navigable channel before 9 o'clock in the morning, and who knows of the disaster before noon, utterly to fail, for almost ten hours, to obey the federal statute, in a case where it could have been fully complied with in an hour's time.14 595. Statutory Provision for Removal of Wrecks.-The act of Congress approved March 3, 1899, ch. 425, gives the Secretary of War authority to remove and dispose of wrecks that obstruct the navigable waters of the United States.15 This statute does not of itself deprive the states of their police power to remove such obstruction from waters within their own territorial jurisdiction,16 but it has been held that a state cannot by statute authorize its officers to cause the removal of any wreck which in their opinion is injurious to the harbor, "at the expense of the owner," unless the obstruction occurs with the privity or knowledge of such owner, because such statute is in conflict with the policy of the federal limited liability acts and invalid.17 There is some conflict of authority as to whether an owner was compelled at common law to remove at his own expense a vessel sunk without his fault. Under British statutes imposing the cost of removal upon the owner, it has been held that, if the, vessel was abandoned, the former owner was not within the meaning of the statute. In case of transfer of title to the wreck, the expense of removal under the statute falls upon the owner at the time of removal and not the owner at the time of the disaster; but the underwriter who subsequently and before removal has paid as for a total loss is not the owner within this rule.18 596. Derelicts.-Property is derelict in the maritime sense of the word when it is abandoned without hope of recovery or without intention of returning. A mere quitting of a ship for the purpose of procuring assistance from shore, or with an intention of returning to her again, is not an abandonment. The intention which determines the question, however, is the intention at the time the vessel is left, and if at that time the intent is such as to constitute an abandonment, a purpose subsequently formed to return and resume possession is not material.19 Nor is an actual return for a temporary purpose, after the accomplishment of which the master and crew again leave the vessel. An intention on the part of the owners of a wrecked vessel ultimately to rescue her does not affect her character as a derelict, where she has been allowed to remain in 14. Note: L.R.A.1915E 541. 15. Hagan v. Richmond, 104 Va. 723, 52 S. E. 385, 3 L.R.A. (N.S.) 1120. 16. Hagan v. Richmond, 104 Va. 723, 52 S. E. 385, 3 L.R.A. (N.S.) 1120. 17. Hagan v. Richmond, 104 Va. R. C. L. Vol. XXIV.-92. 723, 52 S. E. 1457 385, 3 L.R.A. (N.S.) And see supra, par. 18. Note: 3 L.R.A. (N.S.) 1120. 19. Merrill v. Fisher, 204 Mass. 600, 91 N. E. 132, 134 A. S. R. 706, 17 Ann. Cas. 937 and note. a wrecked condition for some time. It makes no difference in the character of the property as derelict whether the abandonment arises from necessity or accident, or is voluntary. On the other hand, a mere intention to abandon does not constitute a vessel derelict if the crew are still on board when succor arrives. It has been held that a vessel may become a legal derelict on navigable streams and tidewaters as well as upon seacoasts or the ocean. Other property than vessels and cargoes may be derelict, upon the same principles. Thus, it has been held that money found upon a dead body which was picked up by a vessel was to be regarded as derelict in proceedings to recover salvage.20 Property found derelict at sea before it comes to land is said to be either flotsam, jetsam, or ligan, and becomes the property of the crown as "droits of admiralty." It may, however, be reclaimed by the owner if he appears within a year and a day, otherwise it vests absolutely in the crown.1 20. Note: 17 Ann. Cas. 937, 940, 1. Note: 55 Am. Dec. 512. And se supra, par. 593. 941. 1458 INDEX. The numbers in this index refer to pages. N.B. A part of the article "Sales" is in volume 23 and references under Abbreviations C. a. f., 23-1335 Parol evidence not admissibie to vary settled meaning, 23-1399 Burden of proving acceptance, Damages for breach of implied. Defects in quality as waived by Defects not discoverable on rea- Mortgage by buyer as evidence of Necessity before action for price, Partial acceptance, effect, 23-1443 acceptance, 23-1439 Refusal to accept, statement of Resale as evidence of acceptance, Return in case of nonacceptance, 23-1438 Use of property as evidence of ac- SALES continued. Acceptance of goods continued. Waiver of delay in delivery, 23- 1444 What constitutes acceptance, 23- Acceptance of proposal, see Offer Actions against buyer for damages- Market value, 120 Resale on buyer's account, neces- Time of bringing action, 115 Adequacy of remedy by action for Damages for nondelivery, 68 Actions for price- Acceptance of goods by buyer, Ascertainment of price, 23-1279 Breach of warranty as defense, Counterclaim, 104 Countermand of order as defense, Defenses, 100 Delivery before action, necessity. Effect of right to retake goods, Expense of keeping property for Failure to give note under credit Form of action, 98 Fraud as defense, 103 Joinder and splitting of causes, Limitation of actions, 98 Pleading defenses, 108 Refusal of buyer to accept deliv- Refusal of buyer to accept goods Tender of goods before action, Time to sue, 95 Waiver of right of rescission, 326 Weighing or measuring as con- dition precedent, 23-1279 Adequacy of buyer's remedy at law, sale by description, 224 Agent of seller, authority to receive Agents, see Purchasers and sales by Alteration of contract of sale, effect, Ambiguities, parol evidence to ex- Barrenness as breach of warranty Breach of warranty of soundness, Breeding qualities, implied war- Defects constituting unsoundness, Implied warranty, 202 Increase as subjects of sale, 23- Misrepresentations in sales, 347 Soundness, warranty not implied, Sterility as breach of warranty of Unsoundness, defects constitut- Unsoundness, proof of, 228 Unsoundness within meaning of Vice as unsoundness, 227 Buyer's right to stop performanse Circumstances affecting measure Damages, 23-1412 time for performance, 23–1408 facture, right of buyer, 23-1411 Assent of parties to contract of sale, Materials to be manufactured, 23- Mutuum of civil law as sale, 23- Particular product not required Distinction between barter and Sale as exclusive of barter, 23- "Sale" of intoxicating liquors, 23- Bawdy house, articles sold for use Financial condition of parties, im- |