RECOONISANCE Is an obligation of record, entered into before some court of record, or magistrate duly authorised, by which the party entering into it (the cognisor), whose signature is not necessary, icknowledges (recognises) that lie owes a sum of money to the queen, or to some private individual, who is called the cognisee. This sum is named the amount of the recognisance. The acknowledgment is gene.
rally followed by an undertaking on the part of the cognisor to do some act, such as to keep the peace, to pay a sum of money, to attend to give evidence, Ise. On the performance of this act, the cognisor is discharged from his recognisance. On his default, the recognisance is forfeited, and he becomes indebted absolutely to the amount of the recognisance. A debt on recognisance takes precedence of other debts, and binds the lands of the cognisor from the time of its enrolment. If the recognisance is made to a private individual in the nature of a statute staple, &c., ho may on its forfeiture, by virtue of process
directed to the sheriff, obtain delivery of the lands and goods of the eognisor till the debt is satisfied, or proceed against the eognisor in an action of debt, or by Beira facies. if the recognisance is made to the crown, it was formerly, in all cases of forfeiture, estreated into the exchequer, and afterwards recovered by process from that court to the use of the treasury. But now forfeited recognisanees taken before the court of orjustices of the peace, are enrolled among the sessions fecords, and recovered by the sheriff; a list of the amounts being yearly returned by the clerks of the peace and town clerks for their districts respectively, to the lords of the treasury. Where a recognisance has been estreated into the exchequer, that court may discharge or compound it according to the justice of the case.