Chapter 493 Legal Publications, Notice and Advertisements

493.027 - Qualification of newspapers for public notices — rates, review and approval (counties of first classification and City of St. Louis).

Steven Groce, Attorney Advertisement

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)

493.090 - Public notice or advertisement valid, when.

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

493.080 - Notice of meeting to select official publication — petitions of newspapers.

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

493.010 - Cost of advertisements in judicial proceedings, payment by whom.

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

493.110 - Board to meet and select newspapers, when, how.

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

493.045 - Daily newspaper defined.

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)

493.055 - Publication of certain real estate transactions.

All public advertisements and orders of publication required by law to be made, including but not limited to amendments to the Missouri Constitution, legal publications affecting all sales of real estate under a power of sale contained in any mortgage or deed of trust, and other legal publications affecting the title to real estate, shall be published in a newspaper of general circulation, qualified under the provisions of section 493.050, and persons responsible for orders of publication described in sections 443.310 and 443.320 shall be subject to the prohibitions in sections 493.130 and 493.140.

(L. 2010 H.B. 1692, et al.)

493.100 - Notice of sale of certain real estate published in certain newspapers (cities of 600,000 or more).

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

493.075 - Publication of notice in lieu of posting, limits.

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; 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)

493.120 - Notice published in other newspapers not valid.

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

493.020 - Payment of costs by county, when.

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

493.130 - Unlawful for officer or person holding property in trust to make profit in contract with any newspaper.

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

493.060 - Affidavit of printer, editor or publisher — evidence.

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

493.070 - Advertisements published in specified newspapers (cities of 100,000 or more).

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

493.025 - Rates generally allowable for public advertisements or legal notices.

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)

493.050 - Public advertisements and orders of publication published only in certain newspapers.

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.

(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, A.L. 2007 S.B. 613 Revision)

Prior revisions: 1929 § 13775; 1919 § 10403; 1909 § 589

(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.

493.140 - Punishment for accepting rebates.

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

493.040 - Officers to procure best rates.

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.