In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See DEPARTURE.
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. 3 Maule A S. 461; 3 Kent, Comm. 307, note. “To depart” does not mean merely to break ground, but fairly to set forward upon the voyage. Moir v. A8sur. Co., 6 Taunt. 241; Young v. The Orpheus, 119 Mass. 185; The Helen Brown (D. C.) 28 Fed. 111.