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Abandonment

co, law, property, fed, pac, relinquishment and vessel

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ABANDONMENT. Relinquishment; re nunciation ; surrender.

Relinquishment of a right or of property with the intention of not reclaiming it or resuming its ownership or enjoyment. The relinquishment or surrender of rights or property by one person • to another. This last definition was in Hickman 'v. Link, 116 Mo. 123, 22 S. 'W. 472, there fore it is deemed proper to leave it undis turbed, although it is not technically accu rate as to all the sub-titles of Abandonment. This definition first appeared in the edition of 1867, in which the author of the title was Mr. Phillips, author of "Insurance," etc. Abandonment of rights or property generally cannot legally be made to a specified per son. As used in Insufance Law, however, it does involve the relinquishment of the property insured to a specified person—the insurer. As Mr. Phillips was not only an able writer on Insurance Law but also pres ident of an insurance company, he doubtless had the particular form of abandonment known in that branch of the law, most prom inent in his mind, and it is not improbable that the definition was not intended as a general one, but only of those forms of aban donment to which it applied. This seems manifest from the fact that the term is, cor reedy defined in the sub-titles with reference to their respective subject matters.

It is a matter of intention and consists in giving up a thing without reference to a particular person or purpose; there can be none to a definite person; Norman v. Corb ley, 32 Mont. 195, 79 Pac. 1059 ; or for a con sideration; Watts v. Spencer, 51 Or. 262, 94 Pac. 39. As applied to property rights it con sists of nonuser and intention; Alamosa Creek Canal Co. v. Nelson, 42 Colo. 140, 93 Pac. 1112. A transaction which fails as a sale cannot be converted into an abandon ment; Watts v. Spencer, 51 Or. 262, 94 Pac. 39. Abandonment implies a relinquishment to the public generally, or to the next comer —a surrender to a particular person not be ing an abandonment; Stephens v. Mansfield, 11 Cal. 363. Of two persons both interested in a water right, neither party can abandon to the other ; Norman v. Corbley, 32 Mont.

195, 79 Pac. 1059.

In Civil Law. The act by which a debt or surrenders his property for the benefit of his creditors; Merlin, Repert. See ABAN DONMENT FOB TORTS.

in Maritime Law. The act by which the owner of a ship surrenders the ship and freight to a creditor who has become such by contracts made by the master.

The effect of such abandonment is to re lease the owner from any further responsi bility. The privilege in case of contracts is limited to those of a maritime nature ; Po thier, Chart. Part. sec. 2, art. 2, § 51 ; Code de Commerce, lib. 2, tit. 2, art. 216. Similar provisions exist in England and the United States to some extent; 1 Par. Mar. Law, 395; Pope v. Nickerson, 3 Sto. 465, Fed. Cas. No. 11,274; American Transp. Co. v. Moore, 5 Mich. 368. Under the Act of Congress of 1851, March 3 (Rev. Stat. U. S. § 4285), the liability of the shipowners for a collision may be discharged by surrendering and as signing the vessel and freight to a trustee for the benefit of the parties injured, though these have been diminished in value by the collision ; when they are totally destroyed, it would seem that the owners are discharged ; Norwich Co. v. Wright, 13 Wall. (U. S.) 104, 20 L. Ed. 585; Wright v. Transp. Co., 8 Blatchf. 14, Fed. Cas. No. 18,087 ; overruling Walker v. Ins. Co., 14 Gray (Mass.) 288; Barnes v. Steamship Co., 6 Phila. 479, Fed. Cas. No. 1,021. This is not the case under the English statutes. 2 My. & Cr. 489; 15 M. & W. 391 ; 2 B. & Ad. 2.

Insurers notified that vessel is abandoned to them, after which owner and master take no steps to save vessel, does not relieve the insurers of liability on policy of insurance; The Natchez, 42 Fed. 169. A schooner was stranded and crew taken off by life-saving crew, the master expecting to return on board, and with no intention of abandoning her; a tug took schooner in tow to New York, and it was held that salvage service should be allowed; The S. A. Rudolph, 39 Fed. 331. A vessel is not abandoned unless its possesgion is voluntarily forsaken by its owner or master ; The Mary, 2 Wheat. (U. S.) 123, 4 L. Ed. 200.

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