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DEPART Definition & Legal Meaning

Definition & Citations:

In pleading. To forsake or abandon the ground assumed in a formerpleading, and assume a new one. See DEPARTURE.In maritime law. To leave a port; to be out of a port. To depart imports more thanto sail, or set sail. A warranty in a policy that a vessel shall depart on or before aparticular day is a warranty not only that she shall sail, but that she shall be out of theport on or before that’day. 3 Maule & S. 461; 3 Kent, Comm. 307, note. “To depart”does not mean merely to break ground, but fairly to set forward upon the voyage. Moirv. Assur. Co., 6 Taunt. 241; Young v. The Orpheus, 119 Mass. 185; The Helen Brown(D. C.) 28 Fed. 111.

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