Commentaries On the Laws of England in Four Books volume 3

Cover Commentaries On the Laws of England in Four Books volume 3
Commentaries On the Laws of England in Four Books volume 3
William Blackstone
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And if it be found to be in the diftreinor, the fherift' can proceed no farther ; but muft return the claim of property to the court of king's bench or common pleas, to be there farther profecuted, if thought advifable, and there liaally determined''.
But if no claim of property be puc in, or 'if (upon trial) the fiierifi's inqueft determines it agaijift the diftreinor ; then the flieriff" is to replevy the goods (making ufeof even force, if the diftreinor makes refiftance') in cafe the goods b
...e found within his county. But if the diftrefs be carried out of the county, or concealed, then the fiierifl" may return that the goods, or beafts, are eloigned^ elongata, carried to a diftance, to places to him un- }cnown: and thereupon the party replevying ihall have a writ of f a fias in withernam, ov i?ivetitonavuo y a term which iignifies a fecond o See pag. 19. Q Co. Litt. 14J. Finch. L. 4S0, r Finch. L. ^iC, r a Inlt. Ipj.
ch; 9.
W R O -N G S.
49 fecond or 're ip"ocal cUftrcfs% in lieu of the firft which was eloigned.


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