Supreme Court of Pennsylvania September 12, 1804 (Commonwealth v. Davies)

ShiRpen C. J.

There is abundantly more reason for a power in the court to moderate or remit a forfeiture of this kind than *105hi those cases which come expressly within the law; for, as it was argued upon the trial, if a publication in the newspaper may be a breach, and upon such a breach the whole recognisanee is forfeited, every justice of the peace may indirectly put a restraint upon the