recaption


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Recaption

Regaining possession of; taking back.

Recaption is a Common Law remedy exercised by an individual who has been wrongfully deprived of goods. Through recaption, the owner may lawfully claim and retake goods whenever he or she finds them, as long as this is done in an orderly and legal manner. An individual who removes his borrowed car that was not returned to him from his neighbor's driveway is exercising recaption.

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.

RECAPTION, remedies. 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. 3 Inst. 134; 2 Rolle, Rep. 55, 6; Id. 208; 2 Rolle, Abr. 565; 3 Bl. Comm. 5; 3 Bouv. Inst. n. 2440, et seq.
     2. Recaption may be made of a person, of personal property, of real property; each of these will be separately examined.
     3.-1. The right of recaption of a person is confined to a husband in re-taking his wife; a parent, his child, of whom he has the custody; a master, 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 wrongdoer, 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 Bing. R. 186; S. C. 21 Eng. C. L. Rep. 265.
     4.-2. The same principles extend to the right of recaption of personal property. In this sort of recaption, too much care cannot be observed to avoid any personal injury or breach of the peace.
     5.-3. 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; but if, in regaining his possession, the party be guilty of a forcible entry and breach of the peace, he may be indicted; but the wrongdoer or person who had no right to the possession, cannot sustain any action for such forcible regaining possession merely. 1 Chit. Pr. 646.

References in periodicals archive ?
Intuitively, this reading is an awkward fit for recaption of chattels, though it does fit well with a citizen's arrest case.
Even if it is counterintuitive to see private parties as stand-ins for public officials when they engage in self-defense or recaption of chattels, that view could still be the actual legal point of view.
As others have noted, there is limited case law on recaption or necessity doctrines.
Whether or not self-help is always about holding someone accountable or about getting satisfaction (I doubt that recaption of chattels is best seen in that way), a broadly Lockean view can aid our understanding.
Notably, this point applies to recaption of chattels.
More importantly, courts could plausibly think that they are facilitating a type of justice when they allow for self-defense or recaption of chattels by private parties, acting on their own behalf.
1965) (recognizing the defense of recaption of chattels).
section] 102 ("The use of force against another for the purpose of recaption is not privileged unless the actor is entitled as against the other to the immediate possession of the chattel.
In any case, the matter is disposed of because the bailee who acquiesces in recaption by the debtor has "suffered" a transfer.
90) A report issued by Senator Kennedy detailed a litany of violations by both schools and lenders, including, but not limited to: monetary compensation for placement on preferred lender lists, (91) bribes with non-monetary "treats," (92) hosting recaptions for universities in exchange for more loans, (93) the offering of positions on lender advisory boards to financial aid officers (which often resulted in the receipt of lavish gifts), (94) stakes in the lending company, and plain monetary bribery to individuals.