recaption

recaption
At common law, a retaking, or taking back. A species of remedy by the mere act of the party injured (otherwise termed "reprisal"), which happens when any one has deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant. In this 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. Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539, 612, 10 L.Ed. 1060.
It also signifies the taking a second distress of one formerly distrained during the plea grounded on the former distress.
See also distraint
Also, formerly, a writ to recover damages for him whose goods, being distrained for rent in service, etc., are distrained again for the same cause, pending the plea in the county court, or before the justice

Black's law dictionary. . 1990.

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  • recaption — in English law, the taking back of goods or a person wrongly detained so long as this is carried out without riot or breach of the peace. Collins dictionary of law. W. J. Stewart. 2001. recaption …   Law dictionary

  • 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… …   The Collaborative International Dictionary of English

  • recaption — re‧cap‧tion [riːˈkæpʆn] noun [uncountable] LAW when goods etc that have been taken by someone are taken back by their owner, either because they were taken illegally or because of certain conditions in a contract: • What financial relief does a… …   Financial and business terms

  • recaption — 1. noun The lawful claim and recovery, by a person, of goods wrongly taken from him 2. verb To assign a new caption to. The newspaper was forced to recaption the photograph to avoid a libel suit …   Wiktionary

  • recaption — /ree kap sheuhn/, n. Law. the taking back without violence of one s property or a member of one s family or household unlawfully in the possession or custody of another. [1600 10; RE + CAPTION] * * * …   Universalium

  • recaption — rɪː kæpʃn n. recapture of an escaped criminal; recovery of seized goods, retaking of confiscated property …   English contemporary dictionary

  • recaption — re·cap·tion …   English syllables

  • recaption — /riˈkæpʃən/ (say ree kapshuhn) noun Law the remedy of retaking one s goods, wife, child, or servant, without a breach of the peace, from someone who has taken them. {re + caption} …  

  • recaption — See recapture; reprisal …   Ballentine's law dictionary

  • recaption — rə̇ˈkapshən noun Etymology: re + Latin caption , captio act of taking, seizing more at caption : the act of retaking; specifically : the peaceable retaking of one s own goods, chattels, wife, or children from one who has take …   Useful english dictionary

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