-Must be based on a good record, on appeal, 213-330. -Jury need not fix, if subject to indeterminate law, 209-50. "For robbery, etc."-is for robbery, 208-460.

-Judge cannot indefinitely suspend sentence, 202-287; 257443; 84-216.

-What delay loses jurisdiction to sentence, 202-287.

-Age at commitment controls place of punishment, 195-550.
-Can be based only on a court trial and sentence, 195-582.
To penitentiary must be on indictment, 195-507.
-Not same as "punishment," 194-325; 257-564.
-Asking prisoner if he has anything to say, 117-422.

445. Fines Fixed by Jury. When a fine is also to be inflicted, the jury shall fix the amount of the fine. When either fine or imprisonment in the penitentiary may be inflicted, the jury shall determine which, and the time of confinement or the amount of the fine.

446. Penalties to be Fixed by the Court. When the punishment may be either by imprisonment in the penitentiary, or by confinement in the county jail, with or without fine, if the jury will not inflict the punishment of imprisonment in the penitentiary, they shall simply find the accused guilty, and the court shall fix the time of confinement in the jail, or fine, or both, as the case may require.

-Must be based on court trial and sentence, 195-582. -Asking the accused "if he has anything to say," 219-399. -Sentence is not same as punishment, 194-325; 257-564. -Suspending sentence, 84-216.

447. In Other Cases, by the Court. When the accused. pleads guilty, and in all other cases not otherwise provided for, the court shall fix the time of confinement, or the amount of the fine or both, as the case may require. [See § 142, 146.] -On plea of guilty, 1 Scam 172; 72-303; 155-61.

448. Workhouse. Any person convicted, in a court of this state having jurisdiction, of any crime or misdemeanor, the punishment of which is confinement in the county jail, may be sentenced by the court in which such conviction is had, to labor for the benefit of the county, during the term of such imprisonment, in the workhouse, house of correction, or other place provided for that purpose by the county or city authorities. Nothing contained in this act shall be construed to prevent the imprisonment of any conviet in the reform school at Pontiac, as provided by law. (See Reformatory, Part II.)

449. Punishment of Offenders under Eighteen. Persons under the age of eighteen years shall not be punished by imprisonment in the penitentiary for any offense except murder,

manslaughter, rape, robbery, burglary or arson; in all other cases where a penitentiary punishment is or shall be provided, such person under the age of eighteen years and over the age of sixteen years shall be punished by confinement in the county jail for a term not exceeding eighteen months, at the discretion of the court.

-Age at commitment controls place of confinement, 81-565; 195-550; but see 24-340.

450. Convicts Under Control of County Board. Nothing contained in this act shall prevent the county board taking such control of convicts committed to the county jail, and their transfer to workhouses, houses of correction or other places of employment, as is provided by law: Provided, that no such transfer shall be made of any convict without the order of the court in which he was convicted, if in session, or of the judge thereof in vacation, and in all cases a report of such transfer shall be made to the court, as soon as may be after the transfer, and entered of record. [See "Houses of Correction," Hurd Ch. 67, § 8.]

451. Judgment for Costs. When any person is convicted of an offense under any statute, or at common law, the court shall give judgment that the offender pay the costs of the prosecution.

-When liable for costs-3 Gil. 338; 5 Gil. 214; 20-315; 122649.

-When not liable, 13-606; 32-446.

452. Commitment to Enforce Payment of Costs and Fines. When fine is inflicted, the court may order, as a part of the judgment, that the offender be committed to jail, there to remain until the fine and costs are fully paid or he is discharged according to law.

-Section held valid, 122-649.

-For failing to pay alimony, 184-375.

-In contempt proceedings, 184-471. (See Hurd sec. 128 ch. 110.)

-For selling intoxicants, 14-101.

453. Judgment a Lien on Property, Real and Personal. The property, real and personal, of every person who shall be convicted of any offense, shall be bound, and a lien is hereby created on the property, both real and personal, of every such offender, not exempt from execution or attachment, from the time of finding the indictment, at least so far as will be sufficient to pay the fine and costs of prosecution. The clerk of the court in which the conviction is had shall, at the end of the term, issue an execution for every fine that shall have been

imposed during the term, and remains unpaid, and all costs of conviction remaining unpaid; in which execution shall be stated the day on which the arrest was made, or indictment found, as the case may be. The execution may be directed to the proper officer of any county in this state. The officer to whom such execution is delivered shall levy the same upon all the estate, real and personal, of the defendant (not exempt from execution), possessed by him on the day of the arrest or finding the indictment, as stated in the execution, and any such property subsequently acquired; and the property so levied upon shall be advertised and sold in the same manner as in civil cases, with the like rights to all parties that may be interested therein. It shall be no objection to the selling of any property under such execution, that the body of the defendant is in custody for the fine or costs, or both.

-When lien on real estate, 17-231.

