departure


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DEPARTURE, pleading. Said to be when a party quits or departs from the case, or defence, which he has first made, and has recourse to another; it is when his replication or rejoinder contains matter not pursuant to the declaration, or plea, and which does not support and fortify it. Co. Litt. 304, a; 2 Saund. 84, a, n. (1); 2 Wils. 98; 1 Chit. Pl. 619. The following example will illustrate what is a departure: if to assumpsit, the defendant plead infancy, and to a replication of necessaries, rejoin, duress, payment, release, &c., the rejoinder is a departure, and a good cause of demurrer, because the defendant quits or departs from the case or defence which he first made, though either of these matters, newly pleaded, would have been a good bar, if first pleaded as such.
     2. A departure in pleading is never allowed, for the record would, by such means, be spun out into endless prolixity; for he who has departed from and relinquished his first plea, might resort to a second, third, fourth, or even fortieth defence; pleading would, by such means, become infinite. He who had a bad cause, would never be brought to issue, and he who had a good one, would never obtain the end of his suit. Summary on Pleading, 92; 2 Saund. 84, a. n. (l); 16 East, R. 39; 1 M. & S. 395 Coin. Dig. Pleader, F 7, 11; Bac. Abr. Pleas, L; Vin. Abr. Departure; 1 Archb. Civ. Pl. 247, 253; 1 Chit. Pl. 618.
     3. A departure is cured by a verdict in favor of him who makes it, if the matter pleaded by way of departure is a sufficient answer, in substance, to what is before pleaded by the opposite party; that is, if it would have been sufficient, if pleaded in the first instance. 2 Saund. 84 1 Lill. Ab. 444.

DEPARTURE, maritime law. A deviation from the course of the voyage insured. 2. A departure is justifiable or not justifiable it is justifiable ill consequence of the stress of weather, to make necessary repairs, to succor a ship in distress, to avoid capture, of inability to navigate the ship, mutiny of the crew, or other compulsion. 1 Bouv. Inst. n. 1189.

References in periodicals archive ?
The Ministry of Land, Infrastructure, and Transport said a recent increase in air traffic flying over Beijing, China, has influence the departure times from the airport.
The departure lounge will be welcoming a Joes Coffee House unit, which will serve coffees, fruit juice and smoothies as well as freshly made sandwiches, salads, jackets and soups.
Those checking in online are requested to check in their baggage no later than two hours prior to departure.
Huw Vaughan Thomas, Auditor General for Wales, said: "Early departures provide public bodies with an opportunity to re-shape their workforce and make cost savings in a time of austerity.
the scheduled departure time for domestic flights due to security checks at airports.
PIA checkin counters close 45 minutes before departure time for International flights and 30 minutes before departure time for domestic flights.
Passengers should arrive at the airport at least two hours before domestic departures and three hours before international departures.
RAPT determines departure-route availability by calculating route blockage along departure routes that are defined by 4D-modeled flight trajectories.
All passengers are requested to be at the boarding gate no later than 35 minutes before departure and boarding gates will close 15 minutes before departure time.
Travellers have very clearly told us that the old departure fee process was an inconvenient extra step that did not help make an ideal final memory of New Zealand to take away with them," said Christchurch Airport Chief Executive Jim Boult.
Bologna airport operator Aeroporto Guglielmo Marconi di Bologna SpA (AGMB) has issued a tender for duty-free and duty-paid airside concessions in the Schengen and non-Schengen departure halls at the location, as well as office and warehouse space for those premises.
The text message check-in service is available for Finnair Plus members, allowing customers to bypass the normal check-in procedure and go directly to the departure gate if they are travelling in carry-on baggage only.