The Spectator., 1915-06-18
ACT NO. 29o. Regulating the Pleading and Practice in the Circuit and Chancery Courts of Arkansas.
ACT NO. 200.

when the summons is directed within the State, and thirty days when it is 1 directed outside the State.' l Amends Section 603S of Kirby's Di- gest to read as follows: The sum l mons shall be made returnahle 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 605S, 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. | 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. foreign corporation, hav- l ing no agent in the State; or, 1 Second A nonresident of this | State: or,
 Third. Has departed from this State
 with intent 10 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,
 ! Where either of the last two men,
 tioned facts is stated in the return by l against the defendant. the clerk shall l make and file with the papers in the | case an order warning such defendant | to appear in the action within thirty l .l., | der"
 | Amends Secton 6nhS of Kirby's Di- gest to read follows: "A defend ant against whom warning order l has been made and published shall.
 upon the completion of the publication l of the warning order for the four | weeks required by law. he deemed to ! have been constructively summoned
 upon the date of the making of the l order.
 Amends Section s111 of Kirbv's Di- l gest to read as follows: "The defense | to any complaint or cross complaint
 must be filed before noon Of the first | day tho court meets in regular or ad- | iourned session after service: | First. Where the summons has 1 heen served twenty days outside of the | State:
 Second Where the summons has
 been served thirty days outside of the | State:
 Third. Tn case of constructive ser i vice. where publication of the warning | order has been made as required by law and thirty days has elapsed since l the making of the order and the ap- pointment of the attorney ad Item" Amends Section 6112 of Kirby's Di- | gest to read as follows: "lf the an- 1 Swer contains a counter claim or set 1 off. reply shall be filed within five | days, or in cases at law. upon the 1 calling of the case for trial. if it be ! called before the expiration of the said | five days"
 l Amends Section 61SS of Kirby's Di- 1 gest to read as follows: Judgment by | default shall be rendered by the court | on any day of any regular or adjourn | cd session in any case where the de- 1 fense has not been filed within the time
 allowed by Sections sill and eng: pro- vided. that the court may for good
 cause allow further time for filing l defense"
 Amends Section s1eo of Kirby's Di- l gest to read as follows: Actions by | proceedings at law shall stand for trial upon any day of any regular or ad- 1 journed session after process has been
 served upon the defendants for the 1 time allowed by Section 6ll1." 1 Amends Section 6193 of Kirby's Di- | gest to read follows: l Where interrogatories have been
 annexed to n pleading in an action by ! equitable proceedings, the party inter- l rogated shall not be entitled to dema nd
 a trial unless he has answered the in- I | days after they were filed or twenty
 days before his said demand for l trial"
 ! Amends Section 6ls4 of Kirby's Di- | gest to read as follows; The plaintiff
 shall he entitled 10 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 summon on all | the defendants. as provided Sec | tion 61ll 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
 1 Amends Section 6336 of Kirby's Di- | gest 10 read as follows: Exceptions
 to the report of master shall be in 1 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 1t shall be | disposed of as expeditiously as possi- | ble."
 1 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- l tions may be taken. No original plead
 ing, motion or deposition shall be per
 mi,ted to he taken from the office ef | the clerk of the court or judge. The | court may order oral testimony to be | taken down in shorthand. | Amends Section 3l76 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 l notice to the adverse party or his at | torney, require all dispositions taken
 out Of the county to be taken upon in- l terrogatories."
 | Writs of attachment may be issued | against the property of the defendant 1 who is a nonresident of the state, and who cannot he served in person with process in the action within the state | in the same manner as in actions ex-
 contractu. Process in suits may be 1 served on the Secretary of State. 9th | CT laws and parts of laws amended | Act in force from June l. 1915. l Approved March 20. 1915.