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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter : Chapter 493 Legal Publications, Notice and Advertisements
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When any notice or advertisement relating to any cause, matter
or thing in any court of record shall be required by law or the order of
any court to be published, the same, when duly published, shall be paid
for by the party at whose instance it was published, which payment, or so
much thereof as shall be deemed reasonable, may be taxed as other costs,
or otherwise allowed by the proper courts, in the course of the
proceedings to which such advertisement relates. (RSMo 1939 § 14964)
Prior revisions: 1929 § 13771; 1919 § 10399; 1909 § 585
When any such advertisement shall be made by a public officer,
thereunto authorized by law, the reasonable expense thereof shall be
allowed and paid out of the county treasury, as other demands and charges
of a like nature. (RSMo 1939 § 14965)
Prior revisions: 1929 § 13772; 1919 § 10400; 1909 § 586
Except where otherwise provided in this chapter, when the
publication of a law, proclamation, nominations to office, proposed
constitutional amendments or other questions to be submitted to the
people, order or notice shall be published in any newspaper for the
state, or for any public officer on account of, or in the name of the
state, or for any county, or for any public officer on account of, or in
the name of any county, or any legal advertisement, legal notice, order
of court or public notice of any kind is allowed or required by law, a
newspaper publishing such notice shall charge and receive not more than
its regular local classified advertising rate. The regular local
classified advertising rate is that rate shown by the newspaper's rate
schedule as offered to the public, and shall have been in effect for at
least thirty days preceding publication of the particular notice to which
it is applied. (L. 1981 S.B. 252, A.L. 1998 H.B. 1145)
In any first classification county, or in any city not within a
county, a board consisting of the judges of the circuit court of such
county, or a majority of them, if they deem it in the public interest,
may qualify any newspaper of general circulation, and as further
qualified in section 493.050, for the publication of public notices and
advertisements, and may review and approve rates which may be charged for
public notices and advertisements. (L. 1981 S.B. 252 §§ 493.027, 493.028,
A.L. 1998 H.B. 1145)
In procuring the publication of any law, proclamation,
advertisement, order or notice, as in section 493.030 mentioned, the
public officers shall accept of the most advantageous terms that can be
obtained, not exceeding the rates limited in said section. (RSMo 1939 §
14967)
Prior revisions: 1929 § 13774; 1919 § 10402; 1909 § 588
As used in this chapter the words "daily newspaper" shall mean a
newspaper which is published every day, or each day except Sundays and
legal holidays, or which shall be published on each of any five days in
every week excepting legal holidays and including or excluding Sundays;
except, that when a holiday intervenes in any given week the newspaper
may be published on each of any four days in said week. (L. 1951 p. 532 §
493.055)
1. All public advertisements and orders of publication required
by law to be made and all legal publications affecting the title to real
estate shall be published in some daily, triweekly, semiweekly or weekly
newspaper of general circulation in the county where located and which
shall have been admitted to the post office as periodicals class matter
in the city of publication; shall have been published regularly and
consecutively for a period of three years, except that a newspaper of
general circulation may be deemed to be the successor to a defunct
newspaper of general circulation, and subject to all of the rights and
privileges of said prior newspaper under this statute, if the successor
newspaper shall begin publication no later than thirty consecutive days
after the termination of publication of the prior newspaper; shall have a
list of bona fide subscribers voluntarily engaged as such, who have paid
or agreed to pay a stated price for a subscription for a definite period
of time; provided, that when a public notice, required by law to be
published once a week for a given number of weeks, shall be published in
a daily, triweekly, semiweekly or weekly newspaper, the notice shall
appear once a week, on the same day of each week, and further provided,
that every affidavit to proof of publication shall state that the
newspaper in which such notice was published has complied with the
provisions of this section; provided further, that the duration of
consecutive publication provided for in this section shall not affect
newspapers which have become legal publications prior to September 6,
1937; provided, however, that when any newspaper shall be forced to
suspend publication in any time of war, due to the owner or publisher
being inducted into the armed forces of the United States, the newspaper
may be reinstated within one year after actual hostilities have ceased,
with all the benefits provided pursuant to the provisions of this
section, upon the filing with the secretary of state of notice of
intention of such owner or publisher, the owner's surviving spouse or
legal heirs, to republish such newspaper, setting forth the name of the
publication, its volume and number, its frequency of publication, and its
readmission to the post office where it was previously entered as
periodicals class mail matter, and when it shall have a list of bona fide
subscribers voluntarily engaged as such who have paid or agreed to pay a
stated price for subscription for a definite period of time. All laws or
parts of laws in conflict with this section except sections 493.070 to
493.120, are hereby repealed.
