An Act to provide for the reorganization of Probate Courts.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. That from and after the passage of this act, that the act to provide for the election of Probate Justices of the Peace, Approved March 4^th 1837. be and the same is hereby repealed.

Sec. 2. The General Assembly shall at its present session lay out into Probate Districts the State, having regard to the population and business of the several counties.

Sec. 3. The Judges of Probate shall be elected at the present session of the Legislature, and shall continue to hold theire offices during good behaveiour. And as vacancies may occur shall be filled in the manner provided by the constitution.

Sec. 4. Every Judge of Probate shall hold a Probate Court in his District at the times and places established by law.

Sec. 5. He may adjourn his Court as occasion may require, and when he shall be absent at the time appointed for holding a Court, the Register shall adjourn it as he shall think necessary, or as shall be ordered by the Judge.

Sec. 6. All orders of Notice or other official acts which are passed as matters of course, and which do not require a previous notice to an adverse party, may be made and done in vacation, as well as at a stated Court.

Sec. 7. The Judge of Probate for each District shall have power to take the Probate of Wills, and to grant letters of Administration of the Estate of all deceased persons, whereever, at the time of theire decease,

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inhabitants of or residents in the same District, and of all who shall die without the State, leaving any estate to be administered within said District; and also to appoint guardians to minors and others in the cases prescribed by law.

Sec. 8. All his decrees and orders shall be made in writing, and the Register of Probate shall record, in books to be kept for that purpose, all such decrees and orders, and also all Wills proven in Court, with the probate thereof, all letters testamentary and of administration, all warrants, returns, reports, accounts, and bonds, and all such other acts and proceedings, as he shall by the rules of the Court, or by any special order of the Judge, be required to record.

Sec. 9. The several Judges of Probate shall, from time to time, make rules for regulating the practice and conducting the buisness in theire respective Courts, in all cases not expressly provided for by law; and shall within one year after this act shall take effect, return a statement of theire rules and course of proceedings to the Supreme Court, and shall make a like return of all theire rules thereafter made as soon as conveniently may be, after makeing the same; and the Supreme Court shall have power to alter and amend all such rules, and to make other and further rules, from time to time, for regulating the proceedings in all Probate Courts.

Sec. 10. The Judge of Probate for each District shall make and issue all warrants and process, that may be necessary to carry into effect the powers granted to him: and when no form for any such warrant or prosess is prescribed by law or by the rules of the Court, he shall frame one in conformity with the principles of law, and the usual course of proceedings in this State.

Sec. 11 .He shall have power to keep order in his Court, and to punish any contempt of his authority, in like manner as such contempt might be punished in the highest Court of the State.

Sec. 12. All Sheriffs, Deputy Sheriffs, Corroners and Constables shall serve and execute all legal warrants and process to them directed by the Judge of Probate.

Sec. 13. When the goods and chattels of any deceased person, in the hands of any executor or administrator, shall be insufficient to pay all his debts, with the charges of administration, his executor or administrator may sell his real estate:—for the purpose upon obtaining a lisence therefor, and proceeding in the manner hereinafter provided.

Sec. 14. Such lisence may be granted by the Court of Probate in which the letters testamentary or of administration were granted.

Sec. 15. In order to obtain such lisence, the executor or administrator shall present to the Court a petition setting forth the amount of debts due from the deceased, as nearly as they can be ascertained, and the amount of charges of administration and the value of the personal estate: and if it shall be necessary to sell only a part of the real estate; he may set it forth the value, description and condition of the estate or of such part thereof as he shall propose to sell; and the Court may, in all cases, when it is not necessary to sell the whole, decide and direct what specific part of the estate shall be sold.

Sec. 16. No such liscene shall be granted, untill notice of the petition, and of the time and place appointed for hearing the same, shall have been given to all persons interested in the estate, that they may

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appear and show cause why the same should not be granted: Such notice to be served on them personally, fourteen days at least before the time appointed for hearing the petition, or to be published three weeks successively in such newspaper as the Court shall order; provided, that if all the parties interested signify in writeing theire assent to the sale, the notice may be dispensed with.

Sec. 17. If the facts set forth in the petition shall be proven to the satisfaction of the Court, and if no sufficient cause be shown to the contrary, the Court shall grant the liscence, and executors and administrators shall be thereupon authorized to execute, in due power of law, conveyances of such estate as he shall sell, which conveyances shall be effectual to pass to the purchasers all the estate, right and title in the granted premises—which the testate or intestate has therein, at the time of his decease, or which was in every way chargeable with the payment of his debts.

Sec. 18. The administrator or executor shall give notice of the time and place of such sale, by causing notifications to be posted up fifteen days at least before the sale, in three public places in the County where the deceased last dwelt: or the Court which liscences the sale, may order notice to be published three weeks successively in any newspaper, instead of the posting up said notifications, and the executor or administrator shall publish the same accordingly.

