(735 ILCS 5/16-104) (from Ch. 110, par. 16-104)
Sec. 16-104.
Complaint or petition - Bond.
No relief by ne exeat shall
be granted but upon complaint or
petition filed, and affidavit to the truth of the allegation therein
contained. Upon the granting of such relief the court shall
enter an order stating in what
penalty bond and security shall be required of the defendant or respondent.
The court shall also require the plaintiff or petitioner, before a certified
copy of the ne exeat order is issued by the clerk, bond with good and sufficient
surety, in such sum as
the court shall deem proper, conditioned that the
plaintiff or petitioner will prosecute the complaint or petition with effect,
and will reimburse to the defendant or respondent such damages and costs as shall be
wrongfully sustained by occasion of the granting of the relief by ne exeat.
If any defendant or respondent to any such relief by ne exeat is
damaged, he or she may bring an action on such bond; and, if, on trial,
it is determined by the court that
such relief by ne exeat was applied for without just cause,
the person affected shall recover damages, to be assessed as in other
cases on penal bonds.
(Source: P.A. 82-280.)
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