In actions brought to recover the forfeiture annexed to any articles of agreement, covenant, bond, bond of recognizance, with condition thereto annexed, contract, charter-party, or other specialty given or taken in a civil matter, when the forfeiture, breach, or nonperformance appears by the trial of an issue of fact, by the default or confession of the defendant or upon demurrer, the court in which the action is pending may render judgment for the plaintiff to recover so much as is equitably due. When the sum for which judgment ought to be rendered is uncertain, on the request of either party, the same shall be assessed by a jury.