
    ROGERS AND AL. v. BRUNDRED AND AL.
    Damages will be assessed by the Court on judgment by default in an action upon a bond given under the act to abolish imprisonment for debt in certain cases, Ecbruary, 1830, (Harr. Comp. 299,) the declaration reciting the condition of the bond in which is set forth, the precise amount due to the plaintiffs.
    There is no uncertainty requiring the interference of a jury.
    
      E. B. D. Ogden for the plaintiff.
    This is an action on a bond given by Brundred and his securities, to the plaintiffs, under the act to abolish imprisonment for debt in certain eases, passed the 19th February, 1830, (Harr. Comp. 299.)
    The penalty of the bond is for six hundred and twenty-two dollars and eight cents. The condition of the bond, recites the arrest by the sheriff, of Brundred, the principal obligor; the oa. sa. under which the arrest was made, its test return, and the amount of damages and costs, for which it had issued, and the judgment on which it was founded, and requires that the defendant Brundred should appear, &o., as in the said act is directed. The declaration sets forth the condition of the bond at large and assigns breaches fully. Upon this declaration a default has been entered, the defendants having failed to appear or plead; and Ogden now moves for an assessment of damages by the Court.
   Per curiam.

Let the damages be assessed by the Court. This is in the nature of a bail bond ; the precise amount due the plaintiffs is apparent upon the record, and there is no uncertainty or discretion to be exercised in the matter, requiring the interference of a jury.  