United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
The first act, termed the Replevin Act, authorized any consignee of
merchandise, or any person lawfully entitled to the possession of
merchandise, held or detained for the payment of the duties imposed
upon the same by the nullified Acts of Congress, to recover possession
of the same, with {225} damages for its detention, by a writ of
replevin, that is, by a summary procedure executed by an officer of
the Commonwealth; and the Act authorized this officer, on initiation
of the plaintiff in replevin, to seize the private property of the
person detaining the merchandise to double the value of the latter, in
case this person should refuse to deliver the detained merchandise to
the sheriff, or should put it out of the sheriff's way, and to hold
the property so seized until the merchandise in question should be
produced and delivered to the sheriff.
This Act also authorized any person paying the nullified duties to
recover the money paid, with interest on the same, by an action, in a
court of the Commonwealth, for money had and received; and it
authorized any person suffering arrest or imprisonment by order of any
United States court, in execution of the nullified Acts, to demand the
privilege of the writ of habeas corpus, and to maintain an action for
unlawful arrest and imprisonment.
It declared the sale of any property seized by a United States court,
in execution of the nullified Acts, to be illegal, and ordained that
such sale should convey no title to the purchaser. It forbade any
officer of a court of the Commonwealth to furnish the record, or a
copy of the record, or allow a copy of the record to be taken, of any
case in which the validity of the nullified Acts or the nullifying
Acts should be drawn in question, under penalty of both fine and
imprisonment, and it forbade any person to attempt to recapture the
goods delivered by the sheriff to the plaintiff in replevin, under
threat of the same punishment.
It further forbade the keepers of the jails to receive and detain any
person arrested or committed by virtue of any proceeding for enforcing
the nullified Acts, under penalty of both fine and imprisonment; and
it imposed {226} a similar penalty upon the offence of hiring,
letting, or procuring any place to be used as a place of confinement
for such person.
Finally, it forbade any person to disobey, obstruct, prevent, or
resist any process allowed by this Act, under penalty of both fine and
imprisonment; and it threatened every plaintiff, who should bring suit
against any officer or person executing or aiding in the execution of
the provisions of this Act, with adverse judgment and double costs.
Public-domain text, read in full here on John Shaqi.
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