Sharp County record., 1915-06-18
ACT NO. 200.
Regulating the Pleading and Practice
in the Circuit and Chancery
Courts Of Arkansas.

Amends section bU6o OF hlrDy III
| 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 certified
copy and summons with the affldavit
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 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
| 1t is his information and belief that
! the defendant is:
| First 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 so that
| summons can not be served upon him;
| or,
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 Section 6O5S OF Klrby's Dl-
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 Klrby'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 summons 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 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 Gt12 OF Kirby's Di-
gest Co read as follows "If the an
swer contains counter-claim or set
OFF, n reply shall be filed within Ave
| davS, or In cases at law, upon the
calling OF the case for trial, II Il be
called before the expiration OF the said
Ave days"
Amends Section GfSS 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 whore the de-
fonse has not been filed within tho time
allowed by Sections Gill and 6112; pro-
vidod, that the court may for good
cause allow further time for nling q
defense"
Amends Section G100 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 beon
served upon the defendants for the
time allowed by Section Gill"
Amends Section G103 OF Kirby's Di-
gest to read as follows:
where interrogntorles have been
annexed to pleading In an notion by
| equitable proceedings the party inter
| rogated shall not be entitled to demand
n trial unless he has answered tho In
terrogatorics, either within twenty
days after they were llcd or twenty
doys before his said demand for n
| trial"
Amends Section Ciol of Kirby's DI-
| gost 10 read na follows, "The plaintiff
| shall be entitled TO n trial In all ac-
tiona by equitable proceedings on tho
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 Seo-
tion Gill as herein amended, where no
| Issue OF facts is made by the plead
| lngs, or whore the plaintiff consents
| that the statements OF the answer may
| bo taken ag true"
Amends Section 033G OF Klrby'a Di-
gest 10 read na followgi Exceptions
TO the report OF n master shall be In
| writing and shall be filed within three
days after the nling OF said report II
the term IL long continued, and II not
| before the end OF the term II shall be
disposed OF us oxpodltlously M possI-
| blo"
The report OF master appointed by
consent shall be no more conclusive
on the court than that OF n master
appointed by the court. Tho court
may nX the time within which deposit
| tions may be taken, No original Plead
Ing, motion or deposition shall be por-
mttod 10 be taken from the oiilcc "
the elork of the court or judge, The
court may order oral testimony TO be
taken down In shorthand
| Amends Section SIG Of kirby'a Di.
| geat TO read MS followa "lgither party
to an action or proceeding may nt any
time during the progroAa thereof, By
notice 10 the adverse party or his at
| t0rney require all depoaitlona taken
out OF the county TO be taken upon inz
| terr0gat0flea"
WritB OF attachment may be Issued
against the property of the defendant
| who lH nonresident OF the state, and
who cannot be- served in person with
| process In the action within the state,
| IN tho snmo manner ~ In actions cX.
contrnctu, Process In Hutn may be
served on the Secretary OF State, 9th
| or laws and parts OF laWa amended,
Act In force from June 1, 1915,
Approved March 30, 1915
Il -