The Tender For Law

Volume 1

Feb 21, 2013 10:40 PM

Derek Moran

What Sureties Need to Know - ACTING AS A SURETY IS A SERIOUS MATTER:

What Sureties Need to Know - Ministry of the Attorney General

attorneygeneral.jus.gov.on.ca

A surety is someone who agrees to take responsibility for a person accused of a crime. Being a surety is a serious commitment. Before you accept this responsibility, here are a few things you should think about:

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Scott N Tara

Becoming a surety for someone accused of a crime is a lovely way to voluntarily enter into bonded servitude. You consent to the jurisdiction, yourself, having committed no crime, and agree to provide valuable assets, guarantees and unpaid babysitting for the new �ward of the court�.

While it may be tempting to get mom out of jail, after she allegedly robbed the jewelery store and all, you are guaranteeing the �accused� complies with all conditions imposed by the court (to secure their temporary liberty), and accepting full financial responsibility for any action, or inaction, deemed as a default of those undertakings. It's a little like that advertisement for �bits and bites�. You never know what the conditions are going to be when you consent to the process.

If things don't go well, be prepared to say farewell to some, or all, of your assets.

Scott N Tara

While we're at it:

Estreat (French estrait, Latin extracta) means, originally, a true copy or duplicate of some original writing or record; since the 1900s used only with reference to the enforcement of a forfeited recognizance.

At one time it was the practice to extract and certify into the exchequer copies of entries in court rolls which contained provision or orders in favor of the treasury, hence the estreating of a recognizance was the taking out from among the other records of the court in which it was filed and sending it to the exchequer to be enforced, or sending it to the sheriff to he levied by him, and then returned by the clerk of the peace to the lords of the treasury.

Derek Moran

The Dictionary of Canadian Law 3rd-edition, RECOGNIZANCE: n. 1. a person's own promise to appear. 2. "The recognizance contemplated by s.22[of the Coroner's Act, R.S.S. 1978, c. C-38] is in the nature of a performance BOND; an acknowledgment from the person from whom it is taken that he is indebted to the Crown in the amount fixed therein, provided always, that if he fulfills the condition of the undertaking and appears as required the debt ceases..." McMillan v. Bassett(19830 [1984] 3. "...a BOND of record testifying the recognizor to owe a certain sum of money to some other..." R. v. Sandhu (1984)

David Johansen

ahh, i see the deception. you are trained to think that some deity will forgive you, and that you have to ask this alleged GOD party rather than who you REALITY need to ask it of... ahh, very clever indeed...