abandonment defined in 1939 yearabandonment - Abandonment (Fr. a bandon, at liberty);
abandonment - In law, the surrender of one's rights or privileges. The surrender must be voluntary and with full knowledge of all the circumstances. Coercion or fraud vitiates the abandonment. In legal actions the plaintiff may, at any time before the receipt of the defence, or after such receipt but before taking any other proceedings in the action,wholly discontinue or withdraw, by notice in writing, any part of his action, subject to the payment of costs occasioned by such withdrawal. If further proceedings have been taken, the leave of the court must be obtained, and the court may at any time order such discontinuance, subject to such order as to costs as may be just. A defendant cannot abandon his defence without leave.
There can be no abandonment in proceedings of a criminal nature. A crime is a public wrong which affects the whole community and the prosecution is in the name of the King as representing the community. The person against whom the wrong has been committed cannot elect to abandon the prosecution of the offender. To settle the matter with the wrongdoer is itself a criminal offenceâ€”compounding a felony. Where, however, the evidence is clearly insufficient to prove the commission of the offence by the prisoner, the prosecutor may, subject to approval of the judge, offer no evidence. The judge then directs the jury to find a formal verdict of Not Guilty, and the prisoner is discharged. The prison-t cannot be indicted and tried again for the offence. A prosecution may be determined by issuing a nolle prosequi by leave of the attorney-general. This usually occurs in cases where a civil action is pending arising out of the same circumstances as gave rise to the criminal proceedings, or where the defendant is being harassed by the prosecutor presenting defective indictments. A nolle prosequi puts an end to the prosecution, but the defendant may be re-indicted and tried for the offence alleged against him.
Things over which a person has ceased to exercise rights of ownership with the intention of abandoning his rights are res nidlius, nobody's goods, and they become the property of the first person who takes them with the intention of owning them. Goods are not abandoned merely because there is no apparent owner, and when things are lost they do not cease to belong to the owner. The owner has lost possession, but the property of the goods still resides in him. Hence the person who finds a thing has only a right in it until the true owner is found. If the finder keeps it with the intention of owning it, he commits an offence.
It is a criminal offence to abandon any child or young person in such manner as to cause suffering or injury, the seriousness of the crime depending on the circumstances in each case. It may be misdemeanour, punishable on summary conviction, or murder. See Children, Law concerning.
near abandonment in Knolik
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