Sec. 19. When a Judge of Probate shall be interested in any case within his jurisdiction, the case shall be transfered to the Probate Court of some adjoining District, and shall be there disposed of and settled, in the same manner as if it had originally occurred in the latter District.

Sec. 20.The County Commissioners Clerk shall be ex officio, Register of the Court of Probate, and no Probate Court shall be held, either by adjournment or otherwise, unless such Register, or a temporary

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Register shall be present.

Sec. 21. Every Register of Probate, before entering upon his office, shall make oath that he will faithfully discharge the duties thereof, and that he will not during his continuance in office, be interested in or benefited by any fee or reward from parties in any suit or matter pending in the Court—of which he is Register, and such oath being subscribed by such Register, shall be filed in the Probate Office; and shall give bond to the People of the State of Illinois in a sum not less than two hundred, Dollars and not exceeding one thousand Dollars, as shall be ordered by the Judge, with one or more sufficient sureties, with condition for the faithful discharge of the duties of his office.

Sec. 22. He shall also have the care and custody of the seal, and all books, documents and papers, appertaining to the Probate Office, and filed or deposited therein, and shall carefully preserve the same, to be delivered to his successor.

Sec. 23. In case of the death or absence of the Register, the Judge of Probate shall appoint a suitable person to officiate as Register, untill the standing Register shall be able to perform his duty, or untill another be elected in his stead. Said Register pro tem, shall take the oaths administered to the standing Register and be entitled to like compensation.

Sec. 24. No Judge of Probate shall be retained or employed as counsel or attorney, either in or out of Court, in any suit or matter whatever, which may depend on, or in any way relate to, any sentence or decree, made or passed by him: nor shall he be of counsel or attorney, for or against any executor, administrator or guardian, appointed within his jurisdiction, in any suit brought by or against the executor, administrator or guardian, as such nor in any suit, relating to the official conduct or duty of such party; and every Judge of Probate shall before entering

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upon his office, make oath that he will faithfully discharge the duties thereof, and that he will not directly or indirectly, aid or assist parties for fee or reward in any suit or matter pending in the court of which he is Judge: and ^ [?] ^ such oath, being subscribed by such Judge, shall be filed in the Probate Office.

Sec. 25. The Supreme Court shall have appellate jurisdiction of all matters determinable by the respective Judges of Probate.

Sec. 26. Any person, aggrieved by any order, sentence or decree of a Judge of Probate, may appeal therefrom to the Supreme Court, within thirty days from the date of the proceeding appealed from.

Sec. 27.Such appeal shall be claimed, and notice thereof given to the Court, before an adjournment takes place.

Sec. 28 The appellant shall file his reasons of appeal with the Court, and cause an attested copy thereof to be served on the adverse party, fourteen days at least before the time when the appeal is to be entered.

Sec. 29. After an appeal is claimed, and notice thereof given to the Probate Court, all further proceedings in pursuance of the order, sentence or decree appealed from, shall cease, untill the determination of the Supreme Court shall be had thereon.

Sec. 30. The Supreme Court may reverse or affirm, in whole or in part, the sentence or act appealed from, and may pass such decree thereon, as the Judge of Probate ought to have passed, and may remit the case to the Probate Court for further proceedings, or may take any order therein, as law and justice shall require.

Sec. 31. In all cases that are contested, when before the Judge of Probate

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or in the Supreme Court, the said Courts respectively may, in theire discretion, award costs to either party or both par[ties] to be paid out of the estate which is the subject of controversy, as justice and equity shall require.

Sec. 32. When costs are awarded to one party, to be paid by the other, the said Courts respectively, may issue execution therefor [?] in like manner as is practised in the courts of common law.

Sec. 33. Each county shall provide all books necessary for keeping the Records, ^and other stationary ^ in the Registry of Probate and all printed blanks used in Probate proceedings; but all the incidental expenses of the office, shall be paid by the Register.

Sec. 34. In addition to the powers already granted to Judges of Probate they shall have power to admister all oaths, take the acknowledgement of Deeds and other papers, solemnize the rites of marriage, and be conservators of the public peace. They shall also have power to grant writs of ne exeat republica writs of Habeas corpus and certiorarri .

Sec. 35. No person shall be eligeble to the office of Judge of Probate who has not passed through a regular course of law reading and obtained a liscence to practice as a counsellor at law in the Supreme Court.

Sec. 36. The Judge and Register of Probate shall be paid for theire services by fees, which shall be equally divided between them.

Sec. 37.

Sec. 38. All applications for letters of administration shall be made in writing: and where the amount of property exceeds the sum of one hundred and fifty Dollars an ord^er^ shall be made by the Judge of Probate for the publication of said application and the order thereon three weeks successively in every newspaper published in this State, for all parties ^interested^ to appear at the next term of the Court and show cause why letters of administration should not be granted to the said applicant.