SECOND DELIVERANCE
(bouvier) | SECOND DELIVERANCE, practice. The name of a writ given by statute of
Westminster the second, 13 Edw. 1. c. 2, founded on the record of a former
action of replevin. 2 Inst. 341. It commands the sheriff, if the plaintiff
make him secure of prosecuting his claim, and returning the chattels which
were adjudged to the defendant by reason of the plaintiff's default, to make
deliverance. On being nonsuited, the plaintiff in replevin might, at common
law, have brought another replevin, and so in infinitum, to the intolerable
vexation of the defendant. The statute of Westminster restrains the
plaintiff When nonsuited from so doing, but allows him this writ, issuing
out of the original record, in order to have the same distress delivered
again to him, on his giving the like security as before. 3 Bl. Com. 150,;
Hamm. N. P. 495; F. N. B. 68; 19 Vin. Ab. 1.
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