*2. If a county is served by only one newspaper that has been published
regularly and consecutively for a period of two years and that meets all
other publication, postal, and subscription requirements pursuant to and
under subsection 1 of this section, such** newspaper shall be qualified
to publish all public advertisements and orders of publication required
by law, and all legal publications affecting the title to real estate.
The provisions of this subsection shall terminate and expire on June 30,
2006. (RSMo 1939 § 14968, A.L. 1943 p. 859, A.L. 1998 H.B. 1145, A.L.
2004 H.B. 795, et al. merged with S.B. 1020)
Prior revisions: 1929 § 13775; 1919 § 10403; 1909 § 589
Effective 6-07-04 (S.B. 1020) 7-02-04 (H.B. 795, et al.)
*Subsection 2 expires 6-30-06.
**"Word "that" appears in S.B. 1020, 2004.
(1962) Weekly newspaper did not forfeit right theretofore vested in it to
publish legal notices by suspending publication the last week in December
of one year for vacation purposes and where it resumed continuous weekly
publications after the procedure was questioned. State ex rel. Henderson
v. Proctor (Mo.), 361 S.W.2d 802.
(1980) Under statute providing that to be eligible to publish legal
notices, newspaper must be one of general circulation in the county where
located, newspaper must be generally circulated in the county but need
not be published in the county. Press-Journal Publishing Co. v. St.
Peters Courier-Post (A.), 607 S.W.2d 453.
When any notice or other advertisement shall be required, by law
or the order of any court, to be published in any newspaper or made in
conformity with any deed of trust or power of attorney, the affidavit of
the printer, editor, or publisher, with a copy of such advertisement
annexed, stating the number and date of the papers in which the same was
published, shall be sufficient evidence of the publication. (RSMo 1939 §
14969)
Prior revisions: 1929 § 13776; 1919 § 10404; 1909 § 590
In all cities of this state which now have, or shall hereafter
have, a population of one hundred thousand inhabitants or more, all
public notices and advertisements, directed by any court, or required by
law to be published in a newspaper, shall be published in some daily
newspaper of such city, of general circulation therein, which shall have
been established and continuously published as such for a period of at
least three consecutive years next prior to the publication of any such
notice. (RSMo 1939 § 14970, A.L. 1941 p. 519)
Prior revisions: 1929 § 13777; 1919 § 10405; 1909 § 591
When any law of this state provides that notices of any act or
thing be made by posting a notice, or by putting up advertisements in
public places, the notices or advertisements may, in lieu of posting, be
published for the period required by such law in a newspaper accredited
under the provisions of this chapter; and published in the locality where
such act or thing is required, but if no newspaper is published therein,
then in a newspaper published in the county in such locality; except that
nothing in this section shall be construed to limit in any way or
restrict the provisions of any law of this state which may require longer
or more frequent insertions of any notices in a newspaper, and except
that this section shall not apply to the notices required under sections
228.030 and 228.110, RSMo; provided, however, this section shall not
apply to counties of the first class having a charter form of government
nor to cities located in said counties. (L. 1959 H.B. 529 § 493.125)
In all such cities a board consisting of the judges of the
circuit court of such city or of the judicial circuit in which the city
is situated, or a majority of them shall on or before the first day of
January, 1942, and every two years thereafter, cause to be published in
some daily newspaper of said city a notice for at least twenty days
announcing and designating the time and place when and where said board
shall hold a hearing to determine what newspapers in such cities are
qualified to publish public notices and advertisements under the
provisions of section 493.070; and all newspapers in the cities desiring
to publish such public notices and advertisements shall, on or prior to
the date of each such hearing, file with the board a petition verified by
the affidavit of one of the publishers thereof, that such newspaper has
the qualifications set forth in said section and desires to be designated
as a qualified newspaper under the provisions of section 493.070, and a
majority of the board at such time and place shall determine what
newspapers so petitioning are qualified under the provisions of that
section and shall make a record thereof and shall file a copy thereof
with the clerk of all courts of record within such cities, and thereupon
such newspapers shall be deemed and considered by all courts and officers
of this state to be qualified under the provisions of that section;
