ABANDONMENT

The surrender, re- linquishment, disclaimer, or cession of prop- erty or of rights. In marine insurance. A relinquish- ment or cession of property by the owner to the insurer of it, in order to claim as for a total loss, when in fact it is so by construc- tion only. 2 Steph. Comm. 178. The exer- cise of a right which a party having insured goods or vessels has to call upon the insurers, in cases where the property insured has, by perils of the sea, become so much damaged as to be of little value, to accept of what is or may be saved, and to pay the full amount of the insurance, as if a total loss had actu- ally happened. Park, Ins. 143; 2 Marsh. Ins. 559; 3 Kent, Comm. 318–335, and notes. Abandonment is the act by which, after a constructive total loss, a person insured by contract of marine insurance declares to the insurer that he relinquishes to him his inter- est in the thing insured. Civil Code Cal. § 2716. The term is used only in reference to risks in navigation; but the principle is applicable in fire insurance, where there are remnants, and sometimes, also, under stipulations in life policies in favor of creditors. In maritime law. The surrender of a vessel and freight by the owner of the same to a person having a claim thereon arising out of a contract made with the master. See Poth. Chart. § 2, art. 3, § 51. By husband or wife. The act of a hus- band or wife who leaves his or her consort willfully, and with an intention of causing perpetual separation. "Abandonment, in the sense in which it is used in the statute under which this proceed- ing was commenced, may be defined to be the act of willfully leaving the wife, with the intention of causing a palpable separation be- tween the parties, and implies an actual de- sertion of the wife by the husband." 60 Ind. 279. In French law. The act by which debtor surrenders his property for the benefit of his creditors. Merl. Repert. "Abandon- ment."

The relinquish- ment or surrender of rights or property by one person to another. In Civil Law. The act by which a debtor surrenders his property for the ben- efit of his creditors; Merlin, Repert. By Husband or Wife. The act of a husband or wife who leaves his or her con- sort wilfully, and with an intention of caus- ing perpetual separation. When a wife voluntarily "leaves her hus- band," and lives in adultery, by voluntarily adopting the adulterous relation in the hus- band's enforced protracted absence from his home, it is an "abandonment." 110 Ky. 328, 61 S. W. 360. See DESERTION. Of Homestead. A person occupying homestead lets the premises to tenant at will, naming price at which he would sell, and then leaves to earn a livelihood, but with intention to return, held there was no proof of abandonment; 75 Ia. 631. One whose dwelling was destroyed by fire applied to another for material to rebuild, saying if aid was refused he must abandon his homestead right, held that this was insufficient to jus- tify a finding that the homestead had been abandoned; 39 Minn. 193. Temporary ab- sence, but with intention to reoccupy, will not forfeit homestead: 56 Ark. 621. In California to constitute abandonment of homestead, required declaration to that effect, signed, acknowledged and recorded. Mere removal with or without intention of returning does not constitute abandonment; 71 Cal. 325; 100 U. S. 104; 29 Minn. 20. Removal from state permanently and res- idence elsewhere, terminates right of home- stead, although laid off and allowed before such removal; 91 Ga. 367. Criminal Law. Where a man indicted for seduction under a statute, marries the prosecuting witness and the prosecution is suspended, and later he deserts his wife, upon such "abandonment" the prosecution shall be renewed. 154 Ky. 201, 157 S. W. In Insurance. The transfer by an as- sured to his underwriters of his interest in the insured subject, or the proceeds of it, or claims arising from it; so far as the sub- ject is insured by the policy, in order to recover as for a total loss; Tyser, Mar. Ins. § 20. The term is used only in reference to risks in navigation; but the principle is appli- cable in fire insurance, where there are remnants, and sometimes also under stipula- tions in life policies in favor of creditors: 2 Phil. Ins. SS 1490, 1514, 1515; 3 Kent 265; 16 Ohio St. 200: 6 East 72. The doctrines which have obtained in marine insurance of constructive total loss and abandonment, salvage and general average, are not applicable in fire insur- ance; May, Ins. § 421 a; 39 Ark. 264. The object of abandonment being to re- cover the whole value of the subject of the insurance, it can occur only where the sub- ject itself, or remains of it, or claims on account of it, survive the peril which is the occasion of the loss; 2 Phil. Ins. § 1507, 1516; 2 Pars. Mar. Ins. 120; 36 Eng. L. & Eq. 198; 3 Kent 321; 3 Bing. N. C. 266. In such case the assured must elect, immedi- ately on receiving intelligence of a loss, whether to abandon, and not delay for the purpose of speculating on the state of the markets; 2 Phil. Ins. § 1667. He may have a reasonable time to inspect the cargo, but for no other purpose; 3 Kent 320. He must give notice promptly to the insurer of his intention; five days held too late; 5 M. & S. 47: see L. R. 5 C. P. 341. Notice of the abandonment of a vessel need not be given to insurers or reinsurers where there is a constructive total loss; 2 Beach. Ins. §§ 955, 956; 15 Q- B. D. 11; and delay in giving no- tice, if it does not prejudice the insurer, will not affect the rights of the insured; 24 Fed. Rep. 279. In cases of actual total loss, notice of abandonment is unnecessary; Ty- ser, Mar. Ins. § 33. In America, it appears that the right of abandonment is to be judged by the facts of each particular case as they existed at (the time of abandonment; 3 Mas. 27; 2 Phil. Ins. § 1536; 12 Pet. 378. In England, the abandonment may be effected by subse- quent occurrences, and the facts at the time of action brought determine the right to recover; 4 M. & S. 394; 2 Burr. 1198. But this rule has been doubted in England; 2 Dow 474; 3 Kent 324. By the doctrine of constructive total loss, a loss of over one-half of the property in- sured, or damage to the extent of over one- half its value, by a peril insured against, may be turned into a total loss by abandon- ment; 2 Beach, Ins. § 948; 3 Johns. Cas. 182; 1 Gray 154. This does not appear to be the English rule; 9 C. B. 94; 1 H. of L. 513. See 4 Am. L. Reg. 481; 1 Gray 371. The right is waived by commencing re- pairs; 2 Pars. Mar. Ins. 140; Tyser, Mar. Ins. § 26, o Mas. 429; 3 Wend. 658; 5 Cow. 63; 4 App. Cas. 755; but not by temporary repairs; 2 Phil. Ins. §§ 1540; but is not lost by reason of the enhancement of the loss through the mere negligence or mis- takes of the master or crew. It is too late to abandon after the arrival in specie at the port of destination; 2 Pars. Mar. Ins. 128; 4 H. of L. 24;

