单词 | replevy |
释义 | replevyn. Law. 1. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > other types of writ utrumc1290 quo warrantoa1325 writ of right closea1325 writ of oyer and terminer1414 writ of right1414 quare impedit?a1424 prohibition?1435 praecipec1440 supplicavita1450 replevy1451 ouster-le-main1485 praecipe in capitec1523 value1527 inhibition1532 rehabilitation1533 melius inquirendum1549 ne exeat regnum1559 quo minus1592 letters (or writ) of supplementc1600 inhibition1603 fair pleading1607 ingressu1607 ne exeat regno1607 account1622 associationa1625 ship-writ1640 cessavit1641 ne exeat1644 devastavit1651 right close1651 writ of second deliverance1652 fair pleader1655 beaupleader1700 proclamation writ1713 writ of inquiry1809 writ of intendence and respondence1881 1451 J. Gloys in Paston Lett. & Papers (2004) II. 64 In cas he had be distreyned that he wold haue gete hym a replevy, and the baly bad hym kete a replevy of his mayster and he wold serve it. 1497 in I. S. Leadam Select Cases Court of Requests (1898) 1 Your said oratour sent vnto the Shirif for a replevie..the which replevie was deliuered to the same sir John. 1523 J. Fitzherbert Bk. Surueyeng x. f. 10v The sherife where the catell is shall make and serue the repleuy. 1554–5 Act 1 & 2 Philip & 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. a1683 W. Scroggs Pract. 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. 1705 Case Mr. Vaughan 2 He came to him, being then Under Sheriff, for a Replevy, which he promised to grant upon such Security as should answer the said Rent to the Lady. b. = replevin n. 1a, 1b. Also writ of replevy. Now rare. ΘΚΠ society > law > administration of justice > general proceedings > legal seizure or recovery of property > [noun] > recovery or restoration on pledge of trial withernam1292 replevin1447 replegiare1484 replevy1554 replevying1581 repledge1631 main levee1653 replevining1894 1554–5 Act 1 & 2 Philip & Mary c. 12 §3 in Statutes of Realm (1819) IV. 258 Deputies so appointed..shall have aucthorite in the Shiriffes name to make Replevies and Delyverance of suche Distresses. 1587 D. Fenner Def. Godlie Ministers sig. Civv Wee will nowe impounde them and answere them when hee bringeth a writte of repleuie to fetche them out. 1628 E. Coke 1st Pt. Inst. Lawes Eng. i. 145 b Yet he may haue a Writ of Repleuy to the Sherife. 1647 N. Bacon Hist. Disc. Govt. 259 The Sheriffe must grant replevy if it be demanded, although formerly no replevy was without speciall Writ. 1796 P.-A. Adet Gros Mousqueton Diplomatique 41 The undersigned minister plenipotentiary..claims the replevy of all seizures. 1845 Ld. Campbell Lives Chancellors III. lxxiv. 122 The illegal increase of duties on importations, by refusing replevies. 1899 Harvard Law Rev. 12 510 By parity of reasoning the replevy of goods exempt from attachment should be allowed. 1909 ‘Q’ True Tilda vii. 80 The bulk of the exhibits in Mr. Hucks's museum could legally have been recovered from him under writ of replevy. 1927 P. G. Osborn Conc. Law Dict. 242 The replevisor or distrainee..obtains a replevy of the goods by procuring..a warrant. 1999 Bankruptcy Bull. (Nexis) July The court..gave the debtor an informed judgment on whether replevy of the goods was likely. ΘΚΠ society > law > administration of justice > general proceedings > bailing or bail > [noun] bail1466 repleving1470 bailing1542 bailment1554 replevin1588 replevy1607 1607 J. Cowell Interpreter sig. Lll2/1 Replevie..is vsed also for the bayling of a man. 1748 J. Thomson Castle of Indolence ii. xxxii Too late Repentance comes: replevy cannot be From the strong iron grasp of vengeful Destiny. 1772 ‘Junius’ Stat Nominis Umbra II. lxviii. 318 Coke..accurately distinguishes between replevy by the common writ..and bail by the King's Bench. 