§ 16-3-104 - Proof of publication.

16-3-104. Proof of publication.

(a) When any notice or advertisement shall be required by law or the order of any court to be published in any newspaper or made in conformity with any mortgage, deed of trust, power of attorney, or administrator's notice, the affidavit of the editor, proprietor, manager, or chief accountant, with a copy of the advertisement annexed, stating the number of times and the date of the papers in which the advertisement was published, shall be sufficient evidence of publication.

(b) If the notice is given by five (5) written or printed notices, according to the provisions of 16-3-101, then the affidavit of the party giving the notice, properly verified before some officer authorized to administer oaths and showing the time and manner of giving the notice, shall be sufficient evidence of publication.

(c) No editor, proprietor, manager, or chief accountant shall be required to make the affidavit until his or her legal fee is paid.