The Springdale news., 1915-07-02
ACT NO. 200.
ACT NO. 2o0. Regulating the Pleading and Practice in the Circuit and Chancery Courts of Arkansas.

directed outside the State Amends Section 6038 of kirbY's D1- gest 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 after the date of issuance thereof Amend Section e054 of kfrbY's Df- gest to read as follows: "The certified copy and summons with the affidavit and certificate, provided in Section 6053, 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 in regular or adjourned session, not less than thirty days after such service" Amend Section 6055 of kirby's Di- gest to read as follows: Where it ap- pears by the affidavit of the plaintiff, filed in the clerks office at or after 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. hay ing no agent in the State; or,
 Second. nonresident of this State; or,
 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 ta avoid the service of a summons; or.
 sixth. Conceals himself SO that a summons can not be served upon him or,
 Where either Of the last two men toned facts is stated in the return hv 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 Seeton f059 of Kfrhy's Di= gest to read as follows: "A defend ant against whom warning order has been made and published shall of the warning order for the four weeks required by law. he deemefl= =to have been construetively summoned upon the date of the making of the order.
 Amends Section Gill of Kfrbv's Df- eest to read as follows "Fhe defense to any complaint or cross complaint mnst be fled before noon Of the first day the court meets in reealar or ad- 1onfned sezsfon after service:
 First, " here the summons has been served twenty days outside of the State:
 Second Where the summons has heen served thirty days outside of the State:
 Third Tn case ot 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 litorn
 Amends Section 6t12 of kfrbv's Df- gest to read as follows: If the an- swer contains 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 he called before the expiration of the said five days"
 Amends Section G18S of Kirhy's Df- gest to read IS follows: "Judrment hv default shall be rendered by the court on any day Of any regular or adjourn cd session in any case where the de fense has not been filed within the time allowed by Sections Gill and 6f12; pro vfded. that the court may for good cause allow further time for filing a defense"
 Amends Section 619o of Kirhv's Df- gest to read as follows: Actions bv proceedings at law shall stand for trial upon any day of any regular or ad- tourned session after process has been served upon the defendants for the time allowed by Section 611I"
 Amends Section G193 of Klrbys Df- gest to read follows:
 Where interrogatories have heen annexed To a pleading in an action by equitable proceedings, the party inter- rogated shall not be entitled to deman 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 s1o4 Of Kirbv's Dt- gest to read as follows; "The plaintiff shall be entitled to a trial in all ae 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 fif.Fa h Fs..i. issue of facts is made by the plead ings or where the plaintiff consents hat the statements of the answer may be taken as true"
 Amends Section e83s of Ktrby's Di- gest to read as follows: "FXcentions to 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 it shall he disposed of as expeditiously AS possi- bic"
 The report of a master appointed bv consent shall be no more conclusive on the court than that Of q master may ffS the time within which deposit tions 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 ia he taken down in shorthand
 Amends Section 3176 of Kfrby's Dfz gest to read as follows: Either party to an action or proceeding may at any tune during the progress thereof. by notice to the adverse party or his at torney, require all depositions taken out of the county to be taken upon in terrogatorfes." 1ii
 Writs of attachment may be issuea against the property of the defendant who is a nonresident of the state sn5 who cannot be served in person witb process in the action within the stata in the same manner as in actions ex' contra eontraetu. t.l .s Process in suits may be CT laws and parts of laws amendad Act in force from June l, 1915.
 Approved March 90. 1915.
 ACT NO 296.