A recognizance, bond, or penal sum, shall not be extinguished by a judgment in an action thereon, if for a sum as debt less than the penalty, but shall remain as a security for any damages sustained, or to be sustained on occasion of other breaches. For the recovery of such damages, actions may be instituted from time to time upon such recognizance, bond, or penal sum.

Code 1852, § ?2579; Code 1915, § ?4510; Code 1935, § ?4962; 10 Del. C. 1953, § ?7503;