445. FINES FIXED BY JURY.] § 7. 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.] § 8. 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.

447. IN OTHER CASES, BY THE COURT.] 89. 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.

448. WORKHOUSE.] § 10. 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 bad, 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 convict in the reform school at Pontiac, as provided by law. [L. 1869, p. 103, § 1.

449. PUNISHMENT OF OFFENDERS UNDER EIGHTEEN.] § 11. 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. [R. S. 1845, p. 182, § 168.

450. CONVICTS UNDER CONTROL OF COUNTY BOARD.] § 12. 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," ch. 67, §. 8.

451. JUDGMENT FOR COSTS.] § 13. 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. [R. S. 1845, p. 186, § 191.

452. COMMITMENT TO ENFORCE PAYMENT OF COSTS AND FINES.] § 14. When a 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. [R. S. 1845, p. 182, § 173.

453. JUDGMENT A LIEN ON PROPERTY, REAL AND PERSONAL.] § 15. 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 convic tion is had shall, at the end of the term, issue an execution for every fine that shall have been imposed during the terin, 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 estite, 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 execu tion, 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 defendaut is in custody for the fine or costs, or both. [R. S. 1845, p. 186, § 192.

454. ACKNOWLEDGMENT OF JUDGMENT.] § 16. 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. [R. S. 1845, p. 187, § 193.

455. DISCHARGE OF PAUPER.] § 17. 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 impris onment for such fine and costs, which discharge 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. [R. S. 1845, p. 187, § 195.

456. CONVICT CONVEYED TO PENITENTIARY.] § 18. 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.

457. POWERS OF SHERIFF WHILE CONVEYING CONVICT, ETC.] § 19. The sheriff, while conveying the convict 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.

DIVISION XV.

WRITS OF ERROR-NEW TRIAL.

458. WRITS OF ERROR IN CAPITAL CASES.] § 1. In auy prosecution by indictment for a capital offense, when the sentence is death, the party aggrieved by manifest and material error, appearing of record, may be relieved by writ of error, in the following manner, to wit:

1. He shall obtain a certified copy of the record from the clerk, and a certificate from the judge who tried the cause, or from the prosecuting officer on the trial, that he is of opinion that such record contains a full and true history of the proceedings on the trial.

2. He shall present such transcript and certificate, with an assignment of the errors relied upon, to the supreme court if in session, or to one of the judges thereof in vacation.

3. If, after inspecting such transcript, the court or judge is of opinion that there is reasonable cause for allowing a writ of error, and shall also be of the opinion that there is a reasonable doubt as to the guilt of the defendant, it shall be granted by indorsement on the back of such transcript, with a direction that the same shall be a supersedeas.

4. Upon the filing of such transcript and order the clerk of the supreme court shall issue a supersedeas to stay the execution of the sentence of death until the further order of the court, but the prisoner shall not be discharged from jail. [R. S. 1845, p. 188, § 198.

459. WHEN AFFIRMED-SENTENCE.] § 2. If the judgment is affirmed, the supreme court shall, by order, fix the time when the original sentence of death shall be executed, a copy of which order shall be sufficient authority to the sheriff for the execution of the prisoner at the time therein specified. [R. S. 1845, p. 188, § 198.

460. WRITS OF ERROR IN OTHER CASES.] § 3. Writs of error in all criminal cases, where sentence is not death, shall be considered as writs of right, and issued of course. [§ 3-9, see R. S. 1845, p. 188, § 199.

461. SUPERSEDEAS IN OTHER CASES.] § 4. When a supersedeas is desired, a transcript of the record, with a certificate and assignment of errors, must be presented to the supreme court, if in session, or to one of the judges thereof in vacation, in like manner as in cases where the sentence is death.

462. ISSUED HOW.] § 5. If, after inspecting the transcript, the court or judge is of opinion that there is reasonable cause for allowing a writ of error, and shall also be of the opinion that there is a reasonable doubt as to the guilt of the defendant, it shall be granted, by indorsement on the back of the transcript, with a direction that the same be made a supersedeas, and supersedeas shall issue in like manner and with like effect as in cases where the sentence is death. 463. LETTING TO BAIL.] § 6. When the court or judge is of opinion that the party obtaining such writ of error ought to be bailed until the determination of the writ, and he is at the time in custody, the said court or judge may make an order to admit such prisoner to bail, upon his entering into a recognizance to the People of the State of Illinois, in such sum, and with such security, as said court or judge shall prescribe, conditioned that the prisoner will appear at the next term of the court in which his trial took place, and at each subsequent term of said court, on the first days thereof, until the determination of such writ of error, and will not at any of the terms of said court depart the court without leave, and that in case the judgment is affirmed he will surrender himself to the sheriff, or warden, or other officer from whose custody he is bailed.

