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▪ I. replevin, n. Law.|rɪˈplɛvɪn|
Also 5 -yn(g, 6 -yne, -en, 6–7 -ine.
[a. AF. replevin(e, f. OF. replevir to replevy: hence also Anglo-L. replevina (13th c.). Cf. plevin.]
1. The restoration to, or recovery by, a person of goods or chattels distrained or taken from him, upon his giving security to have the matter tried in a court of justice and to return the goods if the case is decided against him.
[1347–8Rolls of Parlt. II. 218/2 Que les Baillifs del dit Wapentak denierent la replevine au Baillif le dit Counte de Huntingdon.] 1461Paston Lett. II. 35 That aftir the distresse taken the undirshreve be spoke with all that he make no replevyn with out agrement or apoyntement taken, that the right of the lond may be undirstand. 1471Cal. Anc. Rec. Dublin (1889) I. 345 The Mair and Bailliffes for the tyme beyng make replevyng to every person or persones that will compleyn to them. 1532Dial. on Laws Eng. ii. xlvii. 120 b, If a shyryfe by a repleuyn deliuer other beastes than were distreyned [etc.]. 1623Dalton Office Sherifs 165 b, So that by this former statute..the Sherife may breake open a mans castle, or house, to make a Repleuin. 1659Rushw. Hist. Coll. I. 641 Having sued forth a writ of Replevin, the proper remedy in Law to regain the possession of his Goods. 1768Blackstone Comm. III. 145 The restitution of the goods themselves so wrongfully taken..is effected by action of replevin. 1809St. Papers in Ann. Reg. 716/2 Attempts have..been made to wrest from the collectors by writs of replevin..property detained or seized by said collectors. 1863H. Cox Inst. ii. ix. 522 One remedy for unlawful taking is by action of replevin.
attrib.1862Stat. of Vermont xv. c. 36 §28 marg., Replevin bond to be sued within one year. Ibid. xxx. c. 94 §40 [The liquor] shall be held by such officer until the final determination of the replevin suit.
fig.a1636Lynde Case for Spectacles (1638) 10 Take therefore from me what learning you will, distraine it, and impound it at your pleasure, I will never trouble you with Replevin. 1684Otway Atheist iii. (1735) 59 Since I am trapt thus, Like a poor beast that wanted better pasture, There is no Replevin, and I must to pound.
b. Const. of the thing distrained.
a1461Rolls of Parlt. V. 399/1 The owners of the said Catell may never come to have replevyn of thaym. 1529Act 21 Hen. VIII, c. 19 Yf the lorde..dystrayn upon the same maners..for any suche rentes..and replevyne thereof be sued. 1581Lambarde Eiren. i. xxiii. 248 In diuerse other cases, as in Repleuine of Cattell vpon a distresse. 1628Coke On Litt. 161 When the Lord hath distrained, and Repleuin is made of the distress by writ or by Plaint. 1738Act 11 Geo. II, c. 19 §23 To prevent vexatious Replevins of Distresses taken for Rent. 1841Penny Cycl. XIX. 400/2 The third form of replevin, and the only one now in use, is replevin of goods.
†c. The bailing of, or bail for, a person. Obs.
1588Fraunce Lawiers Log. i. xii. 55 Bailement, mainprise or manucaption, and replevine..they bee indifferently used to expresse that suretie which the prisoner is to finde. 1618Dalton Countr. Just. 269 Mainprise, or Repleuin, is the sauing or deliuerie of a Man, out of prison,..by finding suerties. 1651tr. Kitchin's Jurisdictions (1657) 524 The said J. was not to be found in my bailiwick, so that I could make no replevin of the said J. by any means.
transf.a1641Bp. R. Montagu Acts & Mon. (1642) 409 The soules of the wicked..were haled to judgement..without any replevin or manumission for ever.
2. A writ empowering a person to recover his goods by replevin.
1465Paston Lett. II. 191 On Monday next..ther com Pynchemor to Haylesdon with a replevyn, whych was made in Harleston ys name as Understewerd of the Duche. 1592Termes Lawes s.v., Repleuin is a writ, and it lyeth when any man distrayneth an other for rent or other thing... Also if it be in any franchise or bailiwike, the partie shall haue a Repleuin of the Shirife direct to the bailife of the same franchise. 1628Coke On Litt. i. 145 b, If the beastes of diuers seuerall men be taken, they cannot ioyne in a Repleg[iare] but euery one must haue a seuerall Repleuyn. a1683Scroggs Courts-leet (1714) 83 Replevin ought to be certain in setting forth the Number and Kinds of the Cattle distrained. 1817W. Selwyn Law Nisi Prius (ed. 4) II. 1099 Of the Duty of the Sheriff in the Execution of the Replevin.
3. An action arising out of a case in which goods have been distrained or taken and replevied.
1515Act 7 Hen. VIII, c. 4 As the playntyf shuld have doo yf they had recoveryd in the seid Replevyne. 1532Dial. on Laws Eng. ii. xliv. 80 b, Ygnorance shall excuse him of domages in a Repleuyn. 1628Coke On Litt. i. 145 b, And so in a Repleuyn it is a good plea to say that the property is to the Plaintife and to a stranger. 1671F. Phillips Reg. Necess. 331 Most of that little which appears of the use or pleading of Protections in our Law-books or Records..were in Pleas or Actions concerning Lands, or Replevins, &c. but few in personal Actions, or Actions of Debt. 1712Arbuthnot John Bull i. vii, He talked of nothing but Actions upon the case, Returns,..Venire facias, Replevins. 1768Blackstone Comm. III. 413 Upon a replevin the writ of Execution is that de retorno habendo. 1818Cruise Digest (ed. 2) V. 444 Where a person brought a replevin for taking his cattle, the defendant avowed [etc.]. 1875Poste Gaius iv. (ed. 2) 636 In English jurisprudence both parties are said to be equally plaintiffs and equally defendants in the actions called Quare impedit and Replevin.
†4. transf. The reclaiming of goods. Obs. rare—1.
1618Bolton Florus iii. xxiii. (1636) 254 When the goods of attainted citizens were adjudged and given away by Sulla unto others,..the replevin of them did doubtlessly endanger the greene raw peace of the state.
▪ II. replevin, v. Law.|rɪˈplɛvɪn|
[f. prec.]
†1. trans. = replevy v. 1. Obs. rare—1.
1659Rushw. Hist. Coll. I. 532 The Statute of Westminster, which saith, That the Sheriffs and others in some cases may not replevin men in Prison.
2. = replevy v. 2. Now only U.S.
1678Butler Hud. iii. iii. Lady's Answ. 4 That you're a Beast..Is no strange News,..At least to me, who once..Did from the Pound Replevin you. 1711Swift Jrnl. to Stella 19 Nov., I hear the owners are so impudent, that they design to replevin them by law. 1751Johnson Rambler No. 142 ⁋9 To enable her to replevin her only cow, then in the pound by Squire Bluster's order. 1868M. H. Smith Sunshine & Shad. N. York 703 When goods are seized, an owner appears..to replevin the stock.
†b. = replevy v. 2 b. Obs. rare—1.
1720Swift Let. to Chetwode 30 Jan., You can pound the Cattle that trespass on your grounds, tho' the next Justice replevins them. |