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PENALTY (Lat. poena, punishment)
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PENALTY (Lat. poena, punishment), in its original meaning, a punishment inflicted for some violation of the law or rule of conduct. Although still freely used in its original sense in such phrases, for example, as " the death penalty," " the penalty of rashness," &c., the more usual meaning attached to the word is that of a pecuniary mulct. 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 DAM AGES).