Kulp v. Luzerne County

Citations

• 20 Pa. Super. 7
• 1902 Pa. Super. LEXIS 173

Syllabus

<p>Legal advertisements — Rules of court — Rule No. 130 of Luzerne County.</p> <p>Rule No. 130 of the courts of common pleas and quarter sessions of Luzerne county is as follows : “In compliance with the provisions of the Act of February 12, A. D. 1863, entitled ‘ An act relating to the publication of legal notices in Luzerne county,’ the Luzerne Legal Register is designated as a weekly publication in which, in compliance with the said act, shall be published a concise and intelligible abstract of all legal notices required to be published in cases pending in or under process issued out of any of the courts of Luzerne county; provided that the price to be charged for advertising sheriff’s sales shall be $3.00 for one piece of land and $1.50 for each additional piece belonging to the same defendant; and it is further ordered that the trial, jury, argument and certiorari lists and lists of application for liquor licenses be published in the said Luzerne Legal Register.” Held, that the rule was valid.</p> <p>Statutes — Repeal—Legal advertisements — Luzerne county — Acts of February 12, 1863, P. L. 28, and July 30, 1897, P. L. 464.</p> <p>The Act of February 12, 1863, P. L. 28, providing “ that in addition to the publication required by the existing laws of this commonwealth in its several courts in the county of Luzerne, may by rule of court designate one legal jDublication,” etc., is not repealed by the Act of July 30, 1897, P. L. 464, relating to the publication of lists of applicants for liquor licenses. The provision in the former act is for notice of publication in addition to the publications then required by existing laws and can be construed to be in addition to the publications which might thereafter be required by legal enactment. The two acts can stand together without inconsistency or repugnance, and should be so construed.</p> <p>Where the clerk of courts refuses to designate the Luzerne Legal Register as a newspaper for publication for liquor license list