[Lat. cessio, derelictio, destitutio.] The relinquishment, cession, or surrender of a right, or of property, by one person to, or for another. See Cession. The giving up a thing absolutely, without reference to any particular person or purpose; as throwing a jewel into the highway; leaving a thing to itself, as a vessel at sea; desertion, or dereliction. 2 Bl. Com. 9, 10. See Dereliction. The voluntary leaving of a person to whom one is bound by a particular relation, as a wife, husband, or child. See Malicious Abandonment. [Fr. delaissement, abandon.] In marine insurance. A relinquishment, or cession of property by the owner to the insurer of it, in order to claim as for a total loss, when in fact it is so by construction only. 2 Steph. Com. 178.-The exercise of a right which a party having insured goods or vessels has to call up the insurers, in cases where the property insured has, by perils of the sea, become so much damaged as to be of little value, to accept of what is, or may be saved, and to pay the full amount of the insurance, as if a total loss had actually happened. Park on Ins. 143. 2 Marshall on Ins. 559. 3 Kent's Com. 318335, and notes. Its effect is to transfer to the underwriter only that interest of the insured which is covered by the policy. 2 Arnould on Ins. 1159. 6 Ohio State R. 200. Abandonment may be made either by a formal instrument called a deed of cession; or, which is more usual, by letter, no particular form being necessary. 6 Cranch R. 268. 1 Wash. C. C. R. 400, 530. See 18 Pick. R. 83. Peters' Digest, Abandonment. United States Digest, Abandonment, Insurance. [Lat. cessio.] In French law. The act by which a debtor surrenders his property for the benefit of his creditors. Merlin Repert. Abandonment.

The act of abandoning, or the state of being abandoned; total desertion; relinquishment. The abandonment of the independence of Europe. Burke. The relinquishment by the insured to the underwriters of what may remain of the property insured after a loss or damage by a peril insured against. (a) The relinquishment of a right, claim, or privilege, as to mill site, etc. (b) The voluntary leaving of a person to whom one is bound by a special relation, as a wife, husband, or child; desertion. Careless freedom or ease; abandon. [R.] Carlyle.

The act of abandoning, or the state of being abandoned; total desertion; relinquishment. | The voluntary leaving of a person to whom one is bound by a special relation, as a wife, husband or child; desertion. | An abandoned building or structure. | The relinquishment of a right, claim, or privilege; relinquishment of right to secure a patent by an inventor; relinquishment of copyright by an author. | The relinquishment by the insured to the underwriters of what may remain of the property insured after a loss or damage by a peril insured against. | The cessation of service on a particular segment of the lines of a common carrier, as granted by a government agency. | A refusal to receive freight so damaged in transit as to be worthless and render carrier liable for its value. | The self-surrender to an outside influence. | Abandon; careless freedom or ease; surrender to one's emotions.