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Topic: Recognizance

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	RECOGNIZANCE (from Lat... - Online Information article about RECOGNIZANCE (from Lat...
		Recognizances are now used almost solely with reference to criminal proceedings.
		On refusal to enter into recognizances as above, the court may order imprisonment for the refusal, limited in cases within the acts of 1861 to twelve months, and in cases within the act of 1879 to six months.
		The recognizances above described may be described as a form of punishment or a judicial security for good conduct.
	encyclopedia.jrank.org /RAY_RHU/RECOGNIZANCE_from_Lat_recognosc.html (2291 words)

	Recognizance - Wikipedia, the free encyclopedia
		In British and American law, the term recognizance is usually employed to describe an obligation of record, entered into before some court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that s/he owes a personal debt to the government or Crown, with a defeasance, i.e.
		Recognizance is most often encountered regarding bail in criminal cases.
		By filing a bail bond with the court, the defendants will usually be released from imprisonment pending a trial or appeal.
	en.wikipedia.org /wiki/Recognizance (185 words)

	Recognizance - LoveToKnow 1911
		In the Court of Chancery it was the practice to require recognizances from the guardian of a ward of court that the ward should not marry or leave the country with the privity of the guardian and without the leave of the court.
		Recognizances ordered under these enactments cannot be forfeited or as it is termed estreated without an order of court made upon proof of breach of the conditions, or of a conviction involving such breach.
		The recognizances taken are returnable under penalty to the court of trial, which orders their estreat in the event of breach of the conditions.
	www.1911encyclopedia.org /Recognizance (981 words)

	Legal Definition of Recognizance
		RECOGNIZANCE - An obligation of record entered into before a court or officer duly authorized for that purpose, with a condition to do some act required by law, which is therein specified.
		Recognizances in criminal cases, are either that the party shall appear before the proper court to answer to such charges as are or shall be made against him, that he shall keep the peace or be of good behaviour.
		In civil cases, recognizances are entered into by bail, conditioned that they will pay the debt, interest and costs recovered by the plaintiff under certain contingencies.
	www.lectlaw.com /def2/q114.htm (199 words)

	Nebraska Bail Laws, Bail & Bail Bonds in Nebraska
		When there is a breach of condition of a recognizance, the court shall declare a forfeiture of the bail.
		When a forfeiture of a recognizance has not been set aside, the court in which the proceeding is pending shall on motion enter a judgment of default and execution may issue thereon.
		Where a cash deposit has been made in lieu of a surety or sureties as provided in section 29-901, the cash deposit shall upon forfeiture of the recognizance be paid into the county treasury upon the entry of order of forfeiture of the bond after first deducting all court costs due and owing such court.
	www.abailstop.com /Nebraska.htm (780 words)

	The Vermont Statutes Online
		If such recognizance is entered into before a judge of the superior court, the keeper of the jail in the county in which the principal is confined shall, if required, deliver to such surety a bailpiece.
		A surety on the recognizance in a bastardy complaint may deliver the principal into court in discharge of his recognizance before the principal is adjudged to be the father of such bastard child and the court has made an order charging him with its support, but not after.
		A surety in a recognizance taken by a justice of the supreme court, a judge of a district or superior court, or a clerk of the supreme or superior court, may make written application to the authority taking the recognizance for a warrant to apprehend the principal and commit him to jail.
	www.leg.state.vt.us /statutes/fullchapter.cfm?Title=12&Chapter=125 (1588 words)

	Virginia Bail Laws, Bail & Bail Bonds in Virginia
		If the court finds the recognizance or any part thereof should be forfeited, the default shall be recorded therein, unless, the defendant or juvenile is brought before the court within sixty days of the findings of default.
		A surety on a bond in a recognizance may, after default, pay into the court from which the process has issued, or may issue thereon, the amount for which he is bound, with such costs as the court may direct, and be thereupon discharged.
		"Recognizance" means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail.
	www.abailstop.com /Virginia.htm (1291 words)

