|This is an unofficial archived version of The Replevin Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. R100
The Replevin Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act "sheriff' includes any officer to whom an execution or other process is directed.
Where deeds, documents of title whether relating to realty or personalty, bonds, debentures, promissory notes, bills of exchange, books of account, papers, writings, valuable securities, goods, chattels, or any personal property or effects, have been wrongfully distrained, or have been otherwise wrongfully taken or detained, the owner or other person capable of maintaining an action for damages therefor may bring an action of replevin for the recovery thereof, and of the damages sustained by reason of the distraint, taking, or detention.
Nothing herein authorizes the replevying or the taking out of the custody of a sheriff, or other officer of the Court of Queen's Bench, any property seized under process.
Where the property to be replevied, or any part thereof, is reasonably supposed to be secured or concealed in any dwelling house or other building or enclosure, of the defendant, or of any other person holding it for him, if the sheriff publicly demands at the door of that dwelling house, building, or enclosure, delivery of the property to be replevied, and the property is not delivered to him after the demand, he may, and shall if necessary, break open the dwelling house, building, or enclosure, for the purpose of replevying the property or any part thereof.
Where the property to be replevied, or any part thereof, is reasonably supposed to be concealed either about the person or on the premises of the defendant or of any other person holding the property for him, if the sheriff demands from the defendant or that other person delivery thereof, and delivery is neglected or refused, he may, and if necessary shall, search and examine the person and the premises of the defendant or other person for the purpose of replevying the property or any part thereof.