454. Acknowledgment of Judgment. If the person convicted, together with one or more sufficient sureties, will acknowledge a judgment in favor of the People of the State of Illinois, for the amount of the fine and costs, or the costs only, when no fine is imposed, the court shall cause the same to be entered in full satisfaction of the fine and costs, or costs only, with a direction that if the judgment is not paid within five months from the time of entering the same, execution shall be issued thereon; and the defendant shall, upon the entering of such judgment, be discharged from imprisonment on account of such fine or costs, but he shall not thereby be discharged from any imprisonment which is made a part of his punishment, not dependent upon the payment of the fine or costs. Such judgment shall be a lien upon all the real estate of the persons acknowledging the same, from the date of its entry. If the judgment so entered is not paid within five months from the entry, it may be enforced by execution, in the same manner as other judgments at law. Such judgment may be acknowledged in vacation before the clerk of the court, and he may, in such case, approve the surety; and a judgment so acknowledged shall have the same force and effect from the date of the entry as if entered in term time in open court.

455. Discharge of Pauper. Whenever it shall be made satisfactorily to appear to the court, after all legal means have been exhausted, that any person who is confined in jail for any fine or costs of prosecution, for any criminal offense, hath no estate wherewith to pay such fine and costs, or costs only, it shall be the duty of the said court to discharge such person from further imprisonment for such fine and costs, which dis

charge shall operate as a complete release of such fine and costs. Provided, that nothing herein shall authorize any person to be discharged from imprisonment before the expiration of the time for which he may be sentenced to be imprisoned, as part of his punishment.

-Who discharged under this section, 31-96.

456. Convict Conveyed to Penitentiary. When a convict shall be sentenced to imprisonment in the penitentiary, the clerk of the court shall forthwith deliver a certified copy of the judgment to the sheriff or other proper officer of the county, who shall without delay convey the convict to the penitentiary of the state, and deliver him to the warden thereof. -Sentence to penitentiary must be on the indictment, 195

507.

--Certified copy of judgment sufficient authority, 188-144. -Conveying to penitentiary, 47-468; 275-491 (495). 457. Powers of Sheriff While Conveying Convict, etc. The sheriff, while conveying the conviet to the penitentiary, shall have the same power to require the aid of any citizen of this state in securing such convict, or retaking him if he shall escape, as he would have in his own county, and any person who shall refuse or neglect to assist such sheriff when required, shall be liable to the same penalty as in any other case of neglect or refusal to join a posse comitatus when lawfully required.

SENTENCE, COMMITTMENT, PAROLE.

(Act of 1917.)

§ 1. Treason, murder, rape, § 9. Supervision

kidnapping. (1919.)

and dis

charge paroled per

82. Indeterminate-when.

sons.

83. Discretion in felony.

§ 4. Discretion in jail sentence.

§ 11.

Transfers to peniten

tiary.

Transfer from penitentiary.

Transfer-not against parole.

(1919.)

cloth- § 15.

87. § 7a. Rules for parole. § 14.

§ 8. Transportation,

ing, etc.

Section 1. Be it enacted by the People of the State of Illi

State's Attorney-duties of.

Act 1899 repealed.

nois, represented in the General Assembly: That in all cases where any person, male or female, over ten years of age, shall be charged with either of the offenses of misprision of treason, murder, rape, or kidnaping, and the case shall be tried by a jury and the jury shall find the defendant guilty, the jury shall also by its verdict fix the punishment, and if the punishment imposed is imprisonment, the jury shall fix the term of such imprisonment; if the case is tried by the court, without a jury on a plea of guilty, and the court shall impose imprisonment as the punishment, the court shall fix a definite term of imprisonment, and the court in each case, shall fix the place of confinement. In every such case of imprisonment, the court shall sentence the defendant to the penitentiary, except as is provided in clauses one to four, inclusive, in section three of this Act, and in such cases the court may, in its discretion. commit as in those clauses provided. Every person so sentenced shall be held in the respective institution, reformatory or penitentiary for and during the definite term in said sen tence named, subject to transfer, subject to parole and subject to be earlier discharged, as in this Act provided, by the Department of Public Welfare, and it shall be deemed and taken as a part of every such sentence that all of the provisions for transfer, parole and discharge in this Act contained shall be a part of said sentence as fully as though written in it.

Every person sentenced and committed under this section "one" shall, in the discretion of the Department of Public Welfare, be eligible to parole under rules and regulations adopted therefor by the Department of Public Welfare, such paroles to be as follows: Persons sentenced for life may be eligible to parole at the end of twenty years; persons not sen tenced for life but sentenced for a definite term of years shall not be eligible to parol until he or she shall have served the minimum sentence provided by law for the crime of which . he or she was convicted, good time being allowed as provided by law; nor until he or she shall have served at least one-third of the time fixed in said definite sentence. It is expressly provided that the definite sentence provided for in this section "one" shall be applicable only to the crimes enumerated in this section "one" and definite sentences shall not be applicable to any other crime or offense enumerated in this Act; and further, that indeterminate or general sentences shall apply to all other crimes and offenses enumerated in this Act, but not to the crimes and offenses enumerated in section "one".