1911 Encyclopædia Britannica/Replevin

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 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).