Capture

A taking, seizure. See Capere. In the law of marine insurance, any unlawful taking by force, including a piratical taking as well as such as is made jure belli.^ Synonymous with prize (g. v.), as used in Europe. The popular use of a taking by force or violence from without, to which a vessel in the course of a maritime adventure might be exposed, corresponds with the use in marine insurance." A taking by the enemy of a vessel or its cargo as prize, in time of open war, or by ' Bailey v. Clark, 21 Wall. 886-87 (1874), Field, J. " Sanger v. Upton, 91 U. S. 60, 47 (1875), Swayne, J. s [3 Bl. Com. 4. * Harris v. Lester, 80 III. 311 (1875). 'People V. Bennett, 37 N. T. 182 (1867); Exp. Bain, 121 U. S. 7 (1887): Starkie, Cr. PI. p. 287. 'Dole V. New England Mut. Mar. Ins. Co., 6 Allen, way of reprisal, with intent to deprive the owner of it.i This was probably the primary Idea in instruments of marine insurance. Losses of ships and cargo engaged in commerce, by the public enemy, were the most to be apprehended and provided against. But usage, and the course of decisions by the courts, have very much widened this meaning, and it now may embrace — The taking of a neutral ship and cargo by a belligerent jure belli; also, the taking forcibly by a friendly power, in time of peace, and even by the government itself to which the assured belongs, i Technically, a taking by military power; a seizure, a taking by civil authority. 2 " Captured property " may mean property seized or taken from hostile possession by the military or naval forces of the United States.' As to recapture, see Postliminy. See also Eansom.