recaptionn.
/rᵻˈkapʃn/, /(ˌ)riːˈkapʃn/, U.S. /riˈkæpʃ(ə)n/ 1. Law.† a. Distraint for a second time; an instance of this. Obsolete.
ΘΚΠ
society > law > administration of justice > general proceedings > legal seizure or recovery of property > [noun] > seizing lands or goods > attachment of person or property for debt > seizure of goods > for a second time
recaption1607
1607 J. Cowell Interpreter sig. Hhh4v/1 Recaption..signifieth a second distresse of one formerly distreined for the selfe same cause, and also during the plee grounded upon the former distresse.
1641 Rastell's Termes de la Ley (new ed.) f. 20 If a man be convict before the sherife in the County of a Recaption, he shall be but amerced.
1728 E. Chambers Cycl. Recaption, in Law, a second Distress of one formerly distrain'd for the same Cause, and also during the Plea grounded on the former Distress.
1841 Penny 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.
1848 J. J. S. Wharton Law Lexicon Recaption, the taking a second distress of one formerly distrained. [Also in later dictionaries.]
b. A writ issued in favour of a person who has been distrained twice, and requiring the return of the distrained goods. Usually more fully as writ of recaption. Now historical and rare.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs to claim or recover property
writ of aiela1325
replevin1465
action of detinue1467
formedon1495
writ of mesnec1523
livery?1530
post-disseisin1532
cape1588
writ of besaile1598
escheat1607
praecipe quod reddat1607
recaption1607
monstrance of right1651
writ of tresayle1772
1607 J. Cowell Interpreter sig. Hhh4v/1 Recaption..likewise signifieth a writ lying for the party thus destreined.
a1625 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.
1718 tr. E. Lutwyche Rep. Resol. Court 1 47 There was another proper Remedy in this Case, viz. a Writ of Recaption.
1768 W. Blackstone Comm. Laws Eng. 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.
1841 Penny 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.
1875 Amer. Cycl. XIV. 273 If, while a replevin for a former distress was pending, a man distrained again for the same rent of service, the party..could have a writ of recaption and recover the goods with damages.
1937 Univ. Toronto Law Jrnl. 2 40 Fitzherbert is dealing only with the writ of recaption, and in an action upon the writ, he says, if one is convicted before the sheriff he will be amerced and render damages for the contempt.
2. Capture for a second time; = recapture n. 1. Now rare.
ΘΚΠ
society > armed hostility > victory > [noun] > capturing > recapturing
retaking1436
reception1622
recaption1655
recapture1676
the mind > possession > taking > seizing > catching or capture > [noun] > again
reprinse1592
reprisal1612
recaption1655
recapture1676
1655 J. Griffith Let. 27 Mar. in Coll. State Papers J. Thurloe (1742) III. 304 Myselfe and others..at present cannot effect our desires of his [sc. Richard Maleverer's] recaption.
1676 C. Molloy De Jure Maritimo i. i. 5 If such a Recaption is by one of the King of Englands Ships of War, their Restitution has been made, the Party relieved paying his offering to the Admiral, commonly called Salvage Mony.
1766 Chron. in Ann. Reg. 76/2 The king and the magistrates of that city have offered a reward of 100l. each for her re-caption.
1805 H. H. Brackenridge Mod. Chivalry Pt. I II. iii. vii. 61 Explaining at full length, the circumstance of his absconding, [he] wished to know the place of his seclusion, and the means of his recaption.
1830 Amer. Ann. Reg. 1827–9 III. (Local Hist. & Domestic Occurrences) 95/1 A sheriff is not obliged to swear to his plea of voluntary return or recaption of a prisoner.
1965 Univ. Chicago Law Rev. 32 269 States whose penalty provision was not limited to recaption of persons released from criminal commitment.
3. Law. The peaceable seizure, without legal process, of property of one's own which has been wrongfully taken or withheld; the recovery of one's spouse or child from wrongful detention. Chiefly U.S. in later use.
ΘΚΠ
society > law > administration of justice > general proceedings > legal seizure or recovery of property > [noun] > seizing lands or goods > recovery of stolen goods
recaption1756
1756 W. Blackstone Anal. Laws Eng. iii. 74 Of the first sort [of redress from the sole act of the party injured] are..Recaption of goods.
1838 Brit. & Foreign Rev. 7 314 Even a special writ of habeas corpus granted to the father for the recaption of his child would be useless out of the jurisdiction of the law.
1894 Hist. Coll. Michigan Pioneer & Hist. Soc. 22 444 A party had wrongfully come into possession of some property, and Hall had heard Judge Riggs say that it might be recovered by..recaption.
1923 Calif. Law Rev. 11 262 Recaption of moveables..is apparently permitted when it is from the thief.
1947 B. N. Cardozo Paradoxes Legal Sci. 131 Even in times more placid, the railroads may have to submit to the recaption by the government of a share of their earnings beyond a certain maximum percentage.
2001 D. E. Fehrenbacher & W. M. McAfee Slaveholding Republic vii. 207 In the Ordinance of 1787.., the fugitive slave clause was essentially a recognition of the right of recaption.
This entry has been updated (OED Third Edition, June 2009; most recently modified version published online March 2022).
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n.1607