NE EXEAT REPUBLICA (Lat.). In Practice. The name of a writ issued by a court of chancery, directed to the sheriff, reciting that the defendant in the case is indebted to the complainant, and that he designs golng quickly into parts without the state, to the damage of the complainant, and then commanding-him to cause the defendant to give bail in a certain sum that he will not leave the state without leave of the court, and for want of such bail that he, the sheriff, do commit the defendant to prison.
2. This writ is issued to prevent debtors from escaping from their creditors. It amounts, in ordinary civil cases, to nothing more than process to hold to bail, or to com pel a party to give security to abide the de cree to be made in his case. 2 Kent, Comm. 32 ; 1 Clark, 551 ; Beames, Ne Exeat ; 13 Viner, Abr. 537 ; 1 Suppl. to Ves. Jr. 33, 352, 467; 4 Ves. Ch. 577; 5 id. 91 ; Bacon, Abr. Prerogative (C); 8 Comyns, Dig. 232 ; 1 Blackstone, Comm. 138 ; Blake, Chanc. Pract. Index ; Maddox, Chanc. Pract. Index ; 1 Smith, Chanc. Pract. 576 ; Story, Eq. Index.
3. The writ may be issued against foreign ers subject to the jurisdiction of the court, citizens of the same state, er of another state, when it appears by a positive affidavit that the lefendant is about to leave the state, or has threatened to do so, and that the debt would be lost or endangered by his departure.
3 Johns. Ch. N. Y. 75, 412 ; 7 id. 192 ; 1 Hopk. Ch. N. Y. 499. On the same princi ple which has been adopted in the courts of law that a defendant could not be held to bail twice for the same cause of action, it has been decided that a writ of n,e exeat was not properly issued against a defendant whe had been held to bail in an action at law. 8 Ves. Ch. 594.
4. This writ can be issued only for equita ble demands. 4 Des. Eq. So. C. 108 ; 1 Johns. Ch. N. Y. 2 ; 6 id. 138 ; 1 Hopk. Ch. N. Y. 499. It may be allowed in a case to prevent the failure of justice. 2 Johns. Ch. N. Y. 191. When the demand is strictly legal, it cannot be issued, because the court has no jurisdiction. When the court has concurrent jurisdiction with the courts of common law, the writ may, in such case, issue, unless the party has been already arrested at law. 2 Johns. Ch. N. Y.170. In all cases when a writ of ne exeat is claimed, the plaintiff's equity must appear on the face of the bill. 3 Johns. Ch. N. Y. 414.
The amount of bail is assessed by ths court itself; and a sum is usually directed sufficient to cover the existing debt, and a reasonable amount of future interest, having regard to the probable duration of the suit.
1 Hopk. Ch. N. Y. 501.