The ex

victed 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 the 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. ecution 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 [* 414] 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. [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 imprisonment 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 the 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.

[Goodell v. Townsend, 13 Ill. 600; Morton v. People, 47 Ill. 468.

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.

458. Writs of error in capital cases. SEC. 1. In any 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:

I. 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 [* 415]

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 the 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, Falk v. People, 42 Ill. 334; Perteet v. People, 70 Ill. 172. 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.

[883-9; see R. S. 1845, p. 188, 199; French v. People, 77 Ill. 531; Gerard v. People, 3 Scam. 363; People v. Dill, 1 Scam. 257; Mohler v. People, 24 Ill. 26; Barrows v. People, 11 Il. 122; Wallace v. People, 27 Ill. 46: Lane v. People, 5 Gilm. 305; People v. Royal. 1 Scam. 557; Sweeney v. People, 28 Ill. 208; Monoughan v. People, 24 Ill. 341.

461. Supersedeas in other cases. §4. When a supersedeas is desired, a transcript of the record, with a ecrtificate 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.

§ 8.

[Van Blaricum v. People, 22 Ill. 90. 465. Judgment affirmed proceedings thereon. If the judgment 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. 9. 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 surren

[*416]

dered 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. II. 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; Barrows v. People, 11 Ill. 121: Baxter v. People, 2 Gilm. 578; Baxter v. People, 3 Gilm. 368; Eyman v. People, 1 Gilm. 4; Fletcher v. People, 52 Ill. 397 Vandermark v. People, 47 Ill. 124; Curtis v. People, Breese, 260.

FOR THE CONVICTION OF CRIMINALS IN OTHER STATES. AN ACT to provide for the payment of the expenses of the arrest and conviction of criminals, for crimes committed upon citizens of this State, in other States. [Approved May 16, 1877- In force July 1, 1877. L. 1877, p. 9.

*469. Expenses of arrest and conviction to be paid. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, Whenever any citizen of this State, or any minor child residing with its parents or guardian in this State, shall heretofore have been, or shall hereafter be, by fraudulent pretenses, enticed or kidnapped and taken out of this State into any other State, and by such enticer or kidnapper or his confederates murdered, and the relatives or parents or guardian of such person, shall have pursued or shall pursue such criminal and procured his arrest and conviction of such crime under the laws of such other State, the reasonable expense incurred in procuring such arrest and conviction in such other State, shall be paid out of the treasury of this State as follows:

Any person making claim under the provisions of this act shall file a statement of the claim with the several items thereof with the auditor, which claim shall be verified by the oath of the claimant and by record or other satisfactory proof of the conviction of the criminal, and by such other proof as the nature of the case will admit, and such claim and the proofs shall be considered by the governor, auditor and attorney-general,

who shall examine said claim and proof and may require other proof if they judge necessary; and upon being satisfied that said claim or any of the items thereof was incurred in the prosecution of such criminal in such other State, and was a just and reasonable expense for that purpose, they shall allow the same for such an amount as they judge just and reasonable, and shall so certify to the auditor, who shall thereupon draw his warrant in favor of the claimant on the treasury, for the amount so allowed: Provided, no more than thirty-five hundred dollars ($3,500) shall be allowed in any one case.

*470. Appropriates $10,000. § 2. The sum of ten thousand dollars ($10,000) is hereby appropriated out of the State treasury for the payment of claims allowed under this act, and if any portion of said sum is unexpended at the meeting of the next general assembly the same shall be covered into the State treasury.

ADULTERATION OF FOOD, DRINK OR MEDICINE.

AN ACT to prevent and punish the adulteration of articles of food, drink and medicine, and the sale thereof when adulterated. [Approved June 1, 1881. In force July 1, 1881. L. 1881, p. 75.

*471. Mixing, staining or adulterating prohibited. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall mix, color, stain or powder, or order or permit any other person in his or her employ, to mix, color, stain or powder any article of food with any ingredient or material, so as to render the article injurious to health, or depreciate the value thereof, with intent that the same may be sold; and no person shall sell or offer for sale any such article so mixed, colored, stained or powdered.

*472. Adulterating medicines, etc., prohibited. § 2. No person shall, except for the purpose of compounding in the necessary preparation of medicine, mix, color, stain or powder, or order or permit any other person to mix, color, stain or powder any drug or medicine with any ingredient or material, so as to affect injuriously the quality or potency of such drug, or medicine, with intent to sell the same, or shall sell or offer for sale any such drug or medicine so mixed, colored, stained or powdered.

*473. Mixed articles to be marked. 3. No person shall mix, color, stain or powder any article of food, drink or medicine, or any article which enters into the composition of food, drink or medicine, with any other ingredient or material, whether injurious to health or not, for the purpose of gain or profit, or sell, or offer the same for sale, or order or permit any other person to sell or offer for sale any article so mixed, colored, stained or powdered, unless the same be so manufactured, used or sold, or offered for sale under its true and appropriate name, and notice that the same is mixed or impure is marked, printed or stamped upon each package, roll, parcel or vessel containing the same, so as to be and remain at all times readily visible, or unless the person purchasing the same is fully informed by the seller of the true name and ingredients (if other than such as are known by the common name thereof) of such article of food, drink or medicine, at the time of making sale thereof or offering to sell the same.