DEBT by the state on a judgment of the Owen Circuit Court obtained on a forfeited recognizance; the declaration not showing whether the recognizance had been taken in a civil or criminal case. Held, that a plea that the debt had been remitted by the governor, must show that the forfeiture had been incurred in proceedings arising out of a violation of the penal laws.

If in debt payment of the whole be pleaded and issue be joined on the plea, the whole and not a part of the issue should be tried.