A schooner was stranded and crew taken off by life-saving crew. the master expecting to return on board, and with no intention of abandoning her: a tug took schooner in tow to New York, and it was held that salvage service should be allowed; 39 Fed. Rep. 331. Of Public Highway. Non-user of pub- lic alley for over 40 years in connection with affirmative acts of abandonment, justifies a finding that it cease to be a public high- way; 130 N. Y. 618; 56 Hun 288. En- croachment on public highway outside of travelled track and use thereof by a private party for 10 years did not necessarily show abandonment of the highway; 84 Mich. 54. Of Public Lands. Failure to pay in- terest on school lands for 15 years with no assertion of ownership will prevent asser- tion of title as against subsequent purchaser from the state who has been in possession of property for 10 years; 25 Neb. 420. Of Public Use. Discontinuance of the use of property for public purposes, as the abandonment of a railroad, public highway, or public land. Just what constitutes such an abandonment is a question to be deter- mined from the circumstances of each par- ticular case. Lewis, Eminent Domain (3rd ed.). § 862. Of R. R. Station. To move the stop- ping place of interurban cars three or four hundred feet, the better to serve the public, is not an "abandonment" of the station. 143 Ky. 520, 136 S. W. 1018. Of Rights. The relinquishment of a right. It implies some act of relinquish- ment done by the owner without regard to any future possession by himself, or by any other person, but with an intention to abandon; 14 M. & W. 789; 9 Metc. 395; 2 Flip. 309. Mere non-user does not neces- sarily or usually constitute an abandon- ment; 10 Pick. 310; 3 Strobh. 224; 5 Rich. 405; 16 Barb. 150; see Tud. Lead. Cas. 130; 2 Washb. R. P. 83. Abandonment is properly confined to in- corporeal hereditaments, as legal rights once vested must be divested according to law, though equitable rights may be aban- doned; 2 Wash. C. C. 106; 25 Pa. 259; 32 id. 401; 15 N. H. 412; see 1 Hen. & M. 429; and an abandonment combined with suffi- ciently long possession by another party destroys the right of the original owner; 10 Watts 192; 2 Metc. Mass. 32; 31 Me. 381; see also 8 Wend. 480; 3 Ohio 107;3 Pa. 141. There may be an abandonment of an easement; 5 Gray 409; 6 Conn. 298; 10 Humphr. 165; 16 Wend. 531; 16 Barb. 184; 3 B. & C. 332; of a mill site: 23 Pick. 216; 34 Me. 394; 4 M'Cord 96; 7 Bingh. 682; an application for land; 2 S. & R. 378; of an improvement; 3 S. & R. 319; of a trust fund; 3 Yerg. Tenn. 258; of an invention or discovery; 1 Stor. 280; 4 Mas. 111; prop- erty sunk in a steamboat and unclaimed; 18 La. An. 745; a mining claim; 6 Cal. 510; a right under a land warrant; 23 Pa. 271. An easement acquired by grant is not lost by non-user; 160 Mass. 361. The burden of proof rests on the party claiming abandonment of an easement; 137 Ν. Υ. 317. ine question of abandonment is one of fact for the jury; 2 Washb. R. P. 82; 49 Ν. Υ. 346; 77 N. C. 186; 16 Pa. 320. The effect of abandonment when acted. upon by another party is to divest all the owner's rights: 6 Cal. 510; 11 Ill. 588. Con- sult 2 Washb. R. P. 56, 82, 85, 253. See also Curtis, Pat. §381; Walk. Patents § 87; Ewell, Fixt.; Thomp. Homest.; Dicey, Dom. 90.