Archives of Maryland, Volume 0194, Page 0129 - Alexander's British statutes in force in Maryland. 2d ed., 1912

Alexander's British statutes in force in Maryland. 2d ed., 1912

Volume 194, Page 129 View pdf image (33K)

13 E. 1, STAT. 1, C
shall deliver unto him the
Beasts or Cattel before re-
turned, and the Distrainor
shall be attached to come at a
certain Day before the Jus-
tices, afore whom the Plea
was moved in Presence of the
Parties. (T) And if he that
replevied make Default again,
* or for another Cause Return of the Distress be award-
ed, being now twice replevied,
the Distress shall remain irre-
pleviable; 1 8) but if a Distress
be taken of new, and for a new
Cause, the Process abovesaid
shall] be observed in the same
new Distress.

AP. 2, REPLEVIN. 129
eret ei averia vel catalla prius
retoruata & attachietur qui
distrinxit ad veniendum ad
cerium diem coram justiciariis
corani quibus placitum dedu-
catnr in presentia parti urn.
Et si iterate ille qui replegi-
averit fecerit defaltam \'el alia
occasione adjudicetur retur-
num districtiouis jam bis 98
replegiate remaneat districtio
ilia iniperpetiiuni h'replegiabi-
li.s set si de novo & de nova
causa fiat districtio de nova
districtione servetur processus
supradictus.

The Mischiefs which Lords distraining their Tenants did suffer. A
Recordare to remove a Plaint out of the County, 16 H. 7, f. 1. Regist. 83,
Pledges to prosecute the Suit, and to make Return. Dyer, 188. 2 H. 6, 16.
8 Ed. 3, 72. 9 H. 6, 42- Fitz. Return des Avers, 35. Cro. Car. 594. A Writ
of Second Deliverance, Dyer, 41. 59. Kel. 92. 26 H. 8, 6. 21 H. 7, 28. 12
H. 7, 4. A Distress irrepleviable. 14 H. 7, 6. Dyer, 280. Fitz. Return des
Avers, 6, 15, 18, 19, 24, 26, 32, 33, 34, 35.
The sheriffs here were never responsible officers as in England, and never
held Courts. No instance of replevin by plaint has been found in Maryland;
and the writ of recordare, &c. is not in use. It is said that in the records
of the Provincial Court in 1714, some instances of writs of replevin are to
be found issued from the Court of Chancery. But the proceedings generally
appear to have been under the common law, the writs issuing from the
Provincial Court, and afterwards from the General Court and from the
County Courts, and being returnable thereto respectively. The Act of June
1773, ch. 1, concerning estates tail and the jurisdiction of County Courts,
and which expired in 1786, provided that writs of replevin might issue from
the County Courts returnable to them. The Act of 1785, ch. 87, sec. 1, con-
tinued this jurisdiction. And by the Acts of 1804, ch. 55, and 1805, ch. 16,
the jurisdiction of the County Courts was confirmed. The writ of pone ap-
pears to have been in use to remove replevins from the County Courts to the
General Court, at the instance both of plaintiff and defendant, 2 Harr. Ent.
245, 715. It was also used in cases where the defendant in replevin did not
appear to compel an appearance, 2 Harr. Ent. 714. However, now by the
(»)

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Alexander's British statutes in force in Maryland. 2d ed., 1912

Volume 194, Page 129 View pdf image (33K)

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