The Spectator., 1915-06-25
ACT NO. 290.
ACT NO. 290. Regulating the Pleading and Practice in the Circuit and Chancery Courts of Arkansas

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 affidavit and certificate. as 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
 Amend Section 6055 of Kirby's Di- gest to read as follows: Where 1t 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 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 a summons; or.
 Sixth. Conceals himself so that
  or.
 Where either of the last two men tioned 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 so5s of Kirby'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. be deemed to have been constructively summoned upon the date of the making of the order.
 Amends Section s111 of Kirbv's 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
 
 pointment of the attorney ad iitem."
 Amends Section 6l12 of Kirbv's Di- gest to read as follows: "If the an- swer contains a counter-claim or set off. 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 slss Of Kirby's Di- gest to read as follows: Judgment hy default shall be rendered by the court on any day of any regular or adjourn ed session in any case where the de- fense has not been filed within the time allowed by Sections CHI and 6112: pro- vided. that the court may for good cause allow further time for filing defense"
 Amends Section s1eo of Kirby's Di- gest to read as follows: Actions by proceedings at law shall stand for trial upon any day of any regular or ad- 5ourned session after process has been served upon the defendants for the time allowed by Section Gill"
 Amends Section 6193 of Kirby's Di- gest to read as follows:
 Where tnterrogatories have been to pleading in an action by proceedings. the party inter- rogated shall not be entitled to demand a trial unless he has answered the in- either within twenty days after they were filed or twenty days before his said demand for . trial"
 Amends Section 61s4 of Kirby's pi- 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 Gill as herein amended. where no | issue of facts is made by the plead ings. or where the plaintiff consents l , nat the statements of the answer may be taken as true"
 Amends Section ss3s of Kirby's Di- | gest to read as follows: Exceptions | to the report of a 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 be | disposed of as expeditiously as possi- l ble"
 The report of a master appointed by | shall be no more conclusive | on the court than that of a master | appointed by the court The court | may fix the time within which deposi- | 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 to be | taken down in shorthand.
 Amends Section 3l76 of Kirbys Di- | gest to read as follows: Either party | to an action or proceeding may at any | 'hho eht pioETtSS lnefeOT, Dy | notice to the adverse party or his at | torney. require all dispositions taken | out of the county to be taken upon in- | 
 Writs of attachment may be issued | against the property of the defendant | who is a nonresident of the state, and | who cannot be served in person with | process in the action within the state. in the same manner as in actions ex- | contractu. Process in suits may be | served on the Secretary of State. Oth- | CT laws and parts of laws amended. Act in force from June 1, 1915,
 Approved March 30. 1915.