provided, however, that there shall not be charged by or allowed to any
such newspaper for such publications a rate that exceeds the rate
provided in section 493.030; provided, however, that the petition shall
be accompanied by a good and sufficient bond, in a sum to be fixed by the
board, conditioned for the correct and faithful publication in the
newspaper of all public notices and advertisements, in manner and form as
required by law, and at rates not in excess of the rate fixed herein;
provided, further, that the board of judges of any such city, if the
board shall deem it in the public interest, shall, in the manner herein
prescribed, qualify any daily newspaper of general circulation for the
publication of public notices and advertisements at rates higher than the
maximum rates herein established, though such newspaper shall not file
bond hereunder. (RSMo 1939 § 14971, A.L. 1941 p. 519, A.L. 1945 p. 1317,
A.L. 1969 p. 569)
Prior revision: 1929 § 13778
No public notice or advertisement directed by any court or
required by law to be published in a newspaper, in cities of one hundred
thousand inhabitants or more, shall be valid unless it be published in a
daily newspaper qualified to publish such notices and advertisements
under the provisions of sections 493.070 to 493.090. (RSMo 1939 § 14972,
A.L. 1941 p. 519)
Prior revision: 1929 § 13779
In all cities having a population of more than six hundred
thousand inhabitants, as shown by the last United States census, no
notice or other advertisement permitted or required by law to be made in
conformity with the power of sale of real estate contained in any
mortgage or deed of trust shall be valid or sufficient unless such notice
or other advertisement shall be published in a daily newspaper, published
in such city, whose annual cash receipts from circulation shall exceed
six thousand dollars; and such receipts shall be paid by the bona fide
individual and separate subscribers of such newspapers in such city, and
in computing such receipts there shall not be counted or included cash
received from advertising or from any other source. (RSMo 1939 § 7771)
Prior revisions: 1929 § 7631; 1919 § 9030
In all such cities, a board, consisting of the judges of the
circuit court of such city, or of the judicial circuit in which such city
is situated, or a majority of the same, shall, on or before the first day
of January, 1912, and every two years thereafter, cause to be published
in some daily newspaper of said city a notice for at least ten days
announcing and designating the time and place when and where the said
board shall have a hearing to determine what newspapers in such cities
are eligible to publish such notices under the provisions of the
foregoing section. The publishers of newspapers desiring the right to
publish such notices shall, upon or prior to the date of such hearing,
file with said board a petition, verified by the affidavit of such
publishers, directed to said board petitioning for such right and setting
forth that such newspaper has the required circulation as set forth in
the foregoing section. At the time and place so designated the said board
shall determine, by such method as shall seem to it best, what newspapers
so making application are eligible under the provisions of the foregoing
section, and a record of the decisions of the board and a list of the
newspapers so declared eligible shall be made in such court and in such
manner as the board shall determine. (RSMo 1939 § 7772)
Prior revisions: 1929 § 7632; 1919 § 9031
No notice or other advertisement, as set forth in section
493.100, published in newspapers other than those so declared eligible by
such board shall be valid. (RSMo 1939 § 7773)
Prior revisions: 1929 § 7633; 1919 § 9032
It shall be unlawful for any officer of the law, attorney at
law, administrator, agent or person holding property in trust, to make a
profit, directly or indirectly, through or by virtue of any contract,
express or implied, made with any newspaper or publishing company for any
advertisements, official or otherwise, and any rebate contracted for,
allowed or given to such officer, attorney or person shall be accounted
for, and the benefit thereof given to the party entitled thereto. (RSMo
1939 § 14973)
Prior revisions: 1929 § 13780; 1919 § 10408; 1909 § 594
Any officer, attorney or person who shall collect, retain or
enjoy, and any person who shall give to any such officer, attorney or
person, any rebate or pecuniary benefit, as designated in section 493.130
herein, shall be guilty of a misdemeanor, and upon conviction shall be
punished by imprisonment in the county jail for a term not exceeding one
year, or by fine not exceeding one thousand dollars, or by both such fine
and imprisonment. (RSMo 1939 § 14974)
Prior revisions: 1929 § 13781; 1919 § 10409; 1909 § 595
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