutes Sponsored Links
TITLE 45
LEGAL NOTICES
Part
I. Preliminary Provisions
II. Publication and Effectiveness of Commonwealth Documents
Enactment. Unless otherwise noted, the provisions of Title
45 were added July 9, 1976, P.L.877, No.160, effective in 60
days.
PART I
PRELIMINARY PROVISIONS
Chapter
1. General Provisions
3. Legal Advertising
Enactment. Part I was added July 9, 1976, P.L.877, No.160,
effective in 60 days.
CHAPTER 1
GENERAL PROVISIONS
Sec.
101. Definitions.
Enactment. Chapter 1 was added July 9, 1976, P.L.877,
No.160, effective in 60 days.
§ 101. Definitions.
(a) Definitions applicable to printing or newspaper
advertising laws.--Subject to additional definitions contained
in subsequent provisions of this title which are applicable to
specific provisions of this title, the following words and
phrases when used in:
(1) this title; or
(2) any other law relating to printing or newspaper
advertising;
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this subsection:
"Advertisement." A printed public notice, relating to any
matter, authorized by any person, which is published for a
valuable consideration in a publication, and which may be
required by law, rule, order, or decree of court, or resolution
of any corporation, or unincorporated association, or by action
of any government unit.
"Advertiser." Any person who orders and directs a notice or
advertisement to be printed or published in a publication.
"Advertising rule." The line between, or which separates,
any two advertisements or notices.
"Agate." A type 5 1/2 type points in depth or height.
"Bourgeois." A type 9 type points in depth or height.
"Brevier." A type 8 type points in depth or height.
"Carrier." A person engaged for hire in the delivery of
publications.
"Circulation." The number of copies printed, issued, sold,
or subscribed for, by the day, week, month, or year, at a
particular price for each copy, or for a series of issues over a
definite period by any publication, but the term does not
include copies exchanged for other publications or copies or
issues circulated gratuitously.
"Classified advertising." Intelligence or notices, published
and printed in small or inconspicuous type, as advertising,
classed with similar notices of advertising, and for which
compensation is intended to be charged.
"Class magazine" or "class newspaper." A printed paper or
publication containing class, professional, trade, commercial,
technical, scientific, educational, religious, financial, legal
or other matter and intelligence, intended to be disseminated
exclusively among subscribers or readers concerned or interested
in the subject matters published.
"Column." A single unit or upright section, of the total
height of the type printed page, as separated from the remainder
of the page by a line, rule, or space, and not less than ten ems
pica in width.
"Column rule." The printed line between, or which separates,
the printed columns of any type page.
"Court." A court or tribunal of record, established for the
public administration of justice under the provisions of the
Constitution of Pennsylvania or any statute.
"Daily newspaper." A newspaper regularly published at least
five days in the week, either including or excluding Sundays and
legal holidays.
"Decree." A decision, judgment, order or sentence of any
court.
"Display advertising." Intelligence made conspicuous, and
designated by either reading matter, printed from various sizes,
kinds and styles of types or illustrations, and printed or
published for a compensation, demanded or intended to be
received from those interested in, affected or served by, the
subject matter published.
"Em." A square of a type, or a space equal to the square of
the depth or height of a particular type, as measured by the
number of points in height of the type.
"Journal." A newspaper, class newspaper, periodical, or
magazine.
"Law." A statute, a home rule charter, or an enactment
entitled an ordinance, resolution, rule or regulation of any
government unit.
"Legal advertisement." A notice, advertisement, publication,
statement, or abstract of a notice, advertisement, publication,
or statement, required by resolution of a corporation,
unincorporated association, or government unit, or ordinance of
a political subdivision, or by law, or by rule, order, or decree
of court, to be published, for a valuable consideration, in
either a newspaper of general circulation, a legal newspaper or
an official newspaper.
"Legal newspaper." A newspaper which is a "legal
periodical," "official legal newspaper," or "official legal
periodical," publishing legal intelligence, as designated by
general rule or rule of court for the publication of legal
advertisements and notices required by law, rule, order, or
decree of court, to be published in a legal newspaper, legal
periodical, official legal newspaper, or official legal
periodical, so designated by general rule or rule of court.
