is where one takes a distress
or other thing, and the other sues replevin
. In which case the taker shall justify, in his plea
, for what cause he took it, and if he took it in his own right, is to show it, and so avow
the taking—which is called his avowry
. If he took it in the right of another, when he has shown the cause, he is to make conusance
of the taking, as being a bailiff
or servant to him in whose right he did it.