Legal Definition and Related Resources of Recaption
Meaning of Recaption
Literally it means retaking or taking back. It was a species of remedy at common law where a man deprived of his goods or wife, child or servant by reason of another Wrongfully detaining such goods, wife, child or servant may peaceably, if he can, claim and retake them. A writ of recaption was a remedy allowed to the owner of goods against a second distress .
Recaption Alternative Definition
The act of a person who has been deprived of the custody of another, to which he is legally entitled, by which he peaceably regains the custody of such person; or of the owner of personal or real property, who has been deprived of his possession, by which he peaceably retakes possession. The rule of law is that one who has been wrongfully deprived of a person to whose custody he has a right (3 Bl. Comm. 4; 15 Barb. [N. Y.] 590; 13 Pick. [Mass.] 36; 19 Ga. 27), or of property, real or personal, to the possession of which he is entitled (11 N. H. 540; 13 Wend. [N. Y.] 256; 25′ Vt. 620; 18 Minn. 355; 5 Watts [Pa.] 543), may, without legal process, retake the same wherever he may find it, if he can do so without a breach of the peace (11 Pick. [Mass.] 387; 73 N. Y. 529), though it is held in England (10 C. B. [N. S.] 713), and in some states (6 Rand. [Va.] 457; 59 111. 234), that so much force as is necessary may be used.
Related Entries of Recaption in the Encyclopedia of Law Project
Browse or run a search for Recaption in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Recaption in Historical Law
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Legal Abbreviations and Acronyms
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Notice
This definition of Recaption is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Recaption in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of recaption.
Resources
See Also
- Caption
- Reprisal
Resources
See Also
- Law Enforcement Officer
- Police
- Law Enforcement Agency
Further Reading
- recaption in A Dictionary of Law Enforcement (Oxford University Press)
- recaption in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
Recaption
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