	CHAPTER 75. RECOGNIZANCES AND BONDS (Site not responding. Last check: 2007-10-20)
		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.
		The recognizance or obligation shall not be a lien upon the lands and tenements of the sureties therein.
		Every person to whom a sum is due by a recognizance taken in the Court of Chancery, receiving satisfaction of the same, shall, within 60 days thereafter, cause such satisfaction to be entered upon the record of such recognizance.
	www.delcode.state.de.us /title10/c075/index.htm (923 words)

	[No title]
		The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.
		When any prosecutor or witness in criminal cases less than capital is committed to jail for inability to give surety on his recognizance to prosecute or testify, the clerk of court of general sessions in which the case is pending may, in his discretion, discharge such prosecutor or witness on his own recognizance.
		If any person shall forfeit a recognizance from ignorance or unavoidable impediment and not from wilful default, the court of sessions may, on affidavit stating the excuse or cause thereof, remit the whole or any part of the forfeiture as may be deemed reasonable.
	www.scstatehouse.net /code/t17c015.doc (1132 words)

	The Anti-Terrorism Act Annual Report concerning Investigative Hearings and Recognizance with Conditions December 24, ... (Site not responding. Last check: 2007-10-20)
		The consent of the Attorney General of Canada or his or her lawful deputy, or of the provincial Attorney General or the Minister of Public Safety and Emergency Preparedness or his or her lawful deputy, is required before a peace officer may lay an information to bring a person before a provincial court judge.
		The judge must come to his or her own conclusion about the likelihood that the imposition of a recognizance upon the person is necessary to prevent a terrorist activity.
		The recognizance with conditions provision is subject to a five-year sunset clause.
	canada.justice.gc.ca /en/anti_terr/annualreport_2003-2004.html (3129 words)

	Bail And Recognizance - Rules And Orders Of The Lahore High Court, Lahore
		Bail may also be tendered and accepted even after conviction in accordance with the provisions of sub-section (2-A) of Section 426 of the Code of Criminal Procedure, when a person sentenced to imprisonment for a bailable offence satisfies the court that he intends to file an appeal.
		Recognizance.-- When any person other than a person accused of a non-bailable offence is brought before a Criminal Court, the Court may, if it thinks fit, instead of taking bail discharge him on his executing a bond without sureties for his appearance (section 496, Criminal Procedure Code).
		At the same time, however, it is the duty of Magistrates to satisfy themselves that the sureties are, in point of substance, persons of whom it may reasonably be presumed that they can, if necessary, satisfy the terms of the bail-bond.
	www.lhc.gov.pk /rulesorder/vol_3/v3ch10.htm (947 words)

	Recognizance Court
		recorded the recognizance or bond paid to ensure the defendant, plaintiff and witnesses appearance at the appointed court date.
		The amount of recognizance paid by the accused, the victim and the witnesses
		recorded the recognizance paid for all crimes brought to court i.e.
	www.branchesofthebay.com /recog.htm (94 words)

	Estrada slams prosecutor’s threat - INQ7.net (Site not responding. Last check: 2007-10-20)
		He added that the release he is asking for, either through bail or recognizance, is within the bounds of the law and jurisprudence, and this matter is addressed to the sound discretion of the Special Division.
		Recognizance is the release of an accused without bail to someone of high moral standing in the community.
		Estrada confirmed talking to Defensor about his possible release on recognizance, but said this was based on the merits of his plunder case, not reconciliation.
	news.inq7.net /nation/index.php?index=1&story_id=47993 (532 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		An application for recognizance or bail must be determined by a securing order which either: (a) Grants the application and releases the principal on his own recognizance; or (b) Grants the application and fixes bail; or (c) Denies the application and commits the principal to, or retains him in, the custody of the sheriff.
		Upon ordering that a principal be released on his own recognizance, the court must direct him to appear in the criminal action or proceeding involved whenever his attendance may be required and to render himself at all times amenable to the orders and processes of the court.
		If the principal is at liberty on his own recognizance or on bail, his attendance may be achieved or compelled by various methods, including notification and the issuance of a bench warrant, prescribed by law in provisions governing such matters with respect to the particular kind of action or proceeding involved.
	caselaw.lp.findlaw.com /nycodes/c25/a69.html (1011 words)

