
    BROADWELL against CONGER.
    ON CERTIORARI.
    Judgment on a penal statute, must be on the entire penalty.
    Conger, the defendant in certiorari, was an overseer of the road, and had brought an action against Broadwell, the plaintiff in this court, for a penalty under the road act- for not working on the highway, and had judgment. Broad-well appealed to the common pleas, who confirmed the judgment of the justice, and now he removes the cause from the common pleas into this court. The state of demand exhibited to the justice, was for four dollars, for neglecting to work on the road two days, with a team of two horses. The judgment rendered to the justice, and confirmed by the common pleas, was as follows: — I give judgment for the plaintiff, two dollars and fifty cents debt, (being equal to two days’ absence, of one horse team and plough,) and two dollars and thirty-nine cents costs. One error assigned for the reversal of this judgment was, that the act of [*] Assembly gave no such penalty as that for which judgment was rendered.
    
      Mr. Chetwood, for the plaintiff in certiorari,
    
    moved the
    court to reverse the judgment for that cause. He said that a penal statute must be strictly pursued, and that a penalty given by the statute could not be varied or altered, neither made less, or increased by the court, — and the court, being of that opinion, reversed the judgment.
     