(735 ILCS 5/2-210) (from Ch. 110, par. 2-210)
Sec. 2-210.
Aircraft and Watercraft.
(a) For the purposes of this Section:
"aircraft" means any contrivance now known, or hereafter invented,
used or designed for flight in the air;
"watercraft" means any boat, vessel, craft or floating thing designed
for navigation in the water; and
"waters of this State" means the Illinois portion of all boundary
lakes and rivers, and all lakes, rivers, streams, ponds and canals
within the State of Illinois.
(b) The use and operation by any person of an aircraft on the
land of or in the air over this State or the use and operation by any
person of a watercraft in the waters of this State, shall be deemed an
appointment by such person of the Secretary of State, to be his or her true and
lawful attorney upon whom may be served all legal process in any action
or proceeding against him or her, growing out of such use or resulting in
damage or loss to person or property, and such use or operation shall be
signification of his or her agreement that any such process against him or her which
is so served, shall be of the same legal force and validity as though
served upon him or her personally if such person is a nonresident of this State
or at the time a cause of action arises is a resident of this State but
subsequently becomes a nonresident of this State. Service of such
process shall be made by serving a copy upon the Secretary of State, or
by filing such copy in his or her office, together with a fee of $2.00, and
such service shall be sufficient service upon such person; if notice of
such service and a copy of the process are, within 10 days thereafter,
sent by registered mail by the plaintiff to the defendant, at the last
known address of the defendant, and the plaintiff's affidavit of
compliance herewith is appended to the summons. The court in which the
action is pending may order such continuances as may be necessary to
afford the defendant reasonable opportunity to defend the action. The
fee of $2.00 paid by the plaintiff to the Secretary of State at the time
of the service shall be taxed in his or her costs, if he or she prevails in the action.
The Secretary of State shall keep a record of all such processes, which
shall show the day and hours of such services.
(c) When a final judgment is entered against any non-resident
defendant who has not received notice of service and a copy of
the process by registered mail, required to be sent to him or her as above
provided, and such person, his or her heirs, legatees,
executor, administrator
or other legal representatives, as the case may require, shall within
one year after the written notice is given to
him or her of such judgment, or
within 5 years after such judgment, if no such notice has been given,
as above stated, appear and petition the court to be
heard regarding such judgment, and shall pay such costs as the court may deem
reasonable in that behalf, the person so petitioning may appear and
answer the plaintiff's allegations, and thereupon such proceeding shall
be had as if the defendant had appeared in due time and no judgment
had been entered. If it appears upon the hearing that
the judgment
ought not to have been entered against the
defendant, the judgment may be set
aside, altered or amended as shall appear just; otherwise, it shall be
ordered that the judgment stands confirmed against such defendant.
The judgment shall
after 5 years from the entry thereof, if not set aside in the manner
stated above, be deemed and adjudged confirmed against such defendant, and
all persons claiming under him or her by virtue of any act done subsequent to
the commencement of such action, and at the end of the 5 years,
the court may enter such further orders as shall be
required for the enforcement of the judgment.
(Source: P.A. 84-549.)
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