2021 Georgia Code
Title 9 - Civil Practice
Chapter 13 - Executions and Judicial Sales
Article 7 - Judicial Sales
Part 1 - Advertisement
§ 9-13-143. Rates for Legal Advertisements

1. The rates to be allowed to publishers for publishing legal advertisements shall be as follows:
   1. For each 100 words, not more than the sum of $10.00 for each insertion for the first four insertions; and
   2. For each subsequent insertion, not more than the sum of $9.00 per 100 words.

      In all cases fractional parts shall be charged for at the same rates.

2. For the purpose of the computation in subsection (a) of this Code section, a block of numbers or a block of letters and numbers shall be counted as one word. If the block of numbers or letters or any combination thereof contains a hyphen, a semicolon, a colon, or other similar character or punctuation mark, the block shall still be counted as one word, provided there are no intervening spaces. When an intervening space does occur, this space shall mark the start of a new word.
3. No judge of the probate court, sheriff, coroner, clerk, marshal, or other officer shall receive or collect from the parties, plaintiff or defendant, other or greater rates than set forth in this Code section.

(Ga. L. 1878-79, p. 81, § 1; Code 1882, § 3704a; Civil Code 1895, § 5461; Civil Code 1910, § 6066; Ga. L. 1920, p. 86, § 1; Code 1933, § 39-1105; Ga. L. 1949, p. 566, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 271, § 2; Ga. L. 1964, p. 77, § 1; Ga. L. 1965, p. 174, § 1; Ga. L. 1968, p. 126, § 1; Ga. L. 1975, p. 52, § 1; Ga. L. 1981, p. 1808, § 1; Ga. L. 1985, p. 1042, § 1; Ga. L. 1989, p. 325, § 1; Ga. L. 1993, p. 91, § 9; Ga. L. 1995, p. 992, § 1; Ga. L. 1996, p. 6, § 9.)

- Penalty for demand, etc., by judge of probate court, sheriff, etc., for advertising fees in excess of those provided by law, § 45-11-6.

JUDICIAL DECISIONS

Multiple tax advertisements published en bloc treated as separate paragraphs.

- When a sheriff has caused to be published a notice of a large number of tax advertisements, written en bloc, with one general heading and one general closing, with the sheriff's name at the end, but set forth in separate paragraphs therein a complete advertisement of property of each defendant in each tax execution, with all necessary jurisdictional facts, each of the paragraphs is a separate and distinct advertisement for the purpose of computing advertising rates so as to entitle the publisher to collect fees therefor on said paragraphs on the basis that each paragraph is a separate advertisement as per the rates prescribed by this section. Georgia Cracker v. Hesters, 193 Ga. 706, 20 S.E.2d 7, answer conformed to, 67 Ga. App. 327, 20 S.E.2d 197 (1942).

Cited in Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935); Zugar v. Scarbrough, 186 Ga. 310, 197 S.E. 854 (1938).

OPINIONS OF THE ATTORNEY GENERAL

Punctuation marks not considered words.

- This section fixes basis for legal rate on number of "words" and on words only, and in dealing with this section, "punctuation marks" cannot be in any sense construed as "words." 1948-49 Op. Att'y Gen. p. 32.

In legal advertisements, figures may be charged for but punctuation marks may not. 1948-49 Op. Att'y Gen. p. 33.

- There is no law prohibiting the sale of legal advertising at less than the legal rate; however, any agreement to charge less than the rate prescribed by law would be in violation of this section. 1948-49 Op. Att'y Gen. p. 469.

- This section must be construed in connection with its companion sections in this part relating to "Judicial Sales." 1958-59 Op. Att'y Gen. p. 181.

- Rate to be paid publishers for publishing proposed constitutional amendments is the rate for publishing legal advertisements specified in this section. 1968 Op. Att'y Gen. No. 68-478.

Constitutional Amendments Publication Board may contract to pay rates in excess of rate authorized by this section when reasonably necessary to provide notice to the people of the proposed amendments. 1974 Op. Att'y Gen. No. 74-127.

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Newspapers, Periodicals, and Press Associations, § 66 et seq.

18B Am. Jur. Pleading and Practice Forms, Newspapers, Periodicals, and Press Associations, § 1.

- 66 C.J.S., Newspapers, § 27.

- Steps to be taken by officer before resale upon default of purchaser at judicial or execution sale, 24 A.L.R. 1330.