"Legal notice." When required to be printed or published,
either a legal advertisement, a legal notice, an official
advertisement, or an official legal notice.
"Liners." Advertisements, published as reading notices,
intelligence, or announcements for which compensation is
intended to be charged to those interested in the publication
thereof.
"Long primer." A type 10 type points in depth or height.
"Magazine." Partakes of the nature of a periodical.
"Minion." A type 7 type points in depth or height.
"News." Narrative, or recent intelligence, disseminating
current information as to local, general, or world-wide
happenings, concerning any person or persons, matters of private
or public interest, or concerning any matters affecting the
public welfare.
"Newspaper."
(1) A printed paper or publication, bearing a title or
name, and conveying reading or pictorial intelligence of
passing events, local or general happenings, printing
regularly or irregularly editorial comment, announcements,
miscellaneous reading matter, commercial advertising,
classified advertising, legal advertising, and other notices,
and which has been issued in numbers of four or more pages at
short intervals, either daily, twice or oftener each week, or
weekly, continuously during a period of at least six months,
or as the successor of such a printed paper or publication
issued during an immediate prior period of at least six
months, and which has been circulated and distributed from an
established place of business to subscribers or readers
without regard to number, for a definite price or
consideration, either entered or entitled to be entered under
the Postal Rules and Regulations as second class matter in
the United States mails, and subscribed for by readers at a
fixed price for each copy, or at a price fixed per annum. A
newspaper may be either a daily newspaper, weekly newspaper,
newspaper of general circulation, official newspaper, or a
legal newspaper, as defined in this section. Continuous
publication within the meaning of this section shall not be
deemed interrupted by any involuntary suspension of
publication resulting from loss, destruction, failure or
unavailability of operating facilities, equipment or
personnel from whatever cause, and any newspaper so affected
shall not be disqualified to publish official and legal
advertising in the event that publication is resumed within
one week after it again becomes possible.
(2) A printed paper or publication, regardless of size,
contents, or time of issue, or number of copies issued,
distributed and circulated gratuitously, is not a newspaper.
(3) A printed paper or publication, not entitled to be
entered, or which has been denied entry, as second class
matter in the United States mails under the Postal Rules and
Regulations of the United States is not a 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.
"Nonpareil." A type 6 type points in depth or height.
"Notice." A formal printed announcement, transmitting
intelligence, information, or warning, to a particular person,
or generally to all persons who may read such notice.
"Official advertisement." A notice, advertisement,
publication, or statement, or an abstract of a notice,
advertisement, publication, or statement, required to be made by
law, rule, order, or decree of court, by any person, or in the
conduct of the business of a private or public corporation, or
on the order of any government unit, or in the performance of
any official duty imposed by law, rule, order, or decree of
court, resolution or ordinance.
"Official advertising and legal advertising." Any
advertisement, notice, statement, report, resolution, ordinance,
or abstract of the same, required by law, rule, order or decree
of court, by resolution of any board of directors, shareholders
or officers of any corporation or unincorporated association, or
any government unit to be printed and published for a valuable
consideration in a newspaper.
"Official newspaper." A newspaper designated by a government
unit for the publication of notices and statements required by
rule, order, resolution, or ordinance of such unit.
"Ordinance." A municipal rule or regulation, adopted in the
manner required by statute or home rule charter, by the lawfully
constituted officers of any political subdivision or municipal
or other local authority.
"Periodical." A printed paper or publication, issued in
pamphlet or book form, regardless of page size or number of
pages, at stated or regular intervals of more than one day
between each issue, containing either general, class, trade,
technical, scientific, serial articles, or other reading matter,
advertising, et cetera, and entitled to be entered as second
class matter in the United States mails under the Postal Rules
and Regulations of the United States.
"Pica." A type 12 type points in depth or height.
