recognizance – מילון אנגלי-אנגלי
recognizance (Amer.)
n.
(Law, Finance) legal promise or obligation; formal agreement made by a person in court before a judge; money pledged as a bond (also recognisance)
Recognizance
In some
common law nations, a
recognizance is a conditional
obligation undertaken by a person before a court. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or
keeping the peace. The concept of a recognizance exists in
Scotland,
Hong Kong,
Canada and the
United States. People who are released on their own recognizance are subject to appearing before a judge on a certain day in the near future.
recognizance
Noun
1. (law) a security entered into before a court with a condition to perform some act required by law; on failure to perform that act a sum is forfeited
(synonym) recognisance
(hypernym) security, surety
(hyponym) bail, bail bond, bond
(classification) law, jurisprudence
Recognizance
(n.)
The verdict of a jury impaneled upon assize.
(n.)
An obligation of record entered into before some court of record or magistrate duly authorized, with condition to do some particular act, as to appear at the same or some other court, to keep the peace, or pay a debt. A recognizance differs from a bond, being witnessed by the record only, and not by the party's seal.
(n.)
Acknowledgment of a person or thing; avowal; profession; recognition.
(n.)
A token; a symbol; a pledge; a badge.
Webster's Revised Unabridged Dictionary (1913), edited by Noah Porter.
About
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 relate either to criminal or civil matters.
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. Witnesses are also required to be bound in a recognizance to testify.
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. There are also cases where recognizances are entered into under the authority and requirements of statutes.
As to the form. The party need not sign it; the court, judge or magistrate having authority to take the same, makes a short memorandum on the record, which is sufficient.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