1880 H. Barclay Digest Law Scotl. (ed. 4) 51 There are three words used nearly indiscriminately in England—Bail, Mainprize, and Replevy. This entry has been updated (OED Third Edition, December 2009; most recently modified version published online March 2022). replevyv. Law. 1. a. transitive. To recover (goods, chattels, or land) by replevin. ΘΚΠ society > law > administration of justice > general proceedings > legal seizure or recovery of property > [verb (transitive)] > replevy property replevish1433 repledge1530 replevy1538 replevin1678 1538 T. Elyot Dict. Repignero, are, to quite or redeme a pledge or gage. It maye be taken sometyme with vs, that whyche in our lawe is called to repleuy: and repignoratio, a repleuy. 1552 R. Huloet Abcedarium Anglico Latinum Repleuy or borow cattell, or distresse... And he that dothe repleuy cattell. 1629 Vse of Law 9 in J. Doddridge Lawyers Light Men..may have writs for to replevy their cattell distrained and impounded by others. 1647 N. Bacon Hist. Disc. Govt. 142 If Cattell be taken by distresse, the party that will replevy them shall pay for the returne of the Cattell. 1729 G. Jacob New Law-dict. sig. Rrr3/2 By Statute it was enacted, that none should lose his Land..where the Land was not replevied in due Time. 1768 W. Blackstone Comm. Laws Eng. III. 13 This is for the benefit of the tenants, that they may know where to find and replevy the distress. 1817 W. Selwyn Abridgem. Law Nisi Prius (ed. 4) II. 1126 So long as the cause remains in the county court, the plaintiff may replevy the distress after non-suit there. 1875 K. E. Digby Introd. Hist. Law Real Prop. vii. 274 A person whose goods have been distrained seeks to replevy them. 1933 Times 30 Nov. 4/4 A further question arose whether the plaintiff could in any event replevy a cart horse of which he was only a bailee at the time of the seizure. 1978 A. S. Miller Supreme Court ii. 25 Every case concerns an aspect of public policy, even an action to replevy a dog. 1998 Bankruptcy Bull. (Nexis) May 25 The lender agreed to forebear on its right to replevy the necklace in exchange for the loan payments, albeit at a lower interest rate. b. intransitive. To apply for (and obtain) the recovery of one's goods by replevin; to bring an action of replevin. Now rare. ΘΚΠ society > law > administration of justice > general proceedings > legal seizure or recovery of property > [verb (intransitive)] > carry out replevin replevy1543 1543 tr. Act 13 Edw. I c. 2 If he that repleuied make defaut agayne, or for an other cause retourne of the dystres beyng now twyse repleuied be awarded, the distres shal remaine irrepleuiable. 1607 J. Cowell Interpreter sig. Nnn3v After a returne of catel..to him that distreined them, by reason of a default in the party that replevied. 1768 W. Blackstone Comm. Laws Eng. III. 13 To replevy..is, when a person distreined upon applies to the sheriff..and has the distress returned into his own possession. 1817 W. Selwyn Abridgem. 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.]. 1884 Law Rep.: Queen's Bench Div. 12 386 The period of five days is given by the statute to enable the tenant to replevy. 1933 Times 30 Nov. 4/5 The text-books were to the effect that a bailee could replevy. 1950 R. P. Warren World Enough & Time ii. 44 If a man is so poor he has to replevy, how is he going to pay me for being his lawyer? c. transitive. Of a sheriff, bailiff, etc.: to grant or undertake the restitution of goods to their owner under an action of replevin. Now U.S. and rare.In quot. 1596 in extended use. ΘΚΠ society > law > administration of justice > general proceedings > legal seizure or recovery of property > [verb (transitive)] > replevy property > for or to the owner replevy1596 replevin1722 1596 E. Spenser Second Pt. Faerie Queene iv. xii. sig. M2v Yours the waift by high prerogatiue. Therefore I humbly craue your Maiestie, It to repleuie, and my sonne repriue. View more context for this quotation 1623 M. Dalton Officium Vicecomitum f.166v Then the power of the sherife, or his bailife ceaseth, so as they may not Repleuie or deliuer them. 1628 E. Coke 1st Pt. Inst. Lawes Eng. 145 b Yet shall the Sherife repleuy the goods distreyned, for it is against the nature of such a distresse to be irrepleuisable. a1683 W. Scroggs Pract. 