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▪ I. replevy, n. Law. Now rare.|rɪˈplɛvɪ|
Also 5–7 -ie.
[f. next.]
1. A writ of replevin. = replevin 2.
1451Paston Lett. I. 194 The baly bad hym kete a replevy of his mayster and he wold serve it. 1497in I. S. Leadam Sel. Cas. Crt. Requests (Selden Soc.) 11 Your said oratour sent vnto the Shirif for a replevie..the which replevie was deliuered to the same sir John. 1523Fitzherb. Surv. 10 b, The sherife where the catell is shall make and serue the repleuy. 1554–5Act 1 & 2 Phil. & Mary c. 12 §1 No Cattell..shalbe impounded in severall places, wherby the Owner..shalbe constreyned to sue severall Replevis for the delyverye of the said Distresse so taken at one tyme. a1683Scroggs Courts-leet (1714) 90 The Owner of the Cattle must go to the County Clerk..for a Replevy to be directed to the Bailiffs to replevy them.
2. = replevin n. 1 and 1 b.
1554–5Act 1 & 2 Phil. & Mary c. 12 §1 Deputies so appointed..shall have aucthorite in the Shiriffes name to make Replevies and Delyverance of suche Distresses. 1584Fenner Def. Ministers (1587) 16 Wee will nowe impounde them and answere them when he bringeth a writte of repleuie to fetche them out. 1628Coke On Litt. i. 145 b, Yet he may haue a Writ of Repleuy to the Sherife. 1647N. Bacon Disc. Govt. Eng. i. lxvii. (1739) 162 The Sheriff must grant replevy if it be demanded, although formerly no replevy was without special Writ. 1817W. Selwyn Law Nisi Prius (ed. 4) II. 1099 If the party distrained upon, either sold or eloigned the distress after the replevy [etc.]. 1845Ld. Campbell Chancellors lxxiv. III 122 The illegal increase of duties on importations by refusing replevies.
b. = replevin n. 1 c. Also transf.
1607Cowell Interpr., Replevie..is vsed also for the bayling of a man. 1748Thomson Cast. Indol. ii. xxxii, Too late Repentance comes: replevy cannot be From the strong iron grasp of vengeful Destiny. 1772Junius Lett. lxviii. (1788) 348 Coke..accurately distinguishes between replevy by the common writ..and bail by the King's Bench.
▪ II. replevy, v. Law.|rɪˈplɛvɪ|
Also 6 -ie.
[ad. OF. replevir (AF. also replever), f. re- re- + plevir of doubtful origin; see pledge. Hence also med.L. replevīre.]
1. trans.
a. To bail (a person), or admit to bail.
1554–5Act 1 & 2 Phil. & Mary c. 13 §1 No Justice..shall lett to baile or maineprise any suche person or persons which..be forbidden to be replevied or bayled by the statute of Westminster. 1615J. Manwood Lawes Forrest xxii. §5. 215 To attach the said warden..to answer wherfore he hath not repleuied him yt is so taken. 1651tr. Kitchin's Jurisdictions (1657) 524 The aforesaid D. is conveyed away.., by which means I cannot replevy the said D. 1768Blackstone Comm. III. 129 The writ de homine replegiando lies to replevy a man out of prison, or out of the custody of any private person. 1772Junius Lett. lxviii. (1788) 354 The first attempt to reform these various abuses, was by contracting the power of replevying felons.
fig.1826Southey Vind. Eccl. Angl. 482 By using the Rosary she had obtained such favour in the eyes of the Virgin, that her soul was replevied.
2. To recover (cattle or goods) by replevin.
1596Bacon Max. & Use Com. Law ii. (1635) 7 Men..may have writs for to replevy their cattell distrained and impounded by others. 1623Dalton Office Sherifs 166 It chanceth sometimes that the Tenant after that hee hath Repleuied his beasts, doth sell them away. 1647N. Bacon Disc. Govt. Eng. i. li. (1739) 89 If Cattle be taken by Distress, the party that will replevy them shall pay for the return of the Cattle. 1768Blackstone Comm. III. 13 This is for the benefit of the tenants, that they may know where to find and replevy the distress. 1817W. Selwyn Law Nisi Prius (ed. 4) II. 1126 It will follow, that so long as the cause remains in the county court, the plaintiff may replevy the distress after non-suit there. 1875Digby Real Prop. vii. §i. 274 note, A person whose goods have been distrained seeks to replevy them.
b. Of the sheriff or bailiff: To recover for, or restore to, the owner by replevin. ? Obs.
1623Dalton Office Sherifs 166 b, Then the power of the sherife or his bailiffe ceaseth, so as they may not repleuie or deliuer them. 1628Coke On Litt. 145 b, Yet shall the Sherife repleuy the goods distreyned, for it is against the nature of such a distresse to be irrepleuisable. a1683[see replevy n. 1].
transf.1596Spenser F.Q. iv. xii. 31 Yours the Waift by high prerogative. Therefore I humbly crave your Majestie It to replevie, and my sonne reprive.
3. intr. or absol. To carry out the act of replevin.
1607Cowell Interpr. s.v. Second deliverance, After a returne of catel..to him that distreined them, by reason of a default in the party that replevied. 1768Blackstone Comm. III. 13 To replevy..is, when a person distreined upon applies to the sheriff..and has the distress returned into his own possession. 1817W. Selwyn Law Nisi Prius (ed. 4) II. 1100 Although the statute of Westm. 2d. c. 2 is entirely silent as to a bond from the party replevying [etc.]. 1884Law Rep. 12 Q.B. Div. 386 The period of five days is given by the statute to enable the tenant to replevy.
Hence reˈplevying vbl. n. and ppl. a.
1581Lambarde Eiren. i. xxiii. 248 Replevijng of the person of a man in case of Villenage. 1607Cowell Interpr. s.v. Second deliverance, For the repleuying of the same catell againe. 1648Bp. Hall Sel. Thoughts §44 In matter of law, every plain country-man knows what belongs to distraining, impounding, replevying. 1862Stat. of Vermont xxx. c. 94 §40 Any liquor seized..shall not be delivered by the replevying officer to the claimant. |