
    Anonymous.
    
      ROSS moved for leave to enter judgment on a warrant of attorney to confess judgment, for the penalty of a bond exceeding 10l. the real debt being under 10l. His object was to have it ascertained before hand, who should pay the costs.
    The court would not interfere, and he did not enter the judgment.
   Note.-I have heard different opinions on this subject; and if the case of Cooper v. Coats was the case of a bond with a penalty, there seems to be a decision against giving costs to the plaintiff. Yet I think there are strong reasons for supporting, that judgment may be entered in the court of Common Pleas on such a warrant, where the penalty exceeds, though the real debt is within, the jurisdiction of a justice of the peace ; and such judgment will carry the costs of course. So also if the judgment were by default. The judgment appears for a sum above the jurisdiction of a justice. Till application for relief, from the penalty, the court cannot see that this is not the real debt. They will not relieve but on equitable terms, as payment of costs, &c. The penalty is legally the debt after default ; and stipulating for a penalty admits prosecution for it, and of course promises the payment of all costs necessary for its prosecution. The creditor ought to choose his jurisdiction ; and a delinquent ought to have no favour, that would injure his creditor.

But if the judgment were on a verdict, it would be only for the sum due.  