An act to establish the court of Probate
1Sect.[Section] 1st Be it enacted by the people of the state of Illinois represented in the General Assembly. That the “act entitled “an act to provide for the Election of Probate justices of the peace” approved 4th day of March 1837 and all acts supplemental thereto2, be and the same are hereby repealed
sect, [2] That an act entitled “an act relating to courts of Probate” approved January 2nd 18293 be and the same is hereby revived and declared in full force and effect;
sect. 3rd The Probate Justices of the peace in the respective counties of this state shall deliver over, upon demand made by the Judges of Probate herafter elected under the provisions of the act, hereby revived4, in their respective Counties all the books[,] papers[,] and documents belonging to their offices as Probate Justices of the peace, which
shall be and are hereby declared to be and form a part of the records of the court
of Probate; saving however, all the rights of the parties & [prives?] thereto, in all respects as fully as if this act, had not passed
sect. 4th The Probate Justices of the peace now elected and in office in this state shall be and remain, Justices of the peace for and during the term for which they
shall have been elected and shall possess all the Jurisdiction of Justices of the
peace both civil and criminal
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A Bill for, “An act to establish the Court of Probate[”]
1John Dougherty introduced HB 63 in the House of Representatives on December 29, 1840. The House referred the bill to the Committee on the Judiciary.
The Committee on the Judiciary reported back the bill on January 2, 1841, with an
amendment as a substitute, and the House tabled the bill and proposed substitute.
Illinois House Journal. 1840. 12th G. A., 161, 176.
2In July 1837, the General Assembly amended the act in question with another act. In January 1840, the House of Representatives did not consider a bill further amending the act.
Handwritten Document, 2 page(s), Folder 37, HB 63, GA Session: 12-2,
Illinois State Archives (Springfield, IL) ,