Recaption

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.

The act of a person who has been deprived of the custody of another, to which he is legally entitled, by which he regains the peaceable custody of such person; or of the owner of personal or real property who has been deprived of his possession, by which he retakes possession peaceably. In each of these cases the law allows the recaption of the person or of the property, provided he can do so without occasioning a breach of the peace or an injury to a third person who has not been a party to the wrong. Co. 3d Inst. 134; 2 Rolle, Abr. 565; 3 Bla. Com. 5. The right of recaption of a person is confined to a husband, in retaking his wife; a parent, his child, of whom he has the custody; a N mastor, his apprentice; and, according to Blackstone, a master, his servant, — but this must be limited to a servant who assents to the (recaption; in these cases, the party injured may peaceably enter the house of the wrong doer, without a demand being first made, the outer door being open, and take and carry away the person wrongfully detained. He may also enter peaceably into the house of a person harboring, who was not concerned in the original abduction; 8 Bingh. 186. The same principles extend to the right of recaption of personal property. The true owner of goods wrongfully taken may retake them if he can, even from a third party, using (it is said) whatever force is reasonably necessary; Bollock. Torts 361; and may enter, for that purpose, on the first taker’s land, but not on a third person’s land, unless, it is said, the original taking was felonious, or, perhaps, after the goods have been claimed and the occupier of the land has refused to deliver them up; id. In the recaption of real estate, the owner may, in the absence of the occupier, break open the outer door of a house and take possession; hilt if in regaining his possession the party be guilty of a forcible entry and breach of the peace, he may be indicted; but the wrong-doer, or person who had no right to the possession, cannot sustain any action for such forcible regaining possession merely; 1 Chitty, Br. 646. See Cooley Bollock, Torts.

A retaking, or taking back; a species of remedy by act of the party injured, when one has deprived another of his property in goods or chattels personal, or wrongfully detains his wife, child or servant; called also reprisal.

See Caption, 1; Reprisal.

1. A retaking, reprisal; as of ond distress upon one formerly distrained 3. A writ for the party so distrained, for

Taking a second time; applied to an arrest of a person who has been before arrested for the same cause, but has escaped. Recaption, or reprisal, is a species of remedy by the mere act of the party injured, and is resorted to when any one has deprived another of his property in goods or personal chattels, 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 that it be not in a riotous manner, or attended with a breach of the peace, which retaking is termed "recaption." There is also a writ of recaption to recover damages against a person who (pending a replevin for a former distress) distrains a man again for the same rent or service. Brown, Recaption signifies: 1. The taking a second distress of one formerly distrained during the plea grounded on the former distress. 2. A writ to recover damages for him whose goods, being distrained for rent in service, &c., are distrained again for the same cause, pending the plea in the county court, or before the justice. (Fitzh. Nat. Brev. 71.) 3. A species of remedy by the mere act of the party injured, when any one has deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant, and the owner, husband, parent, or master, retakes them. Wharton.