Recaption definition

Recaption





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2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Recaption \Re*cap"tion\ (r[-e]*k[a^]p"sh[u^]n), n. (Law)
     The act of retaking, as of one who has escaped after arrest;
     reprisal; the retaking of one's own goods, chattels, wife, or
     children, without force or violence, from one who has taken
     them and who wrongfully detains them. --Blackstone.
     [1913 Webster]


  
     {Writ of recaption} (Law), a writ to recover damages for him
        whose goods, being distrained for rent or service, are
        distrained again for the same cause. --Wharton.
        [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  RECAPTION, remedies. The act of a person who has been deprived of the 
  custody of another to which he is legally entitled, by which he regains the 
  peaceable custody of such person; or of the owner of personal or real 
  property who has been deprived of his possession, by which he retakes 
  possession, peaceably. In each of these cases the law allows the recaption 
  of the person or of the property, provided he can do so without occasioning 
  a breach of the peace, or an injury to a third person who has not been a 
  party to the wrong. 3 Inst. 134; 2 Rolle, Rep. 55, 6; Id. 208; 2 Rolle, Abr. 
  565; 3 Bl. Comm. 5; 3 Bouv. Inst. n. 2440, et seq. 
       2. Recaption may be made of a person, of personal property, of real 
  property; each of these will be separately examined. 
       3.-1. The right of recaption of a person is confined to a husband in 
  re-taking his wife; a parent, his child, of whom he has the custody; a 
  master, his apprentice and, according to Blackstone, a master, his servant; 
  but this must be limited to a servant who assents to the recaption; in these 
  cases, the party injured may peaceably enter the house of the wrongdoer, 
  without a demand being first made, the outer door being open, and take and 
  carry away the person wrongfully detained. He may also enter peaceably into 
  the house of a person harboring, who was not concerned in the original 
  abduction. 8 Bing. R. 186; S. C. 21 Eng. C. L. Rep. 265. 
       4.-2. The same principles extend to the right of recaption of personal 
  property. In this sort of recaption, too much care cannot be observed to 
  avoid any personal injury or breach of the peace. 
       5.-3. In the recaption of real estate the owner may, in the absence of 
  the occupier, break open the outer door of a house and take possession; but 
  if, in regaining his possession, the party be guilty of a forcible entry and 
  breach of the peace, he may be indicted; but the wrongdoer or person who had 
  no right to the possession, cannot sustain any action for such forcible 
  regaining possession merely. 1 Chit. Pr. 646. 
  
  

















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