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REPLEVIN

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Originally appearing in Volume V23, Page 106 of the 1911 Encyclopedia Britannica.
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REPLEVIN , an Anglo-See also:

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

End of Article: REPLEVIN

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