Santis

(after stating the facts).

The judgment entered was an adjudication and pronouncement upon the subject-matter of the litigation between the United States and the defendant. The penalty to be assessed upon conviction was in the discretion of the court, but limited by statute to a maximum amount. And the exercise of the discretion and making pronouncement thereof by the court was a judicial act and final determination. “At law, a judgment is yea or nay, for one party and against the other ” Freeman on Judgments, § 2. A judgment on a verdict or plea of guilty must be certain and final. Morris v. State, 1 Black. (Ind.) 37. This judgment was certain and final. The defendant was committed until the fine was paid or he was otherwise released by operation of law. The judgment was also subject to civil execution. Pierce v. U. S., 255 U. S. 398 , 41 S. Ct. 365 , 65 L. Ed. 697 . The power or control of the court ended when the judgment was satisfied by payment. United States v. Murray, 275 U. S. 347 , 48 S. Ct. 146 , 72 L. Ed. 309 .

The court has power only in such case as it is expressly conferred by statute, and after conviction and judgment it is limited by the Probation Act (18 USCA §…