1911 Encyclopædia Britannica, Volume 21… (1911)
“ Penalty is used specifically for a sum of money recovered by virtue of a penal statute, or recoverable in a court of summary jurisdiction for infringement of a statute. A sum of money agreed upon to be paid in case of non performance of a condition in a bond or in breach of a contract or any stipulation of it IS also termed a penalty (see Damages) . ”
