State Codes and Statutes

Statutes > Missouri > T33 > C493 > 493_050

Public advertisements and orders of publication published only incertain newspapers.

493.050. All public advertisements and orders of publication requiredby law to be made and all legal publications affecting the title to realestate shall be published in some daily, triweekly, semiweekly or weeklynewspaper of general circulation in the county where located and whichshall have been admitted to the post office as periodicals class matter inthe city of publication; shall have been published regularly andconsecutively for a period of three years, except that a newspaper ofgeneral circulation may be deemed to be the successor to a defunctnewspaper of general circulation, and subject to all of the rights andprivileges of said prior newspaper under this statute, if the successornewspaper shall begin publication no later than thirty consecutive daysafter the termination of publication of the prior newspaper; shall have alist of bona fide subscribers voluntarily engaged as such, who have paid oragreed to pay a stated price for a subscription for a definite period oftime; provided, that when a public notice, required by law to be publishedonce a week for a given number of weeks, shall be published in a daily,triweekly, semiweekly or weekly newspaper, the notice shall appear once aweek, on the same day of each week, and further provided, that everyaffidavit to proof of publication shall state that the newspaper in whichsuch notice was published has complied with the provisions of this section;provided further, that the duration of consecutive publication provided forin this section shall not affect newspapers which have become legalpublications prior to September 6, 1937; provided, however, that when anynewspaper shall be forced to suspend publication in any time of war, due tothe owner or publisher being inducted into the armed forces of the UnitedStates, the newspaper may be reinstated within one year after actualhostilities have ceased, with all the benefits provided pursuant to theprovisions of this section, upon the filing with the secretary of state ofnotice of intention of such owner or publisher, the owner's survivingspouse or legal heirs, to republish such newspaper, setting forth the nameof the publication, its volume and number, its frequency of publication,and its readmission to the post office where it was previously entered asperiodicals class mail matter, and when it shall have a list of bona fidesubscribers voluntarily engaged as such who have paid or agreed to pay astated price for subscription for a definite period of time. All laws orparts of laws in conflict with this section except sections 493.070 to493.120, 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.

State Codes and Statutes

Statutes > Missouri > T33 > C493 > 493_050

Public advertisements and orders of publication published only incertain newspapers.

493.050. All public advertisements and orders of publication requiredby law to be made and all legal publications affecting the title to realestate shall be published in some daily, triweekly, semiweekly or weeklynewspaper of general circulation in the county where located and whichshall have been admitted to the post office as periodicals class matter inthe city of publication; shall have been published regularly andconsecutively for a period of three years, except that a newspaper ofgeneral circulation may be deemed to be the successor to a defunctnewspaper of general circulation, and subject to all of the rights andprivileges of said prior newspaper under this statute, if the successornewspaper shall begin publication no later than thirty consecutive daysafter the termination of publication of the prior newspaper; shall have alist of bona fide subscribers voluntarily engaged as such, who have paid oragreed to pay a stated price for a subscription for a definite period oftime; provided, that when a public notice, required by law to be publishedonce a week for a given number of weeks, shall be published in a daily,triweekly, semiweekly or weekly newspaper, the notice shall appear once aweek, on the same day of each week, and further provided, that everyaffidavit to proof of publication shall state that the newspaper in whichsuch notice was published has complied with the provisions of this section;provided further, that the duration of consecutive publication provided forin this section shall not affect newspapers which have become legalpublications prior to September 6, 1937; provided, however, that when anynewspaper shall be forced to suspend publication in any time of war, due tothe owner or publisher being inducted into the armed forces of the UnitedStates, the newspaper may be reinstated within one year after actualhostilities have ceased, with all the benefits provided pursuant to theprovisions of this section, upon the filing with the secretary of state ofnotice of intention of such owner or publisher, the owner's survivingspouse or legal heirs, to republish such newspaper, setting forth the nameof the publication, its volume and number, its frequency of publication,and its readmission to the post office where it was previously entered asperiodicals class mail matter, and when it shall have a list of bona fidesubscribers voluntarily engaged as such who have paid or agreed to pay astated price for subscription for a definite period of time. All laws orparts of laws in conflict with this section except sections 493.070 to493.120, 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.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T33 > C493 > 493_050

Public advertisements and orders of publication published only incertain newspapers.

493.050. All public advertisements and orders of publication requiredby law to be made and all legal publications affecting the title to realestate shall be published in some daily, triweekly, semiweekly or weeklynewspaper of general circulation in the county where located and whichshall have been admitted to the post office as periodicals class matter inthe city of publication; shall have been published regularly andconsecutively for a period of three years, except that a newspaper ofgeneral circulation may be deemed to be the successor to a defunctnewspaper of general circulation, and subject to all of the rights andprivileges of said prior newspaper under this statute, if the successornewspaper shall begin publication no later than thirty consecutive daysafter the termination of publication of the prior newspaper; shall have alist of bona fide subscribers voluntarily engaged as such, who have paid oragreed to pay a stated price for a subscription for a definite period oftime; provided, that when a public notice, required by law to be publishedonce a week for a given number of weeks, shall be published in a daily,triweekly, semiweekly or weekly newspaper, the notice shall appear once aweek, on the same day of each week, and further provided, that everyaffidavit to proof of publication shall state that the newspaper in whichsuch notice was published has complied with the provisions of this section;provided further, that the duration of consecutive publication provided forin this section shall not affect newspapers which have become legalpublications prior to September 6, 1937; provided, however, that when anynewspaper shall be forced to suspend publication in any time of war, due tothe owner or publisher being inducted into the armed forces of the UnitedStates, the newspaper may be reinstated within one year after actualhostilities have ceased, with all the benefits provided pursuant to theprovisions of this section, upon the filing with the secretary of state ofnotice of intention of such owner or publisher, the owner's survivingspouse or legal heirs, to republish such newspaper, setting forth the nameof the publication, its volume and number, its frequency of publication,and its readmission to the post office where it was previously entered asperiodicals class mail matter, and when it shall have a list of bona fidesubscribers voluntarily engaged as such who have paid or agreed to pay astated price for subscription for a definite period of time. All laws orparts of laws in conflict with this section except sections 493.070 to493.120, 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.