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Provided further that in judicial review of orders or denials of orders under this paragraph, the court shall have the same powers as the department under paragraph (b) of subsection (1). Each provision of this paragraph is expressly declared to be severable.

(b) Every person having its principal Wisconsin place of business in a code area shall maintain code prices on all business solicited or done in the state, and every person having his principal Wisconsin place of business in a noncode area shall maintain code prices on all business solicited directly or indirectly or done in a code area. Provided that if any provision of this paragraph shall be invalid, this section shall be in force without such provision.

(7) Provisions and limitations of this section, whether or not in the same subsection or sentence, or express or implied, all are severable from each other and as to different persons, things and circumstances.

Section 100.21 provides that any person who shall suffer pecuniary loss because of a violation by any other person of any order issued under above section may sue such person for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney's fee.

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Section 7 provides that for the publication of all legal notices or advertisements required by law or the order of any court of record in this State to be published in newspapers, the publishers thereof shall be entitled to receive seven cents for each column line of nonpareil, or smaller type, measure not less than twelve ems (pica) wide, for the first insertion, and four cents per line for each subsequent insertion. All emblems, display headings, rule work, and necessary blank space shall be calculated as solid type, and twelve lines shall be counted to the inch.

The clerk of any court in the State or any public trustee, county treasurer, or other public officer required by law to publish legal notices or advertisements shall tax the cost of publishing such notices or advertisements, as prescribed in this section, as part of the costs of such cause or proceeding and shall collect for such publication before such cause or proceeding is closed and shall remit to the publisher the proper cost of such legal notices or advertisements.

Section 8 provides that publishers of newspapers in this State shall be entitled to receive the following fees: For the publication of all legal advertising in newspapers required to be done by law in this State, publishers shall be paid at the rate of seven cents for each line of nonpareil, measure thirteen ems (pica) wide, for the first insertion, and four cents for each subsequent insertion. In ascertaining charges under the provisions of this law, twelve lines shall be counted to the inch, and all emblems, display headings, rule work, and necessary blank space shall be paid for as if solid type.

And any public or municipal officer or board created by or existing under the laws of this State that has now or may hereafter be authorized by law to enter into contracts for the publication of legal advertisements, is hereby authorized, subject to other limitations on said authority, now imposed by law, to agree to pay therefor prices not exceeding said rates.

IDAHO

Code Ann. (1932)

Section 58-105 provides that the rate to be charged for all official notices published in any newspaper is to be one dollar per vertical inch, single column measure, consisting of not less than ten lines in nonpareil type or its equivalent, or sixty words to the inch, for the first insertion; and fifty cents per inch for each subsequent insertion. For table or figure matter, one dollar and fifty cents per vertical inch, consisting of not less than ten lines in nonpareil type or its equivalent, and seventy-five cents for each subsequent insertion; fractional inches to be charged for pro rata: Provided, That no charge is to be made for less than an inch in any case.

IOWA
Code (1939)

Section 11106 provides that the compensation, when not otherwise fixed, for the publication in a newspaper of any notice, order, citation, or other publication required or allowed by law, shall not exceed one dollar for one insertion and fifty cents for each subsequent insertion, for each ten lines of brevier type. In case of controversy regarding measurements the question is to be referred to the State printing board for final decision.

MICHIGAN

Stat. Ann. (Henderson, 1936)

Section 27.2562 provides that for publishing any legal notice or any order, citation, summons, or any other proceedings or advertisement

required by law to be published in any newspaper, the cost of publishing such advertisement shall not exceed the rate of one (1) dollar and twenty (20) cents per folio for the first insertion and sixty (60) cents per folio for each subsequent insertion: Provided, That any newspaper publishing for the State of Michigan any such advertisement other than tax lists and those arising in the course of judicial proceedings shall be permitted to charge therefor its regular established commercial rate in effect at the time such notice or advertisement is published.

NEW JERSEY

Rev. Stat. (1937)

Sections 35:2-1 to 35:2-3 provide that the price to be paid for publishing all official advertising in newspapers be as follows:

(a) In newspapers published in cities of the first and second classes, or counties of the first, second, third, and fifth classes, twelve cents per agate (or 52 point) line for the first insertion and ten cents per agate line for each subsequent insertion;

(b) In all other newspapers, ten cents per agate or nonpareil (or 6 point) line for the first insertion and eight cents for each subsequent insertion.

In computing the charge per line the lines are to average at least six words, but date lines, paragraph endings, titles, signatures, and similar short lines are to be computed as full lines where set to conform to the usual rules of composition. The price fixed for "subsequent insertions" apply only to subsequent consecutive insertions.

NEW MEXICO

Stat. Ann. (Courtright, 1929)

Sections 113-101 and 113-102 provide that the legal rate for the publication of all notices and other matters required by law to be made shall be thirty (30) cents per hundred ems of the type in which the notice of publication is set, for the first insertion thereof, and twenty (20) cents per hundred ems of the type in which the notice or publication is set for each subsequent insertion. Any publisher of any newspaper who charges or exacts rates higher than those specified in this chapter, shall be guilty of a misdemeanor and

upon conviction thereof shall be punished by fine of not less than one hundred dollars, nor exceeding five hundred dollars.

Section 113-104 provides that the legal rate for the publication of delinquent tax lists shall be not to exceed seven cents per line of eight-point type, 13 pica ems wide, for the first insertion and four cents for each subsequent insertion; and that the legal rate for all other legal publications, required by law to be published, or ordered published by any State, county, municipal, district, educational, or other public official, or by any commission, board, or other public body, at public expense; and all other notices required by law to be published at either public or private expense shall be not to exceed eight cents per line of eight-point type, 13 ems pica wide, for the first insertion and five cents per line for each subsequent insertion.

PENNSYLVANIA

Stat. Ann. (Purdon, 1931), tit. 45

Section 5 provides that all official and legal advertising shall be charged for at an established or declared rate or price per single column, line of reading matter measured in depth by the point system, or at a rate or price per inch single column. When such official and legal advertising is not classified, and is not published according to prescribed or recognized forms, and no rate has been established or declared, such rate for official and legal advertising shall not be in excess of the rates usually charged or received by the newspaper publishing such official and legal advertising for commercial, general, or other advertising: Provided, Where official and legal advertising is usually and ordinarily published according to recognized or prescribed forms, or particular matters are itemized and classified under general headings, this act should not be construed to prohibit the fixing of definite prices or sums for publishing official and legal advertising, regardless of the number of single column lines or space required for each item, notice, or advertisement published in any separate matter or proceeding, and regardless of rates established, fixed, charged or received for commercial, general or other advertising. The purpose of this provision is to enable newspapers to take into consideration, as elements, when fixing advertising rates or charges, location of the advertisement in the newspaper, the purpose to be served, the character of the advertising, and that a newspaper is entitled to compensation for its readiness at all times to render an advertising service.

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