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

You might be interested in the historical meaning of this term. Browse or search for Recaption in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Recaption in the Legal Abbreviations and Acronyms Dictionary.

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Related topics Recaption in the World Encyclopedia of Law


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.


See Also

  • Caption
  • Reprisal


See Also

  • Law Enforcement Officer
  • Police
  • Law Enforcement Agency

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