Legal Definition and Related Resources of Second deliverance
Meaning of Second deliverance
In practice. The name of a writ given by the statute of Westminster II. (13 Edw. I. 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 ad 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. Comm. 150; Pitzh. Nat. Brev. 68.
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This definition of Second Deliverance is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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