Recognizance - Law Dictionary Search Results
Home Dictionary Name: recognizancerecognizance
recognizance [Anglo-French recognisance reconisance, literally, recognition, from Old French reconoisance, from reconoistre to recognize, from Latin recognoscere] 1 : an obligation entered into on the record before a court or magistrate requiring the performance of an act (as the paying of a debt) usually under penalty of a money forfeiture ;also : the sum liable to forfeiture 2 : a simple personal obligation or undertaking (as to appear in court) entered into before a magistrate and having no money penalty attached [released on his own ] ...
Recognizability
The quality or condition of being recognizable...
Recognizance
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 partys seal...
Recognisance
Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.' As to the power of justices of their own initiative to bind over a person, though no formal charge has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31,sub-s. 3, as amended by Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38), s. 1; and as to the mode of entering into recognizance, see Criminal Justice Administration Act, 1914, s. 24; see also ss. 19-23. For forms of recognizance, see the schedule to the Summary Jurisdiction rules, 1886; also rules 112-115 of the Crown Offic...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Estreat
Estreat, (1) the true extract, copy, or note of some original writing or record, and especially of recognizances, fines, amercements, etc., entered on the rolls of a Court to be levied by the bailiff or other officer, Fitz. N.B. 57; also (2) to forfeit. See RECOGNIZANCE.A copy or duplicate of some original writing or record, esp. of a fine or amendment imposed by a court, extracted from record, and certified to one who is authorised and required to collect it, Black's Law Dictionary, 7th Edn., p. 572....
Good behaviour, security for
Good behaviour, security for. The exercise of preventive justice, which consists in being bound with one or more sureties in a recognizance or obligation to the Crown, and taken in some Court, by some judicial officer; whereby the parties acknowledge themselves to be indebted to the Crown in the sum required, with the condition to be void if the party shall be of good behaviour, either general or especially for the time therein limited. See (English) Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 25; see, further, (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17); (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), ss. 26(2), 39(3); Chitty's Statutes, tit. 'Justices.'Security for Convicted Drunkard.--The (English) Licensing Act, 1902 (Edw. 7, c. 28), enables a Court on conviction of a person for drunkenness in a public place, etc., to order him to enter into a recognizance, with or without sureties, to be of good behaviour....
Traversing Indictment
Traversing Indictment, postponing the trial of it.The (English) Criminal Procedure Act, 1851, s. 16, repeals 60 Geo. 3 & 1 Geo. 4, c. 4, as to the traverse of indictments in cases of misdemeanour, and provides, by s. 27, that no person prosecuted shall be entitled to traverse or postpone the trial of any indictment found against him at any session of the peace, session of oyer and terminer, or session of gaol delivery; but if the Court upon the application of the person so indicted, or otherwise, thinks that he ought to be allowed a further time to prepare for his defence, or otherwise, such Court may adjourn the trial to the next session, upon such terms as to bail, etc., as shall seem meet, and may respite the recognizances of the prosecutor and witnesses; the prosecutor and witnesses to be bound to attend and prosecute and give evidence, without entering into fresh recognizances....
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
custody
custody [Latin custodia, from custod- custos guardian] : care or control exercised by a person or authority over something or someone: as a : supervision and control over property that usually includes liability for damage that may occur b : care and maintenance of a child that includes the right to direct the child's activities and make decisions regarding the child's upbringing compare visitation joint custody : custody of a child shared by divorced or separated parents who alternate physical custody of and share in decisions regarding the child called also shared custody phys·i·cal custody : custody that includes sharing a residence with a child shared custody : joint custody in this entry sole custody : custody of a child awarded to only one person and usually to a parent tem·po·rary custody : custody awarded until a final judgment in a matter (as a divorce) is made c : official restraint on freedom (as by arrest or imprisonment or by release on bai...
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