RECAPTION. The act of a person who has been deprived of the custody of another, to which he is legally entitled, by which he regains the peaceable custody of such person ; or of the owner of yersonal or real property who has been deprived of his possession, by which he retakes possession peaceably.
2. In each of these cases the law allows the reception of the person or of the property, provided he can do so without occasioning a breach of the peace or an injury to a third person who has not been a party to the wrong. Coke, 3d Inst. 134; 2 Rolle, 55, 208 ; 2 Rolle, Abr. 565 ; 3 Blackstone, Comm. 5; 3 Bouvier, Inst. n. 2440 et seq.
The right of reception of a person is con fined to a husband, in retaking his wife ; a parent, his child, of whom he has the cus tody ; a master, his apprentice; and, accord ing to Blackstone, a master, his servant,—but this must be limited to a servant who assents to the reception: in these cases, the party injured may peaceably enter the house of the wrong-doer, without a demand being first made, the outer door being open, and take and carry away the person wrongfully de tained. He may also enter peaceably into
the house of a person harboring, who was not concerned in the original abduction. 8 Bingh. 186.
3. The same principles extend to the right of reception of personal property. In this sort of reception too much care cannot be observed to avoid any personal injury or ureach of the peace.
In the reception of real estate, the owner may, in the absence of the occupier, break open the outer-door of a house and take pos session ; but if in regaining his possession the party be guilty of a forcible entry and breach of the peace, he may be indicted ; but the wrong doer, or person who had no right to the possession, cannot sustain any action tor such forcible regaining possession mereky. 1 Chitty, Pract. 646.