The  underwriters  cannot  waive  the  owner's  right,  and  get
property  in  the  vessel  without  the  owner's  consent

^'  But  an  act  by  an  agent  may  be  subsequently  ratified  and
confirmed  by  the  principal.  Has  there  been  such  a  ratifica-
tion here  ?  There  is  no  doubt  that  there  has  been  an  assent,
at  some  time,  as  a  demand  for  a  total  loss  was  made  prior  to
the  commencement  of  the  suit.  An  abandonment  must  be  in
a  reasonable  time.  This  is  a  material  right  possessed  by  the
underwriter.  Must  the  ratification  be  governed  by  the  same
rule,  as  to  time,  with  the  original  abandonment  ?  The  ordi-
nary rule  of  the  law  of  agency  is,  that  a  ratification  may  be


328  MASSACHUSETTS.
The  Gloucester  Insurance  Company  v.  Tonnger.
«

made  at  any  time.  But  is  there  not  something  peculiar  in
the  case  of  an  abs^ndonment  ?

^^  The  reason  why  an  abandonment  is  justified  and  held
good  in  a  case  not  actually  one  of  total  loss,  is  that  the  under-
writer may  take  the  vessel  and  use  her  to  the  best  advantage.
