second deliverance

1 definition found

second deliverance - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  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.