Marginal note:Default to be endorsed
770 (1) Where, in proceedings to which this Act applies, a person who is bound by recognizance does not comply with a condition of the recognizance, a court, justice or provincial court judge having knowledge of the facts shall endorse or cause to be endorsed on the recognizance a certificate in Form 33 setting out
(a) the nature of the default;
(b) the reason for the default, if it is known;
(c) whether the ends of justice have been defeated or delayed by reason of the default; and
(d) the names and addresses of the principal and sureties.
Marginal note:Transmission to clerk of court
(2) A recognizance that has been endorsed pursuant to subsection (1) shall be sent to the clerk of the court and shall be kept by him with the records of the court.
Marginal note:Certificate is evidence
(3) A certificate that has been endorsed on a recognizance pursuant to subsection (1) is evidence of the default to which it relates.
Marginal note:Transmission of deposit
(4) Where, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of a recognizance, that money shall be sent to the clerk of the court with the defaulted recognizance, to be dealt with in accordance with this Part.
- R.S., 1985, c. C-46, s. 770
- R.S., 1985, c. 27 (1st Supp.), s. 203
- 1997, c. 18, s. 108
- Date modified: