RECAPTURE. In international law, a term having reference to the retaking by an armed ves sel of one belligerent or its ally of a prize cap tured by a vessel of the other belligerent from a subject or citizen of the first. To adjust the con flicting right: of original owner and recaptor, a legal fiction, the ju.s postliminii of the Romans, was devised. According to this rule the title to property recaptured from an enemy in war was reverted in the original owner upon payment of salvage to the recaptors. The rights of persons recaptured from the enemy were restored upon the payment of a certain sum. The amount of sal vage is determined by a prize court. in accordance with the law of the State to which the recaptor belongs. The law of the 'United States recog nizes the principle of reciprocity as regards the amount paid foreign vessels recapturing American vessels from the enemy. With regard to salvage
allowed domestic recaptors, the law prescribes from one-twelfth to one-half the value of the prize. according to the difficulty involved in mak ing the recapture and the character of the vessel. The law of France allows one-tenth ; that of Eng land, one-eighth; that of Spain, one-eighth to one sixth ; Denmark, one-third ; Sweden, one-half. According to the practice of the United States salvage is not allowed if the recapture takes place after condemnation by a prize court, since the title is regarded as having passed from the origi nal owner to the captor, and if sold by the court, the title of the purchaser is incontestible. The English practice is to restore the recaptured property to the original owner upon payment of salvage without regard to the time of recapture.