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Depart

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[L. Lat. departire, decedere,'\ In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one.

See Departure.

In old English law

To divide or separate; to part; (L. Fr. departir.) CotoeU. See Departir, In maritime law. To leave a port; to be out of a port. To depart imports more than to sail or set sail. A warranty in a policy that a vessel shall depart on or before a particular day is a warranty not only that she shall sail, but that she shall be out of the port on or before that day.

Z M,Jb S, 461. 3 Ken Vs Com, 307, note. Cowen, J., 3 ^i;r«jB. 118, 126.