Capture
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CAPTURE, war. The taking of property by one belligerent from another.
2. To make a good capture of a ship, it must be subdued and taken by an
enemy in open war, or by way of reprisals, or by a pirate, and with intent
to deprive the owner of it.
3. Capture may be with intent to possess both ship and cargo, or only
to seize the goods of the enemy, or contraband goods which are on board: The
former is the capture of the ship in the proper sense of the word; the
latter is only an arrest and detention, without any design to deprive the
owner of it. Capture is deemed lawful, when made by a declared enemy,
lawfully commissioned and according to the laws of war; and unlawful, when
it is against the rules established by the law of nations. Marsh. Ins. B. 1,
c. 12, s. 4.See, generally, Lee on Captures, passim; 1 Chitty's Com. Law,
377 to 512; 2 Woddes. 435 to 457; 2 Caines' C. Err 158; 7 Johns. R. 449; 3
Caines' R. 155; 11 Johns. R. 241; 13 Johns. R.161; 14 Johns. R. 227; 3
Wheat. 183; 4 Cranch, 436 Mass. 197; Bouv. Inst. Index, h.t.