RECOGNIZANCE, a term of common law usually employed to describe an obligation of record, entered into before some court or magistrate duly authorized, whereby the party bound acknowl edges that he owes a personal debt to the Crown, with a de feasance, i.e., subject to a condition that the obligation to pay shall be avoided if he shall do some particular act—as if he shall appear at the assizes, keep the peace, or the like. Recognizances are now used almost solely with reference to criminal proceedings. The security given by a receiver appointed by the High Court is still in the form of a recognizance acknowledging a debt to named officers of the court, and securing it on the real and per sonal estate of the receiver.
There is a general jurisdiction on conviction of misdemeanour both at common law and by statute to put the offender under recognizances to keep the peace and (or) be of good behaviour in addition to or in substitution for other punishment. On refusal to enter into recognizances as above, the court may order impris onment for the refusal, limited in cases within the Acts to 12 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. Recogni zances are, however, most used with reference to proceedings be fore conviction and judgment. In preliminary enquiries into indictable offences the enquiring justices take recognizances to ensure the attendance of the accused if liberated during any adjournment, and on committal for trial take the recognizances of the accused (if allowed bail) to attend the court of trial and take his trial, and of the prosecutor and the witnesses for the prosecution or defence to attend and prosecute or give evidence.
Recognizances taken are returnable under penalty to the court of trial, which orders their estreat (q.v.) if the conditions are breached. Similar powers as to the recognizances of persons pros ecuted summarily are given by the Summary Jurisdiction Acts 1848 and 1879, amended by the Criminal Justice Act 1925.
By the Land Charges Act 1925 a recognizance, whether obtained or entered into on behalf of the Crown or otherwise, does not operate as a charge on land or on any interest on land or on the unpaid purchase money for any land, unless a writ or order for the purpose of enforcing it is registered in the office of the Land Registry. This enactment is clearly applicable to receivers' re cognizances ; and on purchases of land search is made for regis tered recognizances and an official certificate can be obtained affirming or negativing the existence of a registered entry.
In the U.S.A., the States allow by either common law or statutes recognizances in much the same way as in England.