Recaption in United States
Recaption Definition
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.
Recaption in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Recaption | Recaption in the World Legal Encyclopedia. |
| Recaption | Recaption in the European Legal Encyclopedia. |
| Recaption | Recaption in the Asian Legal Encyclopedia. |
| Recaption | Recaption in the UK Legal Encyclopedia. |
| Recaption | Recaption in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Recaption
Scan Recaption in the appropriate area of law:
| Link | Description |
|---|---|
| Recaption | Recaption in the Family Law Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the IP Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Commercial Law Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Criminal Law Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Antritrust Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Tax Law Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Recaption | Recaption in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Recaption in the Dictionaries | Recaption in our legal dictionaries |
| http://lawi.us/recaption | The URI of Recaption (more about URIs) |
| Recaption related entries | Find related entries of Recaption |
Legal Issue for Attorneys
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.
Notice
This definition of Recaption is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.