Blacks Law Dict. 1st ed

REPORT OF COMMITTEE

REPLEGIARE

1024

showing, no merits, and cannot have by any man- ••r of statement 1 Chit PL 687, 888. REPLEGIARE. To replevy; to redeem a thing detained or taken by another by put ting in legal sureties. REPLEGIARE DE AVERIIS. In old English practice. Replevin of cattle. A writ brought by one whose cattle were dis trained, or put in the pound, upon any cause by another, upon surety given to the sheriff to prosecute or answer the action in law. Cowell. REPLEGIARI FACIAS. You cause to be replevied. In old English law. The original writ in the action of replevin; su perseded by the statute of Marlbridge, c. 21. 3 Bl. Comm. 146. REPLETION. In canon law. Where the revenue of a benefice is sufficient to fill or occupy the whole right or title of the graduate who holds it. Wharton. REPLEVIABLE, or REPLEVIS ABLE. Property is said to be repleviable or replevisable when proceedings in replevin may be resorted to for the purpose of trying the right to such property. REPLEVIN. A personal action ex de licto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it is the mode of contesting, if the party from whom the goods were taken wishes to have them back in specie, whereas, if he prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a redelivery to the owner of the pledge or thing taken in distress. Wharton. REPLEVISH. In old English law. To let one to mainprise upon surety. Cowell. REPLEVISOR. The plaintiff in an ac tion of replevin. REPLEVY. This word, as used in ref erence to the action of replevin, signifies to redeliver goods which have been distrained, to the original possessor of them, on his pledging or giving security to prosecute an action against the distrainor for the purpose of trying the legality of the distress. It has also been used to signify the bailing or liber ating a man from prison on his finding bail to answer for his forthcoming at a future time. Brown.

REPLIANT, or REPUCANT. A liti. gant who replies or files or delivers a repli. cation. REPLICARE. Lat. In the civil law and old English pleading. To reply; to an swer a defendant's plea. REPLICATIO. Lat. In the civil law and old English pleading. The plaintiff's answer to the defendant's exception or plea; corresponding with and giving name to the replication in modern pleading. Inst. 4, 14, pr. REPLICATION. In pleading. A re ply made by the plaintiff in an action to the defendant's plea, or in a suit in chancery to the defendant's answer. REPLY. In its general sense, a reply is what the plaintiff, petitioner, or other per son who has instituted a proceeding says in answer to the defendant's case. Sweet. On trial or argument. When a case ia tried or argued in court, the speech or argu ment of the plaintiff in answer to that of the defendant is called his "reply." Under the practice of the chancery and common-law courts, to reply is to file or de liver a replication, (q. v.) Under codes of reformed procedure, "re ply" is very generally the name of the plead ing which corresponds to "replication" in common-law or equity practice. REPONE. In Scotch practice. To re place ; to restore to a former state or right. 2 Alis. Crim. Pr. 351. REPORT. An official or formal state ment of facts or proceedings. In practice. The formal statement in writing made to a court by a master in chan cery, a clerk, or referee, as tbe result of his inquiries into some matter referred to him by the court. The name is also applied (usually in the plural) to the published volumes, appearing periodically, containing accounts of the va rious cases argued and de ermined in the courts, with the decisions thereon. Lord Coke defines "report" to be "a public rela tion, or a bringing again to memory cases judicial ly argued, debated, resolved, or adjudged in any oi the king's courts of justice, t Dgether with such causes and reasons as were delivered by th« judges of the same " Co. Litt. 293. REPORT OF COMMIT TEE. The re port of a legislative com mitt ,e is that com munication which the chairman of the com« mittee makes to the house at the close of tht

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