英文法律词典 R-10

TO RECALL, international law. To deprive a minister of his functions; to supersede¹ him.

TO RECALL A JUDGMENT². To reverse a judgment on a matter, of fact; the judgment is then said to be recalled or revoked³, and when it is reversed for an error of law, it is said simply to be reversed, quod judicium reversetur.

RECAPTURE, war. By this term is understood the recovery from the enemy, by a friendly force, of a prize by him captured. It differs from rescue. (q. v.)

2. It seems incumbent⁴ on follow citizens, and it is of course equally the duty of allies, to rescue each other from the enemy when there is a reasonable prospect⁵ of success. 3 Rob. Rep. 224.

3. The recaptors are not entitled to the property captured, as if it were a new prize; the owner is entitled to it by the right of postliminium. (q. v.) Dall. Dict. mots Prises maritmies, art. 2, §4.

RECAPTION, remedies. The act of a person who has been deprived of the cus-tody of another to which he is legally entitled, by which he regains⁶ the peaceable custody⁷ of such person; or of the owner of personal or real property who has been deprived of his possession, by which he retakes possession, peaceably. In each of these cases the law allows the recaption of the person or of the property, provided he can do so without occasioning a breach⁸ of the peace, or an injury to a third person who has not been a party to the wrong. 3 Inst. 134; 2 Rolle, Rep. 55, 6; Id. 208; 2 Rolle, Abr. 565; 3 Bl. Comm. 5; 3 Bouv. Inst. n. 2440, et seq.

2. Recaption may be made of a person, of personal property, of real property; each of these will be separately examined.

3. - 1. The right of recaption of a person is confined to a hushand in re-taking his wife; a parent, his child, of whom he has the custody; a master, his apprentice⁹ and, according to Blackstone, a master, his servant; but this must be limited to a servant who assents¹⁰ to the recaption; in these cases, the party injured may peaceably enter the house of the wrongdoer, without a demand being first made, the outer door being open, and take and carry away the person wrongfully detained. He may also enter peaceably into the house of a person harboring, who was not concerned in the original abduction. 8 Bing. R. 186; S. C. 21 Engl. C. L. Rep. 265.

4. - 2. The same principles extend to the right of recaption of personal property. In this sort of recaption, too much care cannot be observed to avoid any personal injury or breach of the peace.

5. - 3. In the recaption of real estate the owner may, in the absence of the occupier, break open the outer door of a house and take possession; but if, in regaining¹¹ his possession, the party be guilty of a forcible entry and breach of the peace, he may be indicted¹²; but the wrongdoer or person who had no right to the possession, cannot sustain any action for such forcible regaining possession merely. 1 Chit. Pr. 646.