(740 ILCS 40/4) (from Ch. 100 1/2, par. 17)
Sec. 4.
The defendant shall be held to answer the allegations of the
complaint as in other civil proceedings. At all hearings upon the merits,
evidence of the general reputation of such place, of the inmates thereof,
and of those resorting thereto, shall be admissible for the purpose of
proving the existence of such nuisance. If the complaint is filed upon the
relation of a citizen, the proceeding shall not be dismissed for want of
prosecution, nor upon motion of such relator, unless there is filed with
such motion a sworn statement made by such relator and his attorney,
setting forth the reasons therefor, and unless such dismissal is approved
by the State's Attorney in writing or in open court. If the court is of the
opinion that such proceeding ought not to be dismissed, the court may
overrule such motion and may enter an order directing the State's Attorney
to prosecute such cause to final determination. The cause shall be heard
immediately upon issue being joined, and if the hearing is continued the
court may permit any citizen of the county consenting thereto to be
substituted for the original relator. If any such complaint is filed upon
the relation of a citizen, and the court find that there was no reasonable
ground or cause for filing the same, the costs may be taxed against such
relator.
(Source: Laws 1965, p. 3637.)
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