HB2708 95TH GENERAL ASSEMBLY

LRB095 00836 AJO 20838 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2708

Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey

SYNOPSIS AS INTRODUCED:

735 ILCS 5/16-101

from Ch. 110, par. 16-101

Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the availability of relief by ne exeat republica.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 16-101 as follows:

(735 ILCS 5/16-101) (from Ch. 110, par. 16-101)

Sec. 16-101. Availability of remedy. Relief by ne exeat republica may be granted, in cases where the the debt or claim is not actually due, but exists fairly and bona fide in expectancy at the time of making application, and in cases where the claim is due; and it is not necessary, to authorize the granting of such relief by ne exeat, that the applicant show that his or her debt or claim is purely of an equitable character.

(Source: P.A. 82-280.)