Recaption - Law Dictionary Search Results
Home Dictionary Name: recaptionRecaption
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....
Recaption
The act of retaking as of one who has escaped after arrest reprisal the retaking of ones own goods chattels wife or children without force or violence from one who has taken them and who wrongfully detains them...
Reprisal
Reprisal, the taking one thing in satisfaction for another. Reprisals are used between nation and nation, in order to do themselves justice, when they cannot otherwise obtain it. If a nation has taken possession of what belongs to another-if she refuses to pay a debt, to repair an injury, or to give adequate satisfaction for it-the latter seizes something belonging to the former, and applies it to her own advantage, unless she obtains payment of what is due to her, together with interest and damages, or may keep it as a pledge until she has received ample satisfaction. For the latter it is rather a stoppage or a seizure than reprisals, but they are frequently confounded in common language, Vattel, by Chit. 283. Reprisals are either ordinary, as arresting and taking the goods of merchant-strangers within the realm, or extra-ordinary, as satisfaction out of the realm, and are under the Great Seal, Lex Mercat. 120. See also RECAPTION; CAPIAS IN WITHERNAM; LETTERS OF MARQUE.The use of forc...
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