The Spectator., 1915-07-02
ACT NO. 200. Regulating the Pleading and Practice in the Circuit and Chancery Courts of Arkansas.
ACT NO. 200.

l when the summons Is directed within
 the State. and thirty days when it is l directed outside the State." Amends Section 603S of Kirbys Df- l gest to Head as follows: "'The sum- | mon. 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 simmons 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. | 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. hav- ing no agent in the State: or. 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 i; or.
 Where either of the last two mem 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 soss of Kirby's Di- gest to read as follows: "A defend ant against whom warning order has been made and published shall upon the comnletion of the publication 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 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- tourned 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;
 Inlru. m case or 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 nd Item" Amends Section 6112 of Kirbv's Di- gest to read as follows: 'If the an- swer contains a 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 l n a ad hafnra Q nfrat Of ha ia five days"
 Amends Section s1SS of Kirby's Di- gest to read as follows: "JudCment 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 CHI and 6112; pro- vided. that the court may for good cause allow further time for filing a defense"
 Amends Section s1so 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 tourned session after process has been served, upon the defendants for the time allowed by Section GIL"
 Amends Section 6193 of Kirby's Di- gest to read follows:
 Where interrogatories have been annexed to a pleading in an action by equita ble proceedings. tho party inter- rogated shall not be entitled to demand trial unless he has answered the i'm terrogatories. either within twenty days after they were filed or twenty days before his said demand for Q trial"
 Amends Section e1s4 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 first day that the court meets in regu- lar or adjourned session after twenty days after service of summons on all al dn nV.g lAA 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 esS6 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 master appointed by the court. The court may fix the time within which deposi- ions may be taken. No original plead ing. motion or deposition shall be per- mi,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 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 notice to the adverse party or his att 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- contractu. Process in suits may be served on the Secretary of State. 9th CT laws and parts of laws amended. Act in force from June 1. 1915.
 Approved March 30, 1915.