The plaintiff must take costs according to his judgment, which is for the penalty. Godfrey v. Vancott, 13 John. 345.) It is peculiarly proper, in this case, that it *413should be so, for the bond is conditioned, among other things, to perform covenants; and the judgment ought to stand as security for further breaches. It would have been otherwise, had it been merely for the payment of money. (Van Antwerp v. Ingersoll, 2 Caines’ Rep. 107. 1 R. L. 515, 516.)
Motion denied.