derelict

To constitute a case of derelict, the abandonment must have been final, without hope of recovery, or intention to return. If the crew have left the ship temporarily, with intention to return after obtaining assistance, it is no abandonment, nor will the libellant be entitled to the salvage as of a derelict

Abandoned; deserted; cast away. Land left uncovered by the receding of water from its former bed. 2 Ro Ue, Abr. 170; 2 Bl. Comm. 262; 1 Crabb, Real Prop. 109. When so left by degrees, the derelict land belongs to the owner of the soil adjoining; but when the sea retires suddenly, it belongs to the government. 2 Bl. Comm. 262; 1 Brown, Civ. Law, 239; 1 Sumn. (U. S.) 328, 490; 1 Gall (U. S.) 133; Bee, Adm. (U. S.) 62, 178, 260; Ware (U. S.) 332. 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 Bl. Comm. 9; 2 Reeve, Hist. Eng. Law, 9; 1 C. B. 112; Broom, Leg. Max. Vessel 261. DERELICTION (Lat. derelictio). The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion (q. V.) 2 Rolle, Abr. 170; Dyer, 326b; 2 Bl. Comm. 262; 1 Steph. Comm. 419. The abandonment of property. 2 Bl. Comm. 9. DERIVATIVA POTESTAS NON POTEST esse major primitiva. The power which Is derived cannot be greater than that from which it is derived. Wingate, Max. 36; Finch, Law, bk. 1, c. 3, p. 11.

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

Forsaken; abandoned; deserted ; cast away. 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 Bl. Comm. 9; 2 Reeve, Eng. Law, 9. Land left uncovered by the receding of water from its former bed. 2 Rolle, Abr. 170; 2 Bl. Comm. 262; 1 Crabb, Real Prop. 109.

In maritime law. A boat or vessel found entirely deserted or abandoned on the sea, without hope or Intention of recovery or return by the master or crew, whether resulting from wreck, accident, necessity, or voluntary abandonment. U. S. v. Stone (0. C.) 8 Fed. 243; Cromwell v. The Island City, 1 Black, 121, 17 In Ed. 70; The Hyderabad (D. C.) 11 Fed. 754; The Fairfield (D. C.) 30 Fed. 700; The Aquila, 1 C. Rob. 41.

— Quasi derelict. When a vessel, without being abandoned, is no longer under the control or direction of those on board, (as where part of the crew are dead, and the remainder are physically and mentally incapable of providing for their own safety,) she is snid to be quasi derelict. Sturtevant v. Nicholaus, 1 Newb. Adm. 449, Fed. Cas. No. 13,578.

Left, as land by retiring of the sea; cast away, abandoned, as goods thrown away; deserted, as a vessel at sea.

Forsaken; abandoned; deserted; cast away. 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 Bl.Comm.9; 2 Reeve, Eng. Law, 9. Land left uncovered by the receding of water from its former bed. 2 Rolle, Abr. 170; 2 Bl. Comm, 262; 1 Crabb, Neal Prop. 109.

2 Relinquished, deserted,.abandoned. Dereliction. The state of being abandoned or oast away; also, the thing itself of which this is predicated. 1. Land left uncovered by the receding of water from its former bed.^ Sometimes called "reliction." See Alluvion. 3. Anything thrown away or abandoned with intention to relinquish claim of ownei-ship thei'eto. In the civil law the voluntary abandonment of goods by the owner, without the hope or purpose of returning to the possession.* Dereliction or renunciation of goods requires both the intention to abandon and external action.^ The right of appropriating a derelict is one of universal law. It existed in a state of nature, and is only modified by society, according to the discretion of each community." See Abandon, 1. 3. Specifically, maritime property entirely deserted. It is sufficient that the thing is found deserted or abandoned upon the seas, whether it arose from accident or necessity, or voluntary dereliction... A thing was not d Srelict in the civil law unless the owner voluntarily abandoned it without any further claim of property in it.^ The abandonment must be iinal, without hope of recovery or intention to return. It is not sufificieut that the crew have left temporarily, as, to procure assistance.^ ' A case of " guasi-derelict " occurs when the vessel is not abandoned, but those on board are physically and mentally incapable of doing anything for their safety.^ See Salvage.

Left; deserted Derivativa potestas A derived power Dernier ressort,/r. Des,/r. Erom; of. from now henceforward. Descender, /r. To Descensus to Uit

[Lat. derelictus, derelicturn.] Left, forsaken; as land left dry by the retiring of the sea. 1 Crah Vs Real Prop. 109. Dyer, 326 b. Abandoned, cast or thrown away; as goods wilfully cast away by the owner on land, or thrown overboard at sea. Inst. 2. 1. 46. Bract, fol. 8. 2 Reeves* Hist. 9. 2 Bl. Com. 9. Pro derelict© habetur quod dominus ea mente abfecerit, ut id in num^ro rerum suarum esse nolit; ideoque statim dominus efus esse desinit. That is regarded as, or held for derelict, which the owner has cast away with the intention of never again considering as his property; and therefore he immediately ceases to be its owner. Inst. ub. sup. See Derelictum. Deserted or abandoned, as a vessel voluntarily deserted at sea. 2 Kent's Com. 357. 3 Id. 245. Property is derelict, in the maritime sense of the word, when it is abandoned without hope of recovery, or without an intention of returning. 1 Gallison's R. 133. 1 Mason's R, 373, 374. 1 Sumner's R. 207, 336, 400. Ware's R. 43. 2 Kent's Com. 357, note. 3 Id. 246, note.

civil law, are goods voluntarily abandoned by their owner; he must, however, leave them, not only ste spe revertendt, but also sine antmo fevertendt; his intention to abandon them may be inferred by a great length of time during which he may have been out of possession, without any attempt to regain it. 1 Bro. Civ. Law, 239; 2 Bro. Civ. Law, 51; Wood’s Civ. Law, 156; 19 Amer. Jur. 219, 223, 222; Dane’s Ab. Index, h. t.