The Harrison times., 1915-07-03
ACT NO. 200.
Regulating the Pleading and Practice
in the Circuit and Chancery
Courts of Arkansas.

the State, and thirty days when it Is
directed outside the State"
Amends Section G03S Of Kirby's Di-
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 6054 Of Kirby's Di-
gest to read as follows: THE certified
copy and summons with the af7davit
and certificate, as provided in Section
G053, 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 G055 Of Kirby's Di-
gest to read as follows; "Where II 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
It is his information and belief that
the defendant Is:
First. A foreign corporation, hav-
ing no agent in the State; or,
Second, nonresident Of this
State; or,
Third Has departed from this state
with intent to delay or dcfraud 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 a
summons; or,
sixth Conceals himself so that
summons can not be served upon him;
or,
'"whcre either Of the last two mem
toned facts is stated in the return by
the proper officer OF n 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 Section GO5S Of Kirby's Dl-
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 by law, be deemed TO
have been constructIyely summoned
upon the date OF the making Of the
order.
Amends Section Gilt OF Klrby's DE
gest 20 read as follows "Thc defense
TO any complaint or cross complaint
must he filed before noon Of the first
day the court meets In regular or nd-
iourncd session after service
"First, Whore the summons has
been served twenty days outside Of the
state
Second whore the summons has
been served thirty days outside OF the
State;
Third, In case Of constructive SER
vlco, whore publication OF the warning
order has been made az required by
law and thirty DAYS has elapsed since
the making Of the order and the Op-
pontmcnt OF the attorney Nd lltom,"
Amends Section GLE OF Klrby's Dl-
gest TO read as follows. III the am
swor contains countorsclaim or set
of, q reply shall be filed within i've
d0yR, or, In cases at law, upon the
calling OF the case for trial, n II be
called before the expiration Of the soid
Ave days"
Amends Section GiSS OF RIrby's Dl-
gcst TO rond as follows; Judgment By
default shall be rendered by the court
on any day Of any regular or adjourn
cd session In any case whore the de-
fcnsc has not been hlod within the time
allowed by Hoctons Gil and Gll2i pro-
yidod that the court may for good
cause allow further time for Ming a
defenae"
Amends Section 6ioO OF Klrby'a Di-
Rcst 20 read as followsi "Actions by
proceedings at law shall stand for trial
upon any day OF any regular or Rd-
Journcd session after process has been
time allowed by Section Gill"
Amends Section Gl08 Of KIrby'a De
geat 60 read aB follows
"Where lntefroRhtOrles have been
annexed TO pleading In an action by
equitable proceedings the party Inter-
rogated shall not be entitled 10 demand
trial unless he has Rnaworod the IN.
tcrrogatorloa, either Within twenty
days after they were filed or twonty
daya before hls said demand for a
trial"
Amends Section GiOi Of Kirby'a Dls
goHt to read aH follows "fhc plaintiff
shall be entitled 10 n trial In all nc.
tl0nA by equitable proceedings on the
lrHt day thnt the court meets In rOgu-
lar or adjourned session after twenty
days after service or summons on ali
the defendants, AH provided by Area
t0h Gill as herein amended, whore no
issue OF facts IL made by the plead
ings, or whore the plaintiff consents
that the statements Of the answcr may
be taken ~ true"
Almonds section G9aG " KIrby'a III.
geat TO read Ng follows Exceptions
to tho report OF "A master shall DO In
writing and shall be filed within three
days after the fillng Of said report II
the term lH long continued, and n not,
before the end OF the term II shall be
disposed OF az eNpedtOusly aB buHBis
ble,"
Tho report OF n master appointed by
consent shall be no moro eonuluHlvp
on the court than that OF n master
appointed by the court Tho court
may iX the time within which depoaiz
t0nH may be taken, No original pleads
ing, motion or deposition shall be- per-
mitted TO be taken from the office "
the clerk Of the court or ludre, The
court may order oral testimony lo be-
taken down n shorthand,
AmpndH Section dli6 OF kirbyH Dla
BuHt TO read as f0ll0WHi "i1lther party
10 an action OF proceeding may AT any
time during the progress thereof hy
notice TO the adverse party or hiH Ata
turuuyt require Nll dNpunltlunH tnl,un
OUT OF the county to be- taken upon In.
tnrrunntOrloH"
Writa Of attachment may be- IHsued
against the property of the defendant
Who ls a nonresident Of the state, and
who cannot be served IA person with
process IA the action within the state.
In the same manner as In actions ok
tohttnctu, Process I'm suits may no
served ON the Secretary Of state. ON.
pr bwH ami parts of mwu amended
Act Ia force from June I, 1913,
Approved March 8O 1913,
ACT NO, s06,
Amending Section be66 OF kIrby's
bIaeat.
Amends Section kgs0 of Klrby's bl.
HeHt To- read 49, foll0wel IAN Hulta for