Ark. Code Ann. § 16-3-104 (2026)
Proof of publication
- 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.
- 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.
- No editor, proprietor, manager, or chief accountant shall be required to make the affidavit until his or her legal fee is paid.
History. Acts 1891, No. 157, § 5, p. 269; 1899, No. 189, § 2, p. 333; C. & M. Dig., § 6808; Pope's Dig., § 8784; A.S.A. 1947, § 15-105.
Case Notes
Affidavits.
An affidavit so worded that the affiant swore only to the date and insertion of the publication, and merely stated his connection with the newspaper and its circulation, was defective. Baker v. York, 65 Ark. 142, 45 S.W. 57 (1898).
Affidavit made by an accountant, but not by the chief accountant, was defective in that it did not comply with this section. Miller County v. Gazola, 65 Ark. 353, 46 S.W. 423 (1898).
Although an affidavit is sufficient evidence under this section, an affidavit is not the exclusive evidence. Whitford v. Whitford, 100 Ark. 63, 139 S.W. 653 (1911); Allen v. Allen, 126 Ark. 164, 189 S.W. 841 (1916); Straughan v. Bennett, 153 Ark. 254, 240 S.W. 30 (1922); Mahan v. Wilson, 169 Ark. 117, 273 S.W. 383 (1925).
Amendment of Proof.
An amendment correcting proof of publication of a warning order to obtain constructive service on nonresident defendants can be filed after judgment. Blackwell Oil & Gas Co. v. Maddux, 181 Ark. 726, 27 S.W.2d 514 (1930).
Certified Copies.
In suit to confirm tax title, it was proper for court to admit in evidence a certified copy of the publication of the delinquent lands. Stout v. Healey, 216 Ark. 821, 228 S.W.2d 45 (1950).
Compliance.
Proof of publication of notice of sale held to be in substantial compliance with this section, and, if not, would be cured by confirmation. Christopher v. Wasson, 198 Ark. 297, 128 S.W.2d 1012 (1939).
Cited: Covington v. Berry, 76 Ark. 460, 88 S.W. 1005 (1905); Hildreth v. Taylor, 117 Ark. 465, 175 S.W. 40 (1915); Clarke v. Federal Land Bank, 197 Ark. 1094, 126 S.W.2d 601 (1939).