§ 101 — Definitions

Pennsylvania § 101

• Jurisdiction: Pennsylvania
• Title 45: LEGAL NOTICES
• Part: PART I
• Ch. 1: GENERAL PROVISIONS

Text

(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.

Legislative History

Cross References.Section 101 is referred to in section 109 of Title 8 (Boroughsand Incorporated Towns); section 10102 of Title 11 (Cities); section 12105 of Title 16 (Counties); section 703 of Title 65 (Public Officers).