When imprisonment and a fine are both assessed, the time served on such imprisonment cannot be considered on an application for a discharge for inability to pay the fine.

207 the law governing the reorganization of the boards of trus- tees of state institutions, and then give a bond in compli- ance with the depositary law when the finance board of the state designates what bank in Jeffersonville shall be our place of deposit?" The bonds mentioned by section 11 of the act approved March 9, 1907 (Acts 1907, p. 391), referred to in your letter, are those required from banking institutions and trust companies before public funds can be deposited in them. The depositary act has nothing to do with the question as to what bond is required of the treasurer of your board; but section 4 of the act ap- proved March 2, 1907 (Acts 1907, p. 138), concerning the man- agement and control of the state benevolent, reformatory and pena institutions, provides, among other things, that "such treas- urer shall qualify by executing a bond in the sum of fifty thou- sand dollars, with surety to the approval of the governor." This section also provides that "At the meeting of said boards following the appointments provided for in section 1 of this act, they shall proceed to elect a president, vice-president, treasurer and secretary, and thereafter annually the organization shall be at the April meeting of each of said boards," which shows that the officers are to be elected annually, and the bond is to be given annually and must be in the sum of $50,000 and to the approval of the governor. It is, therefore, my opinion that it is necessary for you as treasurer to give a bond in the sum of $50,000, and that this bond should cover the term for which you have been elected as treas- urer, and you are not required to give any other bond unless you should be elected treasurer in 1908 to succeed yourself; that nothing is found in the depositary law of 1907 that requires you to give any bond or releases you from giving the $50,000 bond above referred to. PRISON, INDIANA STATE-EXPIRATION OF SENTENCE OF CERTAIN PRISONER, ETC. June 10, 1907. Hon. James D. Reid, Warden, Indiana State Prison, Michig an City, Indiana: Dear Sir--Your letter of June 4th, enclosing copy of a part of the judgment against Prisoner Harry Miller (No. 3293), received. You ask for my opinion as to the expiration of his sentence, and state that he was sentenced on November 8, 1905, for a term of 2 to 14 years for robbery, and that he make his fine to the state in the penal sun of $2,000, and pay and satisfy the costs and charges taxed at $-. There must either be an error in your copy of the judgment, or the trial judge rendered an illegal judgment, for it was the law when the sentence was passed, and is now, that a person con- victed of robbery could not be fined to exceed $1,000. I suggest you write the Elkhart circuit court and ascertain if there was not an error in copying the judgment. The punishment in a given ease cannot exceed that prescribed by the law. Lefforge v. State, 129 Ind. 551. A judgment in excess of that provided by law is illegal and only that part of it can stand which is within the law. Veach v. State, 60 Ind. 291. That part of the fine legally assessed, being a part of the pun- ishment for the crime committed, must be either paid or the pris- oner must serve, in addition to the time from 2 to 14 years, one day for each dollar of the fine and costs assessed. Section 1931 Burns' Annotated Indiana Statutes 1901, pro- vides that "Any person imprisoned for failure to pay or replevy any fine or costs may be ordered to be discharged by the court, or by the judge of any court, after being imprisoned one day for every dollar of the fine and costs, if it appear by satisfactory proof that such person is unable to pay or replevy the same, but the execution may issue against the property of the defendant, as in other judgments." When imprisonment and a fine are both assessed, the time served on such imprisonment cannot be considered on an appli- cation for a discharge for inability to pay the fine. Ex parte Tongate, 31. Ind. 370. Of course, it is within the power of the governor to remit the fine in question upon application made to him, but if not re- mitted it is my opinion that Miller (No. 3293) may be legally held a prisoner, in addition to his term of from 2 to 14 years, one day for each one dollar of fine and costs: but the fine in thi-; cas, f as von state, the crime for whieh he was convicted wai r)bl)vr, Could not exceed $1,000.