Replevin

Encyclopedia : R : RE : REP : Replevin

Tort law I
Part of the common law series
Intentional torts
Assault · Battery
False arrest · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land · Conversion (tort)>Conversion
Detinue · Replevin · Trover
Dignitary and economic torts
Slander and libel · Invasion of privacy
Fraud · Tortious interference
Conspiracy · Abuse of process
Malicious prosecution
Defenses to intentional torts
Consent · Necessity (tort)>Necessity
Self defense and defense of others
Other areas of the common law
Contract law · Property law
Wills and trusts
Criminal law · Evidence
Replevin is an Anglo-French law term (derived from repletir, to replevy). It signifies 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:


Tort law I
Part of the common law series
Intentional torts
Assault · Battery
False arrest · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land · Conversion (tort)>Conversion
Detinue · Replevin · Trover
Dignitary and economic torts
Slander and libel · Invasion of privacy
Fraud · Tortious interference
Conspiracy · Abuse of process
Malicious prosecution
Defenses to intentional torts
Consent · Necessity (tort)>Necessity
Self defense and defense of others
*Other areas of the common law*
Contract law · Property law
Wills and trusts
Criminal law · Evidence

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
the action of replevin itself. At common law, the ordinary action for the recovery of goods wrongfully taken would be one of detinue; but no means of immediate recovery liable to be seized.

The French law is in force in Mauritius, and has been reproduced in substance in the Civil Codes of Quebec (arts. 2005 et seq.) and St Lucia (arts. 1888 et seq.). There are analogous provisions in the Spanish Civil Code (art. 1922). The subject of privileges and hypothecs is regulated in Belgium by a special law of December 16, 1851; and in Germany by ss. ff13 et seq. of the Civil Code.

See, e.g., New South Wales (the consolidating Landlord and Tenant Act 1899); Newfoundland (Act 4 of 1899); Ontario (Act I of 1902, S. 22, giving a tenant five days for tender of rent and expenses after distress); Jamaica (Law 17 of 1900, certification of landlords bailiffs); Queensland (Act 15 of 1904).

Sources

English Law:

Woodfall, Landlord and Tenant (18th ed., London, 1907)
Foa, Landlord and Tenant (4th ed., London, 1907)
Fawcett, Landlord and Tenant (3rd ed., London, 1905)
Gilbert on Distress and Replevin (London, 1823)
Bullen, Law of Distress (2nd ed., London, 1899)
Oldham and Foster, Law of Distress (2nd ed., London, 1889)

Scots Law:

Flunter on Landlord and Tenant (4th ed., Edin., 1876)
Erskine's Principles (20th ad., by Rankine, Edin., 1903)
Rankine's Law of Landownership in Scotland (3rd ed., Edin., 1891)
Rankine's Law of Leases in Scotland (2nd ed., Edin., 1893)

American Law:

McAdam, Law of Landlord mid Tenant (New York, 1900)
Bouvier's Law Dictionary (ed. G Rawle) (London and Boston, 1897), tit. Distress in Ruling Cases
Landlord and Tenant (American Notes) (London and Boston, 1894-1901).

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