Editing Replevin (section)

==Law of replevin in other jurisdictions==
In the 1899 case of ''McGregor v. McGregor'',<ref>''McGregor v. McGregor'', 6 BCR 432 (1899)</ref> Irving J of the [[British Columbia Supreme Court]] wrote:

{{blockquote|
An action of replevin may be brought

#where goods have been wrongfully distrained or
#where goods have been otherwise, i.e. otherwise than by distress, wrongfully taken or detained.

The word 'wrongfully' is applicable to both cases. 'Wrongfully  ... imports the infringement of some right, and any invasion of the civil rights of another is in itself a legal wrong, and the appropriate action for the violation of the legal right unconnected with contract is an action for tort. The early history of replevin action in England is traced (as) ... "The nature of the complaint in the action was for a tortious taking of the goods." Our British Columbia replevin action, which is wider than the English, gives the right to replevy to the party who could maintain trespass or trover. It is given, as it were, supplementary to, or in aid of, the remedy which those actions afford; but as all three actions, trespass, trover and replevin are classed ... as actions of tort, I think the action under our British Columbia statute is for the tortious taking or tortious detention of goods.
}}

Provisions analogous to replevin in the case of distraint are found in the [[Civil Code of Quebec]] (known as [[hypothec|movable hypothec without delivery]], at {{cite CCQ|2696}} ''et seq''.) and [[St Lucia]] (arts. 1888 ''et seq''.), which was reproduced in substance from French law, which is also in force in [[Mauritius]]. There are analogous provisions in the [[Spain|Spanish]] Civil Code (art. 1922).

Similar provisions are also found in:

* [[New South Wales]];<ref>[http://www.austlii.edu.au/au/legis/nsw/num_act/latao1899n18223.pdf ''Landlord and Tenant Act 1899''], Act No. 18, 1899, Part V</ref>
* [[Colony of Newfoundland|Newfoundland]];<ref>{{Cite canlaw|short title  =The Lodger's Goods Protection Act |abbr =S.N.|year =1899|chapter =4|link =http://collections.mun.ca/cdm/compoundobject/collection/cns_tools/id/74732}}, now repealed by the {{Cite canlaw|short title  =Obsolete Acts Repeal Act |abbr =S.N.|year =2006|chapter =13|link =http://www.assembly.nl.ca/legislation/sr/annualstatutes/2006/0613.chp.htm}}</ref>
* [[Ontario]] (not available without court order,<ref>{{Cite canlaw|short title  =An Act to Amend the Law of Replevin in Upper Canada |abbr =S.C.|year =1860|chapter =45|link =https://archive.org/stream/statutesprovinc00canagoog#page/n100/mode/2up}}, subsequently replaced by an interim order for recovery of personal property under the {{Cite canlaw|short title  =Courts of Justice Act, 1984|abbr =S.O.|year =1984|chapter =11|section =117|link =https://archive.org/stream/statutesofprovin1984ontauoft#page/90/mode/2up}} (now known as the {{Cite canlaw|short title  =Courts of Justice Act|abbr =R.S.O.|year =1990|chapter =C.43|section =104|link =http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c43_e.htm#BK142}})</ref> except with respect to [[distraint]] for commercial property<ref>{{Cite web |title=Canada - Landlord & Tenant - Leases - The Law Of Distraint Under A Commercial Lease In Ontario |url=https://www.mondaq.com/canada/landlord--tenant---leases/1151180/the-law-of-distraint-under-a-commercial-lease-in-ontario |access-date=2024-05-23 |website=www.mondaq.com}}</ref> rent, where a commercial tenant is to be given five days for tender of rent and expenses after distress);<ref>{{Cite canlaw|short title  =The Statute Law Revision Act, 1902|abbr =S.O.|year =1902|chapter =1|section =22|link =https://archive.org/stream/statutesofprovin1902onta#page/6/mode/2up}}, subsequently becoming {{Cite canlaw|short title  =An Act respecting Landlord and Tenant|abbr =R.S.O.|year =1897|chapter =342|section =16|link =https://archive.org/stream/revisedstatutes00ontagoog#page/n164/mode/2up}}, re-enacted as {{Cite canlaw|short title  =The Landlord and Tenant Act|abbr =S.O.|year =1911|chapter =37|section =52|link =https://archive.org/stream/statutesofprovin1911onta#page/308/mode/2up}}, and now known as the {{Cite canlaw|short title  =Commercial Tenancies Act|abbr =R.S.O.|year =1990|chapter =L.7|section =53|link =http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l07_e.htm#BK55}}</ref>
* [[Jamaica]] (Law 17 of 1900, certification of landlords bailiffs); and
* [[Queensland]].<ref>[http://www.austlii.edu.au/au/legis/qld/hist_act/lprao19044evn15396/ ''Legal Process Restriction Act 1904''], 4 Edw. VII, No. 15</ref>