County Court Rules (Northern Ireland) 1981

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.