Replevin

The name of one of the common-law actions, the distinguishing features of which are that it is brought to obtain possession of specific chattel property, and is prosecuted by a provisional seizure and delivery to plaintiff of the thing in suit. Replevy is the verb allied to replevin, and signifies to obtain, by means of the action or writ of replevin, possession of chattel property of which one claims to be owner. Repleviable, or replevisable: liable to be replevied; subject to be obtained by means of replevin. Property is said to be repleviable or replevisable when proceedings in replevin may be resorted to for the purpose of trying the right to such property. Thus goods taken under a distress are repleviable; for the validity of the taking may be tried in an action of replevin: but goods delivered to a carrier and unjustly detained are not repleviable; for the unjustdetgatipn of goods delivered on a contract is not an injury to which the action of~replevin_agplies, but forms the ground of arfactionordetinue or trover. Replevisor: plaintiff in replevin. The word has been said to mean, originally, a redelivery of the pledge or thing taken upon a distress, to the owner, by the court, upon the owner giving security to try the right of the distress, and to restore the subject-matter, if the right be adjudged against him.

Wharton.

Or perhaps a redelivery upon his pledge thus to prosecute.

Burritl.

But the action in modern practice is not confined to goods taken in distress, but may be brought generally for goods and chattels unlawfully taken. Upon receiving a writ or plaint in replevin, it is the sheriff's duty to take possession of the property, and deliver it to the plaintiff upon the latter's giving satisfactory security to prosecute his suit and establish his title to the goods; or that, if judgment passes against his claim, he will return them. After this, of his goods, subject to the obligation to return them. The course of proceedings is modified, in almost all the jurisdictions, by modern statutes; and no one account of it can be given which is everywhere applicable. A sketch of the action, as employed in England at the present day is given below. Being a common-law form of action, the terms have no place or use in equity or admiralty jurisprudence. Under codes of reformed procedure, replevin does not exist as a distinct action, but is replaced by the provisional remedy, " claim and delivery," allowed as ancillary to a civil action to try the title to the goods. But, for want of other nomenclature, these words are often used, in reports under the codes, as if they were pr'ecisely applicable to actions commenced by claim and delivery. Replevin is of two sorts: in the detinet; in the detinuit. Where the party has had his goods redelivered to him, the action is in the detinuit, " wherefore he detained the goods," &c.; but where replevin has not been made, but the distrainor still keeps possession, the action is in the detinet, " wherefore he detains the goods," &c. The action in the detinet has long fallen Into disuse, and is never brought unless the distrainor has eloigned the goods, so that they cannot be got at to make replevin. Wharton, The registrar of the county court now grants the replevin, approves of the replevin bonds, and issues all necessary process in relation thereto, which Is executed by the high bailiS of the county court. The replevin is granted at the instance of the party whose goods are distrained, who is called the replevisor, who must give security for prosectiting the action. The security must he of sufficient amount to cover the alleged rent or damage in respect of which the distress shall have been made, and the probable costs of the cause; and to make a return of the goods, if a return shall be adjudged. The action, if intended to be commenced in a county court, must, according to the condition of the bond, be commenced within a month; if in a superior court, then within a week. In the latter case, the replevisor further undertakes to prove before the court in which the action is brought that he had good ground for believing that the title to some corporeal or incorporeal hereditament, or to some toll, fair, market, or franchise was in question, or that the rent or damage exceeded £20; in other words, that the facts were such as to exclude the jurisdiction of the county court. When the action is brought, the defendant general terms the taking of the goods. If the defendant insists that the goods were lawfully taken by him in his own right, the pleading is called an avowry; if in the right of another, it is called a cognizance. He may claim also a return of the goods; so that both parties are regarded as actors, or claimants seeking redress. The plaintiff's next pleading is called a plea in bar, and that of the defendant a replication, and so on. The judgment, if for the plaintiff, awards damages for the unlawful taking; if for the defendant, it is that he have a return of the goods taken; and, if the distress was for rent, he recovers the amount of arrears in damages. If the action be in the county court, it is tried in the same way as other actions in county courts. ( Termes de la Ley; Cowel; 3 Bl. Com. 145-151; 3 Steph. Com. 420-423; Lush Prac. 1013-1026; Fawcett L. Sr T. 176-178.) Mozley #• W.