The Nevada County picayune., 1915-07-02
ACT NO. 290. Regulating the Pleading and Practice in the Circuit and Chancery Courts of Arkansas.
ACT NO. 29C

geet to read as follows: The sum- mons shall be made returnable to the first day that the court shall be in session after twenty days atter the date of issuance thereof.
 Amend Section 6054 of Kirby's Di- gest to read as follows: "The cert1hed copy and summons with the afhdaVlt and certificate, as provided III oectloh 6O53, being returned and filed in the action, shall be deemed an actual ser vice of summons in due time for trial on the first day the court meets III regular or adjourned session, not less than thirty days after such serVlGe;;
 Amend Section 6055 of Kirbys Dl- gest to read as follows Where it ap- pears by the affidavit of the plaintln, filed in the clerks office at or alter the commencement of the action. that he had made diligent inquiry and that 1t is his information and belief that the defendant is
 First. A foreign corporation, hav- ing no agent in the State; or.
 "Second A nonresident of this
 Third. Has departed from this State with intent to delay or defraud his creditors: or,
 Fourth. Has been absent from this State four months: or.
 Fifth. Has left the country of his residence to avoid the service of summons; or,
 sixth. Conceals himself so that summons can not be served upon him; or,
 toned facts is stated in the return by the proper officer of summons against the defendant. the clerk shall make and file with the papers in the case an order warning such defendant to appear in the action within thirty days from the time of making the or der
 Amends secton 6O5s of Kirbys Di- gest to read as follows: "A defend ant against whom warning order has been made and published shall, upon the completion of the publication of the warning order for the four weeks required bv law. be deemed to have been constructively summoned upon the date of the making of the order.
 Amends Section 6111 of Kirbvs Di- gest to read as follows: The defense to any complaint or cross complaint must be filed before noon Of the first day the court meets in regular or ad journed session after service:
 First. Where the summons has been served twenty days outside of the State;
 "Second. Where the summons has been served thirty days outside of the State;
 Third. Tn case of constructive ser vice, where publication of the warning order has been made as required by law and thirty days has elapsed since the making of the order and the ap- pointment of the attorney ad Item"
 Amends Section 6112 of Kirbvs Di- gest to read as follows: If the an swer contains a counter-claim or set off, a reply shall be filed within five days. or. in cases at law, upon the calling of the case for trial. if it be called before the expiration of the said five days"
 Amends Section 61SS of Kirby's Di- f,I N,, default shall be rendered by the court on any day of any regular or adjourn cd session in any ease where the de- fense has not been filed within the time allowed by Sections 6111 and 6112; pro vided. that the court may for good cause allow further time for filing a defense"
 Amends Section s1eo of Kirby's Di- pest 10 read as follows: Actions by proceedings at law shall stand for trial upon any day of any regular or ad- journed session after process has been served upon the defendants for the time allowed by Section 6111"
 Amends Section 6193 of Kirby's Di- gest to read as follows:
 Where interrogatories have been annexed to a pleading in an action by equitable proceedings. the party inter rogated shall not be entitled to demand a trial unless he has answered the in- terrogatories, either within twenty days after they were filed or twenty days before his said demand for a trial"
 Amends Section 6194 Of Kirby's Di- gest to read as follows: The plaintiff shall be entitled to trial in all ac- tions by equitable proceedings on the first day that the court meets in regu- lar or adjourned session after twenty days after service of summons on all the defendants, as provided by Sec tion 61l1 as herein amended. where no issue of facts is made by the plead ings. or where the plaintiff consents that the statements of the answer may be taken as true"
 Amends Section 6336 of Kirby's Di- gest 10 read as follows. "Exceptions l 10 the report of master shall be in writing and shall be filed within three days after the filing of said report if the term Is long continued and if not. before the end of the term 1t shall be ble"
 The report of a master appointed by consent shall be no more conclusive on the court than that of n master appointed by the court. The court may fix the time within which deposi- ! ions may be taken. No original plead- ing. motion or deposition shall be per mitted to be taken from the office Of the clerk of the court or Judge. The court may order oral testimony to be taken down in shorthand. Amends section 3l76 of Kfrby's Di- gest to read as follows: Either party to an action or proceeding may at any time during the progress thereof, by notice to the adverse party or his at torney, require all dispositions taken | out of the county to be taken upon in- ! terrogatories"
 Writs of attachment may be issued | against the property of the defendant who IS nonresident of the state, and who cannot be served in person with process m the action within the state. in the same manner as in actions ex- contractu. Process in suits may he served on the Secretary of State. oth- CT laws and parts of laws amended. Act in force from June I. 1915, Approved March 30, 1915. ACT NO. 296.