This case involves a tort doctrine known as "recaption
" of "chattel[s]," (3) and the conduct in taking the watch back can be perfectly legal.
(305) RESTATEMENT (Second), supra note 303, [section] 101(1) ("The use of reasonable force against another for the purpose of recaption
is privileged if the other...
(59.) CHASE, supra note 41, at 97 ("It is certainly incumbent, then, on those who claim, that, by the constitution, the general law and presumption in favor of liberty are set aside to give room for this right of recaption
, to make out a clear case, and produce express words.").
(16 Pet.) 539, 613 (1842) (holding that the common law right of "recaption
" applies to human property as recognized in the Fugitive Slave Clause).
User-based taxonomies may result in nonsensical results, whether intentional or not, e.g., I Can Has Cheezburger , where viewers are invited to recaption
By the following Wednesday they could watch cinema footage of the recaption
in the weekly newsreel Ufa-Tonwoche (Ufa weekly with sound), produced by Universum-Film.
(123.) In addition, private parties could not retain the self-executing constitutional "right" of recaption
of their fugitive slave "property" under the rule of Prigg v.
Basically, her article deals with the "Recaption
[representation?] of textile motifs in Indian art [Gandhara to Ajanta] and their influence on the paintings of Xinjiang", to use the title of the English summary.
In an opinion by Justice Joseph Story, the Court unanimously held that slaveowners entering free states carried with them the law of their home states, giving them the right of "recaption
" of their slaves without any need to observe local state law or resort to local courts.
Convey supposedly was so taken by the recaption
of his radio exposition here that he uprooted his family and set out to get involved in the local broadcasting industry.
(c) Resistance of Lawful Re-entry or Recaption
. The use of force
Slavery had been declared a creature of "positive" (statutory) law - indeed, "repugnant" to the common law - shortly before the American Revolution.(19) However, in both Northern and Southern courts, slavery statutes were enforced by common law actions (e.g., habeas corpus and recaption
, an ancient writ to recover villeins) as a matter of right.