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RECAPTION Definition & Legal Meaning

Definition & Citations:

A retaking, or taking back. A species of remedy by the mere act of the party injured, (otherwise termed “reprisal,”) which happens when any one has deprived another of his property in goods or chattels personal, or wrongfully detains one’s wife, child, or servant. In this 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 it be not in a riotous manner, or attended with a breach of the peace. 3 Inst. 134; 3 Bl. Comm. 4; 3 Steph. Comm. 358; Prigg v. Pennsylvania. 16 Pet. 613, 10 L. Ed. 1060. It also signifies the taking a second dis tress of one formerly distrained during the plea grounded on the former distress. Also a writ to recover damages for him whose goods, being distrained for rent In service, etc., are distrained again for the same cause, pending the plea in the county court, or before tbe justice. Fitzh. Nat. Brev. 71.


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