| 释义 |
recaption|rɪ-, riːˈkæpʃən|
[f. re- + caption n.]
1. Law.
a. A second distress (see quots.).
1607Cowell Interpr. s.v., Recaption..signifieth a second distresse of one formerly distreined for the selfe same cause, and that during the plea grounded upon the former distres. 1641Termes de la Ley 20 If a man be convict before the sherife in the County of a Recaption, he shall be but amerced. 1753in Chambers Cycl. Supp. 1841Penny Cycl. XIX. 402/2 If after goods have been replevied, and before the suit has been decided, the defendant makes another distress for the same cause, such second distress is called a recaption.
b. (Also writ of recaption.) A writ issued in favour of one who has been distrained twice.
1607Cowell Interpr. s.v., Recaption..likewise signifieth a writ lying for the party thus destreined. a1625Sir H. Finch Law (1636) 447 Recaption is for him whose goods being distreined before for rent or seruices,..are distreyned again for the same thing. 1768Blackstone Comm. III. 150 If, pending a replevin for a former distress, a man distreins again for the same rent or service, then the party is not driven to his action of replevin, but shall have a writ of recaption. 1841Penny Cycl. XIX. 402/2 If the landlord.., finding the goods of B upon the land,..distrains them for the same rent, no writ of recaption lies.
2. Law. The peaceful seizure without legal process of one's own property wrongfully taken or withheld.
1768Blackstone Comm. III. 22 Though I may retake my goods if I have a fair and peaceable opportunity, this power of recaption does not debar me from my action of trover or detinue. 1769Ibid. IV. 336 Recaption is unlawful, if it be done with intention to smother or compound the larciny; it then becoming the heinous offence of theft-bote.
†3. = recapture 1. Obs. rare—1.
1766Chron. in Ann. Reg. 76/2 The king and the magistrates of that city have offered a reward of 100l. each for her re-caption. |