Odger's English Common Law

REPLEVIN. 463
detention of them until sureties or pledges were given.
" Eeplevin " is an old word which signifies a re- delivery
to their owner of goods or cattle, which have been taken
from him, upon his giving security that he will commence
and duly pursue an action against the person by whose
orders they were taken, and return them should he fail
in the action.
The action generally arises where goods have been distrained
for arrears of rent, or where cattle have been straying and doing
damage, or where an animal is seized as a heriot. In such
cases, if the owner believes that the seizure was wrongful, he
gives a formal notice to the registrar of the county court of
the district in which the goods or cattle were seized (formerly
to the sheriff of the county), claiming their return. He must
in such notice state his intention of bringing an action and
his willingness to give adequate security, either by depositing
money or by executing a bond with sureties ; and in the
latter case he should name the persons whom he proposes as
sureties. The registrar, after notice to the seizor, fixes the
amount for which security must be given; the security is
completed either by depositing that amount in court or by
executing the bond, and the goods or cattle are returned to
the owner, who must then commence an action of replevin
(generally within one week) and prosecute it without delay. 1
It is then for the defendant to justify his act, e.g., by showing
that he had a right to distrain the cattle as they were doing
damage on his land. The action lies only against the distrainor
or other person who actually takes the goods out of the
plaintiff's possession.
Wrongful Distress.
Somewhat analogous to an action of replevin is an action for
wrongful distress—save that in the latter action the plaintiff
does not seek to recover his goods, but only compensation for
their seizure and sale. If a tenant fails to pay his rent at the
proper time, 2 his landlord has a right to distrain practically
i See 51 & 52 Vict. c. 43, as. 133—137.
2 In Child v. Edwards, [1909] 2 K. B. 753, Ridley, J., held that, if rentfell
due on a Sunday and was not paid on that day, the landlord could distrain on
the Monday. And see Gelmini v. Mbrig-gia, [1913] 2 K. B. 549.