Derelict

Abandoned; deserted; cast away. Land left uncovered by the receding of wa- Personal property abandoned or thrown away by the owner in such manner a indicate that he intends • irther claim thereto.

2 Bi Broom, Max. 2<J1; I v. Tappau 1 Ohio SI; Joint's Adm'rs v. Nunn, 1_ 47.;.

I (erelicl ion or renunciath quires both the intention ternai action. Thui of articles in a tempest to I, ship is not dereliction, as there- I of abandoning the; salvage. Nor does the men on of abandonment constitute dereli I li o erty withoui a throwing away or ren or son) external acts; Livermore v. White, 71 Me. 455, 43 Am. 1; It applies as well to property abandoned at sea as on land; Rowe v. The Brig, 1 Mas..••,7::. Led. «'as.

No. 12,093; dons, l Sumn. 207, l" d Cas. No. I Bos ton, l Sumn. 336, Fed. 673; 2 Kent 357.

A vessel which is abandoned and deserted by her crew without any purpose on their part of returning to the snip, or any hope of savim: or recovering it by their own exertions, is derelict; 20 E. L. & Eq. 607; Mason v. The Blaireau, 2 Cra. (TJ. S.) 240, 2 L. Ed. 266; The John Gilpin, 0 Fed. Cas. No. 7,345; Evans v. The Charles, l Newb. 329, Fed. Cas. No. 4,556; Montgomery v. The T. l'.

Leathers. 1 Newb. 421, No. 9,736; The Attacapas, 3 War. fas.

No. G:;7; The Laura, 14 Wall. (1;::;t;. 20 L. Ed. S13. The title of the owner to property lying at the bottom of the sea is nut div< however km;: it may remain there; Murphj v. Dunham, 38 I'd. 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 and a day; id.; 5 Co. l(i.">; 1 B. & Ad. 141. where the law is fully discussed; 3 Black Book. Adm. 439. A vessel at least six miles from shore sub-; from midship to bow. her running rigging overboard and snarled fast, her boat gone, her cabin, etc.. full of water, a dii flag set. and deserted by her crew, who had left no sign of an intention to return and were not visible, is prima facit 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, ■■' Led. 233. However long goods thrown overboard may have been on the ocean, they do net become derelict by time, but will be restored on the payment of salvage, unless there was a vol antary intention to abandon them; Bee B2. The finder can only hold possession to enforce a lien for salvage; Whitwell v. Wells. 24