The Monticellonian., 1915-07-01
ACT NO. 2o0. Regulating the Pleading and Practice in the Circuit and Chancery Courts of Arkansas.

Amends Section COST of Kir- by's Digest to read as follows: In all civil actions the time fixed in the summons for the defendant to answer shall be within twenty days after service when the summons is di- rected within the State, and thirty days when 1t is directed outside the State"
 Amends Section 603S of Kirbys 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 certi- fled copy and summons with the affi- davit and certificate, as provided in Section 6053 being returned and filed in the action, shall be deemed an actual service 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 appears by the affidavit of the plain tiff, filed in the clerk office at or af ter the commencement of the action that he had made diligent inquiry. and that 1t his information and be- lief that the defendant is:
 First. X foreign corporation, hay ing no agent in the State: or,
 Second. A 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. Coneeals himself so that a summons can not be served upon him; or.
 Where either of the last two men. tioned facts is stated in the return by the proper officer of a summons against the defendant, the clerk shall make and file with the papers in the case. an order warning such defend ant to appear in the action within thirty days from the time of mak- ing the order
 Amends Section 605S of Kiroys Di- gest to read as follows: "A defend ant against whom warning order has been made and published, shall, upon the completion of the publica. tion 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 6111 of Kirby's Di. gest to read as follows: "The de fense to any complaint or cross com plaint must be filed before noon of the first day the court meets in regll- lar or adjourned session after ser vice:
 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 ease 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 Kirhy's 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. gest to read as follows: Judgment by default shall be rendered by the court on any day or any regular or adjourned session in any case where the defense has not been filed within the time allowed by. Sections 6I11 and 6112: provided. that the court may for good cause allow further time l for filing a defense" Amends Section 6190 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 adjourned session after process has ] been served upon the defendants for l the time allowed by Section ol11." Amends Section 6193 of Kirby's Di- gest to read as follows: Where interrogatories have been