464. RECOGNIZANCE TAKEN BY SHERIFF OR WARDEN-HOW RETURNABLE.] § 7, If the prisoner is in custody of the sheriff, he shall take the recognizance; if in custody of the warden of the penitentiary, he shall take the recognizance. In either case the recognizance shall be returned to the next term of the court in which the prisoner was sentenced, and there entered of record, and such proceedings may be had thereon, in case of breach of the conditions thereof, as in other cases of recognizance.

465. JUDGMENT AFFIRMED-PROCEEDINGS THEREON.] § 8. If the judg ment is affirmed, the supreme court shall direct the court in which the original sentence was rendered to carry the same into effect, and shall give judgment against the plaintiff in error for costs, and execution may issue therefor, from the supreme court.

466. SURRENDER OF THE PRISONER BY SURETIES ON JUDGMENT AFFIRMED.] 89. When judgment is affirmed, if the prisoner was bailed from the custody of the sheriff, he shall be surrendered to the sheriff, who shall proceed to execute the judgment of the court; or if bailed from the custody of the warden, he shall be sur

rendered to such warden, to be dealt with according to the judgment of the court, and the warden receiving him shall immediately certify to the clerk of the court to which the recognizance is returned the fact of such surrender, which certificate shall be sufficient evidence of the compliance of the condition of the bond.

467. TIME OF SERVICE.] § 10. When a prisoner has been committed to the penitentiary in pursuance of a sentence of imprisonment therein, or has been committed to the county jail pursuant to a sentence of confinement therein, and the judgment is affirmed, the time of service under the sentence of such prisoner shall commence to run from the time of such commitment, notwithstanding a supersedeas may have been granted: Provided, if any such prisoner is admitted to bail after such commitment, the time during which he is out upon bail shall be excluded from the computation of his time of service. [L. 1869, p. 103, § 2.

468. RETURNING PRISONER FOR TRIAL.] § 11. In case of the reversal of any judgment upon which any person has been committed to the penitentiary, and the granting of a new trial by the supreme court, it shall be the duty of the warden of the penitentiary, upon receiving a certified copy of such judgment of the supreme court, to deliver the person so committed to the custody of the sheriff of the county where such new trial is to be had, and of such sheriff to take and reconvey such person to the jail of his county, and for such services the sheriff shall be allowed and paid like fees as in the case of commitments to the penitentiary. [L. 1869, p. 102, § 1.

1

AN ACT in regard to the descent of property. [Approved April 9, 1872. In force July 1, 1872. L. 1871-2, p. 352.||

1. RULES OF DESCENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That estates, both real and personal, of residents and non-resident proprietors in this state dying intestate, or whose estates or any part thereof shall be deemed and taken as intestate estate, after all just debts and claims against such estates are fully paid, shall descend to and be distributed in manner following, to wit:

First-To his or her children and their descendants, in equal parts; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal parts among them.

Second-When there is no child of the intestate, nor descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased, and their descendants, in equal parts among them, allowing to each of the parents, if living, a child's part, or to the survivor of them if one be dead, a double portion; and if there is no parent living, then to the brothers and sisters of the intestate, and their descendants.

Third-When there is a widow or surviving husband, and no child or children, or descendants of a child or children of the intestate, then (after the payment of all just debts) one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband as an absolute estate forever. Fourth-When there is a widow or a surviving husband, and also a child or children, or descendants of such child or children of the intestate, the widow or surviving husband shall receive, as his or her absolute personal estate, one-third of all the personal estate of the intestate.

Fifth-If there is no child of the intestate, or descendant of such child, and no parent, brother or sister, or descendant of such parent, brother or sister, and no widow or surviving husband, then such estate shall descend in equal parts to the next of kin to the intestate, in equal degree, (computing by the rules of the civil law,) and there shall be no representation among collaterals, except with the descendants of brothers and sisters of the intestate; and in no case shall there be any distinction between the kindred of the whole and the half blood.

Sirth-If any intestate leaves a widow or surviving husband and no kindred, his or her estate shall descend to such widow or surviving husband.

Seventh-If the intestate leaves no kindred, and no widow or husband, his or her estate shall escheat to the state. [See "Escheats," ch. 49. R. S. 1845, p. 545, § 46. 2. ILLEGITIMATES.] § 2. An illegitimate child shall be heir of its mother and any maternal ancestor, and of any person from whom its mother might have