DERELICT. Abandoned ; deserted; cast away.
Land left uncovered by the receding of wa ter from its fOrmer bed. 2 Rolle, Abr. 170; 2 Bla. Com. 262; 1 Crabb, R. P. 109.
Personal property abandoned or thrown away by the owner in such manner as to indicate that he intends to make no further claim thereto. 2 Bla. Corn. 9; 1 C. B. 112; Broom, Max. 261; Goodenow v. Tappan, 1 Ohio 81; Jones's Adm'rs v. Nunn, 12 Ga. 473.
Dereliction or renunciation properly re quires both the intention to abandon and ex ternal action. Thus the casting overboard of articles in a tempest to' lighten the ship is not dereliction, as there is no intention of abandoning the property in the case of salvage. Nor does the mere intention of abandonment constitute dereliction of prop erty without a throwing away or removal, or some other external acts; Livermore v. White, 74 Me. 455, 43 Am. Rep. 600.
It applies as well to property abandoned at sea as on land; Rowe v. The Brig, 1 Mas. 373, Fed. Cas. No. 12,093; The Emulous, 1 Sumn. 207, Fed. Cas. No. 4,480 ; The Bos ton, 1 Sumn. 336, Fed. Cas. No. 1,673; 2 Kent 357. A vessel which is abandoned and deserted by her crew without any purpose on their part of returning to the ship, or any hope of saving or recovering it by their. own exertions, is derelict; 20 E. L. & Eq. 607; Mason v. The Blaireau, 2 Cra. (U. S.) 240, 2 L. Ed. 266; The JOhn Gilpin, Olc. 77, Fed. Cas. No. 7,345 ; Evans v. The Charles, 1 Newb. 329, Fed. Cas. No. 4,556; Montgomery v. The T. P. Leathers, 1 Newb. 421, Fed. Cas.
No. 9,736; The Attacapas, 3 Ware, 65, Fed. Cas. No. 637; The Laura; 14 Wall. (U. S.) 336. 20 L. Ed. 813.
The title of the owner to property lying at the bottom of the sea is not divested, however long it may remain there ; Mucphy v. Dunham, 38 Fed. 503 ; "because as goods lying at the bottom, they always await their owner ;" id.; after another has' taken them, the owner must follow them within, a year and a day ; id.; 5 Co. 105; 1 B. & Ad. 141, where the law is fully discussed; 3 Black Book, Adm. 439.
A vessel at least six miles from shore sub merged from midship to bow, her running rigging overboard and snarled fast, her boat gone, her cabin, etc., full of water, a distress flag set, and deserted by her crew, who had left no sign of an intention to return and were not visible, is prima facie derelict, though she was anchored and her master was intending to return to save her and had telegraphed for a wrecking vessel; The Ann L. Lockwood, 37 Fed. 233.
However long goods thrown overboard, may have been on the ocean, they do not become derelict by time, but will be restored on Ow payment of salvage, unless there was a vol untary intention to abandon them; Bee 82. The finder can only hold possession to enforce a lien for salvage ; Whitwell v. Wells, 24 Pick. (Mass.) 30. See SALVAGE; ABANDON MENT.