Abandonment

Relinquishment; surrender; desertion; waiver. Of Property. The relinquishment of property or right with intent not to reclaim the same. It implies a relinquishment to the public generally, or to the next comer; a surrender to a particular person not being an abandonment.

11 Cal. 363.

To constitute an abandonment there must be (1) an intent to abandon (21 Cal. 291; 49 Minn. 148; 49 N. Y. 346), and (2) an unequivocal act of abandonment (77 N. C. 186 j 42 Conn. 377; 116 Mo. 123). Mere nonuserisnot sufficient (61 Mo. 178; 15 N. H. 412); but abandonment may be presumed from long- Of Invention. Either a relinquishing of a contemplated invention before it is perfected, or a permitting of the use of an invention by the public, constitutes an abandonment of the invention to the public, and prevents the inventor from enforcing any exclusive claim to the same.

4 Fish. Pat. Cas. (U. S.) 300.

Of Duties. The willful and unauthorized desertion or forsaking of a duty, as a contract or a service, or of a person as to whom the abandoner is charged with a duty, as of a child by its parents, or of a wife by her husband. In case of abandonment of domestic relations, an intent to cause a permanent separation is necessary. See "Desertion." In connection with statutes punishing abandonment of wife or family it is synonymous with "desert."

Virtue v. People, 122 111. App. 224.

To Underwriters. The right of an insured, who has suffered a loss, to relinquish the residue to the underwriters, and claim for a total loss, though the insured property is capable of recovery and repair. This right is confined to marine insurance, unless specially given by the policy.

May, Ins. §421.

Fop Torts

The ancient right of the owner of an animal or of a slave which had committed an injury for which the owner was civilly liable to surrender it to the injured person in satisfaction. The doctrine has been applied to vessels, and authorizes the owner to surrender the vessel in satisfaction of a debt contracted by the master. By Rev. St. U. S. § 4285, the right to surrender a vessel and exonerate the owner from personal liability was extended to damages by collision.