recognizance


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Related to recognizance: recognisance, own recognizance

Recognizance

A recorded obligation, entered into before a tribunal, in which an individual pledges to perform a specific act or to subscribe to a certain course of conduct.

For example, an individual who owes money might enter into a recognizance whereby she agrees to satisfy the debt.

In Criminal Law, an individual who has been found guilty of an offense can be mandated to enter into a recognizance whereby she agrees to keep the peace in the future. An individual who has been accused but not yet convicted of a criminal offense may be allowed to go free prior to the trial without being required to post a bail bond. The accused individual provides the court with a formal written statement, which declares that his failure to appear will precipitate payment to the court of a specifically indicated sum of money. This is known as a release on one's own recognizance, or personal recognizance.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

recognizance

a bond given by an offender to obey a judgment or keep the peace.
Collins Dictionary of Law © W.J. Stewart, 2006

RECOGNIZANCE, contracts. 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. 2 Bl. Com. 341; Bro. Ab. h.t.; Dick. Just. h.t.; 1 Chit. Cr. Law, 90.
     2. Recognizances relate either to criminal or civil matters. 1. 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.
     3.-2. 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.
     4. 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. 2 Binn. R. 481; 1 Chit. Cr. Law, 90; 2 Wash. C. C. R. 422; 9 Mass. 520; 1 Dana, 523; 1 Tyler, 291; 4 Vern. 488; 1 Stew. & Port. 465; 7 Vern. 529; 2 A. R. Marsh. 131; 5 S. & R. 147; Vide generally, Com. Dig. Forcible Entry, D 27; Id. Obligation, K; Whart. Dig. h.t. Vin. Ab. h.t.; Rolle's Ab. h.t.; 2 Wash. C. C. Rep. 422; Id. 29; 2 Yeates, R. 437; 1 Binn. R. 98, note 1 Serg. & Rawle, 328 3 Yeates, R. 93; Burn. Just. h.t. Vin. Ab. h.t.; 2 Sell. Pract. 45.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
"However, in El Paso County, it is only those detainees who have the means to pay a county-imposed fee of $55 who have the opportunity to gain prompt release upon the court's grant of a supervised personal recognizance bond," the lawsuit alleged.
Spruill was arraigned in New York federal court and released on his own recognizance after entering a not-guilty plea.
"Sorry, that's totally untrue," says Robert Schwab of San Mateo Pretrial Services, the nonprofit group that runs San Mateo County's recognizance program.
His precise and rapid picking, his recognizance of sound and noise (from the most common blues rhythm guitar run, to the walls of distortion he created, to his ability to range between pure blues and avant-garde jazz forms), and more importantly his improvisational ability - all point out the totality of his delivery.
The couple was released on a $500,000 personal recognizance bond.
Four suspects arrested in the case, who were released on personal recognizance pending trial, promptly disappeared and are at large today."
At a June 21 court hearing, he pleaded not guilty and was released on $5,000 recognizance bond, and had a Tower Hill address at that time.
Since May 29, Isakov was under recognizance not to leave Kyrgyzstan.
After rejecting the demand of the Communist Party to release 130 political prisoners, Duterte agreed to free at least 20 political detainees either through pardon or 'bail recognizance.'
Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance (Sec.
Corporate Commercial Bank (KTB) majority owner Tsvetan Vasilev has announced "political pressure" beyond his control is being exerted on him.While in a police station in Serbia's capital Belgrade, the Bulgarian businessman has explained he would like to undergo the entire official extradition procedure and is waiting for his lawyers to make him familiar with the next step.He has added the procedure could last over a year."I will return to Bulgaria when I have some security," private national channel TV7 quotes him as saying.Vasilev, who arrived at a Belgrade police station on Tuesday this week, was questioned by officials and released on recognizance the next day.The measure will be in force until a Serbian court adopts a final ruling on his extradition.
Waruzila was released on personal recognizance. His lawyer, William J.