Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1915-06-24


vestigation and survey, $z.ooo.uo'
printing fund, 100000; home econom-
les, 100000. Act in force from pas
sage. , 'A.oa
March 81, 1915.
ACT NO. 290.
Regulating the Pleading and Practice
in the Circuit and Chaneery
Courts Of Arkansas.
Amends Section 6037 of Kirby's D1.
eest to read as follows: IN all civil
actions the time fixed in the summons
for the defendant to answer s aan,,,o ne
within twenty days after service,
when the summons is directed within
the State, and thirty days when 1t Is
directed outside the State.
Amends Section 603S of kirby's d.
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 1854 of kirby's d.
gest to read as follows: THE certined
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
than thirty days after such service"
Amend Section 6055 of kirby's Dr.
gest to read as follows: Where 1t ap-
pears by the AFFIDAVIT OF the plaintin.
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. A nonresident or this
'Aa'hird. 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;
where either of the last two men
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
rase an order warning such defendant
to appear in the action within thirty
days from the time of making the or
DER
gest to read as follows: "A defend
ant against whom a 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 constructively summoned
upon the date Of the making Of the
order.
Amends Section Gill Of Kirby's Dr.
gest to read as follows: 1.-THE defense
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. In case Of constructive SER
vice. where publication of the warning
law and thirty days has elapsed since
the making of the order and the ap-
pointment Of the attorney ad litem."
Amends Section 6112 Of Kirby's Di-
gest to read as follows: IF the an
swer contains a claim or set
off. a reply shall be filed within Ave
days. or. in cases at law, upon the
calling Of the case for trial. II It be
called before the expiration of the said
fve days"
Amends Section 61sS Of Kirby's d.
gest to read as follows: Judgment by
default shall be rendered by the court
on any day of any regular or adjourn
ed session In any case where the de-
Tense has not been filed within the time
allowed by Sections Gill and 6112; pro-
vided. that the court may for good
cause allow further time for filing a
defense"
A Amends E. Section ): $40 Of Kirby's pi-
proceedings at law shall stand for trial
upon any day OF any regular or ad-
Journeo session after process has been
served upon the defendants for the
Amends Section eles Of Kirby's d.
gest to read as follows:
where interrOgatOries have been
annexed to pleading In an action by
EQUITABLE proceedings. the party inter-
trial unless he has answered the in
terrogatorfes. either within twenty
days after they were filed or twenty
days before his said demand for 4
Amends Section 61a4 OF Kfrbv.s Di-
gest to read as follows: 1.-THE plaintiff
shall be entitled to a trial in ali ac-
tions by equitable proceedings on the
FIRST day that the court meets in regu-
Jar or adjourned session after twenty
Gays AFTER service of summons on all
the defendants. as provided by Sec
ton Gill as herein amended, where no
/ issue of facts is made by the plead
ings. or where the PLAINTIFF consents
shO SIdICuIculS VI the answer may
be taken as true"
Amends Section 1886 Of Kirbys Dr.
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 il
the term is long continued, and il not,
before the end of the term it shall be
ble" -
The report Of a master appointed by
consent shall be no more conclusive
on the court than that Of a master
appointeN by the court The court
may fix the time within which deposit
lions may be taken. No original plead
Ing. motion or deposition shall be per-
mitted to be taken from the office If
the clerk OF the court or judge, The
court may order oral testimony to be
taken down in shorthand.
Amends Section 317U OF Kirby's d.
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
torhey. require all dispositions taken
out OF the county to be taken upon in
Writs Of attachment may be tssued
against the prODertv Of tho doPnuAn. ~