单词 | writ of recaption |
释义 | > as lemmaswrit of recaption 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. < as lemmas |
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