"Point." A unit of measurement for determining the height of
a type, letter, figure, or other character, or the width of a
rule, as heretofore generally known and fixed by general
agreement of certain type founders and manufacturers, at 0.0138
inch in length.
"Proof of publication." A printed or written statement,
declaring the name of a newspaper of general circulation, a
legal newspaper or an official newspaper, as defined in this
section, its place of business, when the same was established,
the date or dates, and issue or issues, in which a printed
notice or publication appeared, and to which is securely
attached, exactly as printed or published, a copy of the
official advertisement, official notice, legal notice, or legal
advertisement, verified with a statement of the owner,
publisher, or the designated agent of the owner or publisher, of
such publication in which the official or legal advertisement or
notice was published, duly sworn to before a person authorized
to administer oaths, and also declaring that the affiant is not
interested in the subject matter of the notice or advertising,
and that all of the allegations of the statement as to the time,
place, and character of publication are true.
"Publication."
(1) The act of printing a notice, advertisement, or
proclamation, for the purpose of disseminating information to
the people at large.
(2) A journal, magazine, newspaper, class newspaper or
periodical.
"Rate." The price or sum fixed for printing and publishing
either official, legal, or commercial advertising, and may be
either a price or sum fixed for a single reading line in a
single column, or for a space of the depth of one inch in a
single column, or it may mean the particular stated sums or
prices fixed for printing and publishing official or legal
advertising, where the style and form does not vary except for
the names and addresses of the interested parties, such as
notices of applications for charters of incorporation,
shareholders' meetings, executors', administrators' or auditors'
notices, register of wills' audit notices, obituary or death
notices, et cetera.
"Reading matter." News or other printed matter, intended to
be read, as distinguished from intelligence notices,
announcements, display advertising, or advertising published for
a compensation.
"Resolution." A formal agreement or consent to do or not to
do a certain thing, which has been recorded upon the minutes or
records of a government unit, or by either the shareholders,
board of directors or other body of a corporation, or by the
members, directors, managers, or trustees of an unincorporated
association or society of individuals.
"Rule." Any formal order or direction made by a tribunal or
other government unit.
"Sample copy." A copy of a publication distributed without
charge or expense to prospective subscribers or advertisers, in
numbers limited by the United States Postal Rules and
Regulations governing second class mail matter.
"Small pica." A type 11 type points in depth or height.
"Space." The length and breadth of a printed type page, or
any subdivision thereof, intended to be used for either news or
advertising matter of any kind.
"Subscriber." A person who buys or orders verbally or by
written subscription, or accepts upon delivery from the United
States mails or a carrier, issues or copies of any publication.
"Type." A piece of metal or wood from which either a letter,
figure, or other character is impressed with ink upon paper, or
an image of such a character.
"Weekly newspaper." A newspaper issued at least once a week.
(b) Other definitions.--Subject to additional definitions
contained in subsequent provisions of this title which are
applicable to specific provisions of this title, the following
words and phrases when used in this title shall have, unless the
context clearly indicates otherwise, the meanings given to them
in this subsection:
"Commonwealth agency." The Governor and the departments,
boards, commissions, authorities and other officers and agencies
of the Commonwealth government, but the term does not include
any court or other officer or agency of the unified judicial
system, or the General Assembly and its officers and agencies.
"Commonwealth government." The government of the
Commonwealth, including the courts and other officers or
agencies of the unified judicial system, the General Assembly
and its officers and agencies, the Governor, and the
departments, boards, commissions, authorities and officers and
agencies of the Commonwealth, but the term does not include any
political subdivision, municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"General rule." A rule or order promulgated by or pursuant
to the authority of the Supreme Court.
"Government unit." The Commonwealth government, and any
political subdivision or municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"Rule of court." A rule promulgated by a court regulating
the practice or procedure before the promulgating court.
Cross References. Section 101 is referred to in section 703
of Title 65 (Public Officers).
Section: 101 301 302 303 304 305 306 307 308 309 310 501 502 503 504 Next
Last modified: November 27, 2007 |