	OSCN Found Document:METCALF v. STATE
		Laws 1909 (section 6110, Rev. Laws 1910), that the performance of the conditions of such recognizance was rendered impossible by an act of God, an act of the obligee, or an act of the law.
		1912C, 743, and similar cases, which were cases construing acts of the obligee in that the same sovereignty which had accepted the recognizance afterwards placed the principal in custody, and thereby prevented the principal and his sureties from complying with the terms of the recognizance.
		The sureties demanded of the federal authorities the possession of the principal for the purpose of complying with the terms of the bond.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=18841 (651 words)

	FORM 32: RECOGNIZANCE (Site not responding. Last check: 2007-10-20)
		Now, therefore, the condition of this recognizance is that if the appellant appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard the said recognizance is void, otherwise it stands in full force and effect.
		Now, therefore, the condition of this recognizance is that if the said A.B. appears at the time and place fixed for the trial of the accused to give evidence on the indictment that is found against the accused, the said recognizance is void, otherwise it stands in full force and effect.
		I hereby certify that A.B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that by reason thereof the ends of justice have been (defeated or delayed, as the case may be).
	laws.justice.gc.ca /en/C-46/268643.html (3496 words)

	PART XXV EFFECT AND ENFORCEMENT OF RECOGNIZANCES (Site not responding. Last check: 2007-10-20)
		(1) Applications for the forfeiture of recognizances shall be made to the courts, designated in column II of the schedule, of the respective provinces designated in column I of the schedule.
		(1) Where an accused is bound by recognizance to appear for trial, his arraignment or conviction does not discharge the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be.
		(2) A recognizance that has been endorsed pursuant to subsection (1) shall be sent to the clerk of the court and shall be kept by him with the records of the court.
	laws.justice.gc.ca /en/C-46/44994.html (1772 words)

	Indiana Code 35-33-8.5
		Every recognizance taken by any peace officer must be delivered forthwith to the clerk of the court to which the defendant is recognized.
		The recognizance as provided for in IC 27-10-2-10 shall be continuing, and the defendant shall not be required to renew it during pendency of the proceedings, unless ordered to do so by the court for cause shown.
		When a surety on any recognizance desires to surrender the surety's principal, the surety may procure a copy of the recognizance from the clerk, by virtue of which such surety, or any person authorized by the surety, may take the principal in any county within the state.
	www.in.gov /legislative/ic/code/title35/ar33/ch8.5.html (575 words)

	Amazon.com: recognizance (Site not responding. Last check: 2007-10-20)
		Recognizance to appear at circuit court: State of Michigan...
		Oaths in common law: Forms of oaths, affirmations, declarations & jurats : to which are added forms of recognizances of bail in error, &c., to be taken...
		A treaties on the law and practice of scire facias,: On judgments, crown bonds, and recognizances, with an appendix containing forms of affidavits, writs, please, and replications by Edmund Meares Kelly (Unknown Binding - Jan 1, 1849)
	www.amazon.com /s?ie=UTF8&search-alias=aps&keywords=recognizance&page=1 (495 words)

	Michigan Law
		The affidavit shall be executed by the proposed surety under an oath administered by the clerk, a district court magistrate, or a judge of the court.
		Whenever default (on forfeiture) shall be made in any recognizance in any court of record, the same shall be duly entered of record by the clerk of said court and upon the motion of the attorney general, prosecuting attorney or city attorney, may give the surety or sureties 20 days' notice.
		The circuit court for the county in which such court was held, or in which such recognizance was taken, may, upon good cause shown, remit any penalty, or any part thereof, upon such terms as appear just and equitable to the court.
	www.rangerbail.com /BailLaws/Michigan.html (1846 words)

