The Brinkley argus., 1915-06-25
ACT NO. 2so. Regulating the Pleading and Practice in the Circuit and chancery Courts of Arkansas.
ACT NO. 29o.

gest to read as iOiioWs' III oi, actions the time fixed in the summons for the defendant to answer shall De within twenty days after service. when the summons Is directed withih the State. and thirty days when it IS directed outside the State" gest to read as follows: The sum mons shall be made returnable to the first day that the court shall De m session after twenty days arter the date of issuance thereof.
 Amend Section 6054 of kirbys Di, gest to read as follows: "The certified copy and summons with the affidavit and certificate, as provided Tn Sectioh 6053, being returned and hled Tn the action shall be deemed an actual ser vice of summons in due time for tr1al on the first day the court meets Tn 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 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, 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 summons; or,
 Sixth. Conceals himself so that a 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 case an order warning such defendant to appear in the action within thirty days from the time of making the or der"
 Amends Secton 6O5S of Kirby's Di- 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 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 sunmons 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 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 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 of any regular or adjourn ed session in any case where the de- fense has not been filed within the time allowed by Sections Gill and 6f12; pro- vided, that the court may for good cause allow further time for filing 8 defense"
 Amends Section 61so of Kirby's Di- gest to read as follows: Actions by proceedings at law shall stand for tria. upon any day of any regular or ad- served upon the defendants for the time allowed by Section Gill"
 Amends Section 61s3 of Kirby's Di- sest to read as follows;
 Where interrogatories have been annexed to @ pleading in an action by equitab ble proceedings. the party inter- rosated shall not be entitled to demand trial unless he has answered the in- tsrrogatories. either within twenty days after they were filed or twenty trial"
 Amends Section 6194 of Kirby's Di- gest to read as follows: The plaintiff shall be entitled to a trial in all ac- tions 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. as provided by Sec ton 6l11 as herein amended, where no issue of facts Is made by the plead that the statements of the answer may be taken as true"
 Amends Section 63S6 of Kirby's Di- gest to read as follows: "E,xceptions to the report of master shall be in writing and shall be filed within three days after the filing of said report ii the term Is long continued, and If not before the end of the term it shall be disposed of as expeditiously as nossi- ble."
 The report of a master appointed by consent shall be no more conclusive on the court than that of a asteI appointed by the court. The court may fix the time within which deDosi- tions may be taken. No original plead ing. motion or deposition shall be per m!tted to be taken from the offioe Df the clerk of the court or judge. The court may order oral testimony to be taken down in shorthand.
 Amends Section 3176 of Kirbys I1i- 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 torney, require all dispositions taken out of the county to be taken upon in terrogatories."
 Writs of attachment may be issued against the property of the defendant who Is 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 he served on the Secretary of State 9th CT laws and parts of laws amended Act in force from June l, 1915.
 Approved March 30, 1915.
 ACT NO. 296.
 Amendinu Section 6oc6 o< k;.L,L