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Capture is the taking of property by one belligerent from another. To make a good capture of a ship, it must be subdued and taken by an enemy in open war, or by way of reprisals, or by a pirate, and with intent to deprive the owner of it.
Capture is deemed lawful when made by a declared enemy, lawfully commissioned and according to the laws of war. It is unlawful when it is against the rules established by the law of nations.