	Lowenthal & Abrams Injury Attorneys: New York State Statutes
		30 Order of recognizance or bail; by superior court judge when action is pending in local criminal court.
		Under circumstances prescribed in this article, a court, upon application of a defendant charged with or convicted of an offense, is required or authorized to order bail or recognizance for the release or prospective release of such defendant during the pendency of either: 1.
		When a criminal action is pending involving a complaint charging any crime or violation between spouses, former spouses, parent and child, or between members of the same family or household, as members of the same family or household are defined in subdivision one of section 530.
	www.lowabram.com /statestatutesny.cfm?GetState=newyork&Title=title19.cfm&fileName=indexa01f.html?cl=25&a=71 (2159 words)

	[No title]
		The F-117 Nighthawk would be limited to night missions only unless the repaint the airplane gray and operates at a much higher altitude to avoid visual detection.
		And we certainly aren't going to fly armed aircraft over countries with which we are not at war, with pilots ready to drop a bomb on a high priority target.
		The F-117 Nighthawk would be limited to night missions only unless the repaint the airplane gray and operates at a much higher altitude to avoid visual detection" //There were some tests of the Nighthawk based on gray or 'ground color' camoflauge.
	www.strategypage.com /messageboards/messages/6-11991.asp (455 words)

	CHAPTER 20
		Any person held in custody, without a warrant, shall be tried within twenty (20) hours of his arrest or released on his own recognizance, without surety, to appear before the court for trial of the complaint against him, at the time fixed therein.
		Failure to give the recognizance shall not prevent the appeal, but appellant shall remain in custody or be committed to the City jail until recognizance be given or the appeal determined.
		When an appeal is taken, the Municipal Judge may cause all material witnesses to enter into a recognizance, in the sum of fifty dollars ($50.00) each, conditioned on their appearance to testify in the case at the term to which the appeal is returnable.
	www.nevadamo.org /council/code/CB_CHPT_20.htm (2612 words)

	Sun.Star Breaking News: Justice office eyes release of convicts on 'recognizance' (10:53 a.m.)
		MANILA -- Crowded jails are prompting the Department of Justice (DOJ) to consider allowing the release of more qualified prisoners on "recognizance" or to the custody of their lawyers or the parents of youthful offenders in applicable cases.
		An initiative by the Humanitarian Legal Assistance Foundation, together with the Project Management Office of the Supreme Court, is undertaking a study of the possibility of expanding the coverage of recognizance as one of the means to decongest the overcrowding of detention centers, Gonzalez said in the directive.
		Under the present setup among those, which may avail of "recognizance" under the law, include youthful offender held for examination or trial.
	www.sunstar.com.ph /static/net/2004/12/10/justice.office.eyes.release.of.convicts.on.recognizance.(10.53.a.m.).html (250 words)

	AGO_1949-51_No_383 (Site not responding. Last check: 2007-10-20)
		A non-salaried justice of the peace is entitled to a fee of seventy-five cents for taking recognizance of bail in the situation where a traffic violator promises to appear and then posts bail.
		In your letter of October 19, 1950, you requested our opinion on whether it was proper for a non-salaried [[nonsalaried]]justice of the peace to charge a fee of seventy-five cents for taking recognizance of bail in a situation where a traffic violator has promised to appear and later posts bail.
		A non-salaried [[nonsalaried]]justice of the peace is entitled to a fee of seventy-five cents for taking recognizance of bail in the situation where a traffic violator promises to appear and then posts bail.
	www.atg.wa.gov /opinions/1949-51/opinion_1949-51_383.html (419 words)

	Sec. 21-23-8. Bail; bond or recognizance; appearance bond payable to municipality; procedure upon default; judgment ... (Site not responding. Last check: 2007-10-20)
		Bail; bond or recognizance; appearance bond payable to municipality; procedure upon default; judgment nisi.
		All bonds shall be promptly returned to the court, together with any cash deposited, and be filed and proceeded on by the court in a case of forfeiture.
		The chief of the municipal police or a police officer or officers designated by order of the municipal judge may approve bonds or recognizances.
	www.mscode.com /free/statutes/21/023/0008.htm (338 words)

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