Sec[Section] 1. Be it enacted by the People of the state of Illinois represented in the General Assembly; That from and after the first monday in August next so much of an act entitled “An act relating to courts of Probate” approved January 2^nd 1829 as relates to the establishment of courts of Probate in the several counties of this state, be and the same is hereby repealed.

Sec 2. An election shall be held on the first monday in August next, also on the first monday in August in the year of our Lord 1839, and on the first monday in August in every fourth year thereafter for the purpose of electing one additional Justice of the peace for each county, to be styled, by way of eminence and distinction “the Probate Justice of the peace” of their respective counties. The said election shall in all respects be conducted and returns thereof made, in the manner provided, or to be provided by law in the case of the election of Justices of the peace. The said Justices of the peace, so to be elected under the provisions of this act, shall hold and keep their offices at the county seats of their respective counties; and shall take the same oaths, in the same manner and give like bond and security as are required of other Justices of the peace.

Sec 3. Said Probate Justices of the peace are hereby vested with the same powers and jurisdiction in civil causes confered by law upon other Justices of the peace; and in the exercise of Said power and jurisdiction all the rules of law which now is or hereafter shall be applicable to ordinary Justices of the peace shall be applicable to the Justices of the peace hereby created, and to all proceedings before them growing out of such power and jurisdiction and appeals may be taken or certioraris issued and prosecuted in the manner provided in cases of appeals from Justices of the peace

Sec 4. The said Justices of the peace hereby created shall also have jurisdiction of all cases of debt and assumpsit express or implied where executors or administrators shall be a party[,] plaintiff[,] or defendant, and when the amount on either side claimed to be due shall not exceed one hundred dollars.

Sec 5. In addition to the judicial power confered in the preceeding sections, the said probate justices of the Peace shall have[,] possess[,] and exercise within their respective counties the following ministerial powers to wit: 1^st power to administer all oaths or affirmations concerning any matter or thing before them.

2^nd To issue and grant letters of administration[,] letters testamentary, and letters of guardianship and repeal the same.

3^d To take probate of Wills and record the same:

4^th To determine the person or persons entitled to letters of administration, or to letters testamentary and in general to do and perform all things concerning the granting of letters testamentary or of administration or of guardianship which the Judge of Probate may do by the existing laws:

5^th To receive file and record inventories[,] appraisement bills, and sale bills as is required by the existing laws:

6^th To require executors, administrators[,] and guardians to exhibit and settle their accounts, and to settle for the estates and property in their hands, and for that purpose they may issue citations, and attachments into every county of this state to be executed by the sheriffs of the said counties, and

7^th To do and perform all other acts of a ministerial character which the Judges of probate are now authorized to perform in their respective counties.

Sec 6. If it should become necessary to use copies of the proceedings had before such Justices of the

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peace under the ministerial powers aforesaid or any of them in any other state or territory, the parties interested therein may procure a transcript thereof and on motion the same may be filed in the clerk’s office of the circuit court, and shall be considered a matter of record in said court; and copies thereof may be certified as other records of said court are, or may be.

Sec 7. The said Probate Justices of the peace are hereby vested with all the judicial powers heretofore exercised by the Judges of probate. But in all cases of the exercise of such judicial power the said Justices of the peace shall report their proceedings therein to the next term of the circuit court, of their respective counties on the first day thereof for approval or rejection of such circuit court; and if such proceedings shall be approved by the circuit court the same shall be considered as a matter of record in said court.

Sec 8. The said probate Justices of the peace when acting as ordinary Justices of the peace shall be entitled to the fees allowed by law to justices of the peace for similar services. And when acting under the powers heretofore exercised ^by^ Judges of probate, they shall be allowed such fees as were allowed to Judges of Probate.

Sec 9. So soon as the said probate justices of the peace shall be commissioned and qualified it shall be the duty of the Judges

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shall be commissioned and qualified, it shall be the duty of the Judges of probate to deliver over all the books, papers[,] and documents of every description whatever belonging to their offices, to the probate justices of the peace to be elected for their respective counties.

Sec 10. An appeal shall be allowed from the proceedings of such probate justices of the peace in the exercise of their ministerial power aforesaid in the same manner that appeals were taken and prosecuted from the proceedings of Judges of Probate.