The Harrison times., 1915-06-19
ACT NO POO
Regulating the Pleading and Practice
In the Circuit and Chancery
Courts of Arkansas.

When the summons Is directed WlJhlH
the State, and thirty days when 1t is
directed outside the state"
Amends Section GO3S Of Kirby's Di-
gost to read as follows: "The sum
mons shall be made Teturnable to the
first day that the court shall be in
session after twenty days after the
date Of issuance thereof"
Amend Section G0j4 OF Kirbys Di-
Eest to read as follows; "The certified
copy and summons with the affidavit
and certificate, as provided In Section
GO53, 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 Kirbys Di-
Eest to read as follows; where II ap-
pears by the afildaVit 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 Isl
"Nirst, A foreign corporation, hav-
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
summons; or,
sixth Conceals himself no that q
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 hle with the papers In the
case an order warning such defendant
10 appear IN the action within thirty
days from the time Of making the or
der"
Amends Section GOES 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 tho publication
Of the warning order for the four
weeks required by law, ho deemed 70
have been coustrUctivoly summoned
upon the date Of the making OF the
order
Amends Section ell Of Kirbv'a Dl-
gcst to read ~ follows: "rhc defense
10 any complaint or cross complaint
must be fled before noon Of the first
day the court meets In regular or ad-
journed session after services
"Frst Whore the summons has
been served twenty days outside Of the
state;
SECOND where the summons has
been served thirty days outside OF the
state;
"rhIrd. In case of constructive ser
vice, whore publication OF the warning
order has been made as required by
law and thirty d0ya has ELAPSED since
the making of the order and the Np-
polntment Of the attorney ad Item"
Amends Section Gli2 of klrbv's Dl-
Fost TO read az follows "lf the an-
swcr contains a countor-clalm or set
or, reply shall be filed within i've
dnva, or, In cases NJ law, upon the
calling Of the case for trial. II II be
called before the expiration OF the said
Ave days"
Amends Section GiSS Of Klrby'a III.
Eoat 10 read Ns follows Judgment by
default ghnll be rendered by the court
on any day OF any regular or adjourn
cd session In any case whore the de-
fenao has not been filed within the time
allowed by Nootions Gil ana Gll2i pro-
yIdod, that the court may for good
cause allow further time for Ming II
defense"
Amends Section Gi0O Of Kirbv's nj.
geat 10 rcad aH follows, "Actiona by
proceedings nt law shall stand for trial
upon any day Of any regular or Hd-
iournod session after process has been
served upon the defendants for the
time allowed by Section Gil"
Amends Section Gl03 Of kiFby'a Dia
geel 10 read aH follows
"Wherr intofroRatorios have been
annexed 90 pleading IN nm action by
equitable proceedings, the party inter-
rOEniod shall not be entitled 10 demand
q trial unless he has answered the In.
torrogAloroH, olthor within twenty
days nrtor they were filed or twenty
days before his said demand for n
trial"
Amends Section GiOi Of Klrby'a ri.
gost 10 rond ng follows "'fho plaintiff
shall be- entitled 10 n trial IN all 0c.
llOnU by equitable proceedings on the
nrst day that the court meets In regu-
lar or adjourned session after twenty
days after service Of summons on all
the defendants aH provided By Buez
ton CHI HH herein amended, whore no
issue OF facts iH made by the plead
inrs, or whore the plaintiff consents
that the statements OF the answer may
be- taken na true"
Amonda section G33G of Klrby'a DI-
guat 10 read M follows Exceptions
20 the report Of Il master shall be In
writing aud shall be Hlod within three
days after the Ming Of said report If
the term Us long continued, ana " not,
before the end OF the term N shall be
Disposed Of oa cxpodltlously as poHHl.
bic"
The report Of master appointed by
consent shall be no more conclusive
on the court than that Of master
appointed by the court, The court
may nK the time within which depOHiz
tonH may be taken No original plead
ing, motion or deposition shall be per.
mlltpd 10 be taken from the once "
the Clurk Of the court or Judge Tho
court may order oral Testimony 10 be-
taken down In shorthand,
AmendH Section 8l7G OF KiFbya De
gest 60 read aH follows "BitheF party
time during the progress thereof, by
turnuy require all dUpuHltluuH taken
out of the county to be lRNon upon IN
terrOrHiurleB.'
WritH Of attachment may be Issued
against the property 0f the defendant
who ~ a nonresident OF the state ana
who cannot be served IN person with
process ih the action Within the state,
In the same manner hH In actions eK-
uuntrnctu, Process In suits may bp
served on the Secretary OF state. 9TH
ur laws ana parts Of lava amended
Act In force from June !, 1915,
Approved March 10, 1910
ACT NO, 200,
Amending Section beB6 OF klfby's
Digest
Amends Section bpsG of klfhyA Di.
upht tu read HH follOWhl hAll hulta for