County Court Rules (Northern Ireland) 1981

ORDER 42 Deposit of money, bonds and recognizances as security

Security

1.  Where, by or under any enactment, any person is required or authorised to give security in relation to proceedings in the county court, then, subject to any express provision in the enactment—

(a) the security shall be given by a deposit of money or by a bond or recognizance; and

(b) the amount of the security shall be fixed by the chief clerk; and

(c) the person giving the security shall give it at his own expense:

Provided that the chief clerk may accept in lieu of a deposit of money or a bond or recognizance an undertaking by a solicitor to pay any costs which the plaintiff may be ordered to pay to the defendant in the action.

Deposit of money

2.  Where security is given by a deposit of money, the following provisions shall apply—

(a) the person giving the security shall, upon the privity of the Accountant General lodge the money in the county court bank in accordance with Court Funds Rules and shall also file in the Office a memorandum signed by him or his solicitor and approved by the chief clerk stating the conditions on which the deposit is made;

(b) upon the deposit being made, the chief clerk shall give to the person making the deposit a certificate in Form 179;

(c) the person making the deposit shall give to the opposite party notice of the deposit having been made;

(d) the judge may make such order regarding the money so deposited as he thinks fit.

Bond or recognizance

3.—(1) The judge, circuit registrar or chief clerk may accept as a bond or recognizance an instrument executed by any solvent person or persons or by a body corporate (including an insurance company) approved by him.

(2) Where any party proposes to give a bond or recognizance by way of security he shall serve by post or otherwise, on the other party or parties and on the chief clerk at his office notice in Form 180 of the proposed sureties and such notice shall inform the parties on which it is served that if they object to the sureties or one of them they should send to the chief clerk notice (which notice may be in Form 181) of their objection within seven days from the date on which the notice is served on them.

(3) If any party objects to the sureties or one of them the chief clerk shall forthwith give notice in Form 182 to the parties of the day and hour at which he will consider the objection and shall then give such directions as he thinks fit.

(4) The bond or recognizance shall be executed in the presence of the judge, circuit registrar, the chief clerk or a commissioner for oaths or, where the person entering into such bond or recognizance resides outside Northern Ireland or is for the time being thereout, in the presence of any person duly authorised to administer oaths where such person ordinarily resides or is:

Provided that the chief clerk may accept a company's bond or recognizance if it is executed under the seal of the company.

(5) The bond or recognizance shall recite that the person or body corporate executing it is bound or indebted as the case may be to the judge for the time being within whose court the proceedings are and shall be deposited with the chief clerk at his office until the proceedings are finally disposed of.

(6) A chief clerk or other officer of the court or any servant or agent of them or any of them shall not become surety in any case where by these Rules or the practice of the court security is required.