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Encyclopedia Britannica



REPLEVIN

This article appears in Volume V23, Page 106 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: RAY-RHU
REPLEVIN , an Anglo-French law
term
  (derived from replevir, to replevy; see PLEDGE for further etymology) signifying the recovery by a person of goods unlawfully taken out of his possession by means of a
special
  form of legal process; this falls into two divisions(1) the " replevy," the steps which the owner takes to secure the physical possession of the goods, by giving security for prosecuting the action and for the return of the goods if the case goes against him, and (2) the " action of replevin " itself. The
jurisdiction
  in the first case is in the County Court; in the second case the Supreme Court has also
jurisdiction
  in certain circumstances. The proceedings are now regulated by the County Courts Act 1888. At common law, the
ordinary
  action for the recovery of goods wrongfully taken would be one of
detinue
 ; but no means of immediate recovery
REPLEVIN
was possible till the action was tried, and until the Common Law
Procedure
  Act 1854 the defendant might exercise an option of paying
damages
  instead of restoring the actual goods. The earliest regulations with regard to the action of replevin are to be found in the
Statute
  of Marlborough (Marlebridge), 1267, cap. 21. For the early history, see Blackstone's Commentaries, iii. 145 seq. Only goods and cattle can be the subjects of an action for replevin. Although the action can be brought for the wrongful taking of goods generally, as
long
  as the initial taking was wrongful and it was from the possession of the owner, it is practically confined to goods taken by an illegal as opposed to an excessive distress (see DISTRESS and RENT, Legal).


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