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. 1832 Amer. Jurist July 163 The sheriff replevied the goods demanded. 1858 Pennsylvania State Rep. 28 273 The sheriff replevied a portion of the property in the case. 1921 Atlantic Reporter 113 900/2 The sheriff replevied a certain Ford automobile. 2. transitive. To bail (a person in custody); to release on bail. Also figurative. Now rare. ΘΚΠ society > law > administration of justice > general proceedings > bailing or bail > bail or admit to bail [verb (transitive)] mainprize?a1400 to let to bail1454 to let to borgh1482 bail1548 replevish1554–5 replevy1554 repleve1592 replevin1659 manucapt1898 1554–5 Act 1 & 2 Philip & Mary c. 13 §1 in Statutes of Realm (1819) IV. 249 No Justice..shall lett to baile or maineprise any suche person or persons, whiche..be forbidden to be replevied or bayled by Thestatute [sic] of Westminster Primer. a1610 J. Manwood Treat. Lawes Forest (1615) xxii. §5. 215 To attach the said warden..to answer wherfore he hath not repleuied him yt is so taken. 1651 tr. J. Kitchin Jurisdictions 524 The aforesaid D. is conveyed away.., by which means I cannot replevy the said D. 1768 W. Blackstone Comm. Laws Eng. III. 129 The writ de homine replegiando lies to replevy a man out of prison, or out of the custody of any private person. 1772 ‘Junius’ Stat Nominis Umbra II. lxviii. 328 The first attempt to reform these various abuses was by contracting the power of replevying felons. 1812 J. Gabbett Digested Abridgm. Statute Laws Eng. & Ireland II. ii. xix. 1163 No justice of peace shall let to bail or mainprise any person which be forbidden to be replevied or bailed by the 3 Edw. 1. c. 15. supra. 1826 R. Southey Vindiciæ Ecclesiæ Anglicanæ 482 By using the Rosary she had obtained such favour in the eyes of the Virgin, that her soul was replevied. 1895 F. Pollock & F. W. Maitland Hist. Eng. Law II. ii. ix. 582 If a man was arrested he was usually replevied (replegiatus) or mainprised (manucaptus), that is to say, he was set free so soon as some sureties..undertook..his appearance in court. 1922 W. Mack et al. Corpus Juris XXIX. 9/2 The writ de homine replegiando or writ of personal replevin..lies to replevy a man out of prison or out of the custody of any private person in the same manner as chattels may be replevied. Derivatives reˈplevying n. and adj. ΘΚΠ society > law > administration of justice > general proceedings > legal seizure or recovery of property > [noun] > recovery or restoration on pledge of trial withernam1292 replevin1447 replegiare1484 replevy1554 replevying1581 repledge1631 main levee1653 replevining1894 society > law > administration of justice > general proceedings > legal seizure or recovery of property > [adjective] > carrying out replevin replevying1862 1581 W. Lambarde Eirenarcha i. xxiii. 248 Replevijng of the person of a man in case of Villenage. 1607 J. Cowell Interpreter sig. Nnn3v For the repleuying of the same catell againe. 1648 Bp. J. Hall Select Thoughts 131 In matter of law, every plain country-man knows what belongs to distraining, impounding, replevying. 1725 G. Jacob Student's Compan. 39 The time of Replevying &c. is appointed, that Landlords should not oppress Tenants by immediate Sale. 1845 B. Monroe Rep. Court of Appeals Kentucky 5 251 The replevying of the debt by the debtor is not always conclusive evidence of his solvency. 1862 Stat. of Vermont xxx. c. 94 §40 Any liquor seized..shall not be delivered by the replevying officer to the claimant. 1916 Lawyers Rep. Annotated 1916F 590/2 Holding that upon the replevying of property the suit became one in personam. 1997 J. Hudson Land, Law & Lordship in Anglo-Norman Eng. i. ii. 40 Henry also enforced the replevying of goods: thus in the mid-1160s Hugh de Mortimer owed the king £100 since he had not released to his knight his animals for pledge. This entry has been updated (OED Third Edition, December 2009; most recently modified version published online March 2022). < n.1451v.1538 |
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