If the insurers accept an abandonment either expressly or by implication, the transfer becomes irrevocable, unless revoked by mutual consent. But either party may waive the rights acquired by it. If, however, the insurers refuse to accept the abandonment, it may be revoked at any time before they change their minds and accept it; and if the insurers are silent in respect to an abandonment, it may be revoked at any time before they either by word or by act indicate their acceptance.

An interference of the owner with the property abandoned, or his disposition of it, would not amount to a revocation, or a waiver of his rights, if his interference were such and the circumstances were such, as to indicate that he therein acted as the agent of the insurers. (b)

(y) Peele v. Merchants Ins. Co. 8 Mason, 81; Badger v. Ocean Ins. Co. 28 Pick. 847. See Griswold v. N. T. Ins. Co. 1 Johns. 205, 3 Johns. 321; Thelluson v. Fletcher, 1 Esp. 73.

(z) See cases, ante. (a) Bee Hammond v. Bases Int. Co. 4

Mason, 196; M'Bride 9. Marine Ins. Co. 7 Johns. 481.

(b) See Brown v. Smith, 1 Dow, P. C. 349; Catlett v. Pacific Ins. Co. 1 Wend. 561,1 Paine. C. C. 594; Abbott v. Broome, 1 Caines, 292; Walden v. Phoenix Ins. Co. 6 Johns. 810.

yol.ii.