Recaption - Definition - Law Dictionary Home Dictionary Definition recaption

Definition :

Recaption, the taking a second distress of one formerly distrained, during the plea grounded on the former distress; and it was a writ to recover damages for him whose goods, being distrained for rent, or service, etc., were distrained again for the same cause, pending the plea in the County Court or before the justices, Fitz. N.B. 71.

It is also a species of remedy by the mere act of the party injured. This happens when anyone has deprived another of his property, in goods or chattels personal, or wrongfully detains one's wife, child, or servant, in which case the owner of the goods, and the husband, parent, or master, may lawfully claim and retake them, wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace, 3 Bl. Com. 4.

At common law, lawful seizure of another's pro-perty for a second time to secure the performance of a duty, Black's Law Dictionary, 7th Edn., p. 1274.