The Huttig news., 1915-06-19
ACT NO. 29o. Regulating the Pleading and Practice in the Circuit and Chancery Courts of Arkansas
ACT NO. 200.

Afnends Section 603S of Kirbys Di- gest to read as follows: The sum- mona shall be made returnab1e to the 1 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 than thirty days after such service" {" Amend Section 6055 of Kirby's Di- gest to read as follows: Where it ap- pears by the affidavit of the plaintiff, 1led 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 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 a summons can not be served upon him or.
 w here 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 so5S of Kirby'e Di- gest to read as follows: "A defend ant against whom a warning order has been made and published shall upon the completien of the pub1ica ion of the warning order for the four weeks required bv law. he dee,ned to have been constructively summoned upon the date of the making of the order.
 Amends Section 6111 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
 "Second. Where the summens has been served thirty days outside of the State:
 Third. In case of constructive ser vice. where publication of the warning order has been made 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 Kirbvs Di- gest to read as follows: "Tf the an swer contains 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 618S of Kirby's Di- gest 10 read as follows: Judgment by default shall be rendered by the court on any day of any regular or adjourn cd session in any ease where the de- fense has not been filed within the time allowed by Sections 6111 and 6112; pro- Vided, that the court may for good cause allow further time for filing a defense"
 Amends Section 619o 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- journed session after process has been served upon the defendants for the time allowed by Section 6111."
 Amends Section 6193 of Kirby's Di- gest 10 read as follows:
 Where interrogatories have been annexed to q pleading in an action by equitable proceedings. the party inter- rogated shall not be entitled to demand a trial unless he has answered the in terrogatories. either within twenty days after they were filed or twenty
 
 trial
 Amends Section 6I94 of Kirbys Di- gest to read follows: "The plaintiff shall be entitled to a 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 6111 as herein amended, where no issue of facts is made by the plead ings, or where the plaintiff consents that the statements of the answer may be taken as true"
 Amends Section 6336 of Kirby's Di- gest to read as follows: Exceptions to the report of 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- ble."
 The report of a master appointed by consent 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 m:.ted 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 3176 of kirby's Di- 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 depositions 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 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- eontractu. Process in suits may be served on the Secretary of State. 9th CT laws and parts of laws amended Act in force from June l, 1915.
 Approved March 90. 1915