People ex rel. Gately v. Sage

The relator was convicted of assault in the second degree, and on the 30th day of December, 1892, sentenced to be “imprisoned in the state prison at Sing Sing, at hard labor, for the term of five years, and. pay a fine of $730 and in default of said payment of said fine that he be further imprisoned in said state prison, at Sing Sing, until said fine be paid, not exceeding 730 days in addition to the said term of five years.” The relator has not paid the fine. He earned and received the commutation provided by chapter 21, Laws 1886, and, except for the fine, would have been entitled to his…