英文法律词典 N-9

NE DISTURBA PAS, pleading. The general issue in quare impedit. Hob. 162 Vide Rast, 517; Winch. Ent. 703.

NE BAILA PAS. He did not deliver. This is a plea in detinue, by which the defendant² denies the delivery to him of the thing sued for.

NE DONA PAS, or NON DEDIT, pleading. The general issue in formedon; and is in the following formula: "And the said C D, by J K, his attorney, comes and defends the right, when, &c., and says, that the said E F did not give the said manor³, with the appurtenances, or ally part thereof, to the said G B, and the heirs of his body issuing, in manner and form as the said A B hath in his count above alleged⁴.' And of this the said C D puts himself upon the country." 10 Went. 182.

NE EXEAT REPUBLICA, practice. The name of a writ⁵ issued by a court of chancery, directed to the sheriff, reciting that the defendant in the case is indebted to the a complainant, and, that he designs going quickly into parts without the state, to the damage of the complainant, and then commanding him to cause the defendant to give bail¹ in a certain sum that he will not leave the state without leave of the court, and for want of such bail that he tlie sheriff, do commit the defendant to prison.

2. This writ is used to prevent debtors⁶ from escaping from their creditors⁷. It amounts in ordinary civil cases, to nothing more than process to hold to bail, or to compel a party to give security to abide⁸ the decree to be made in his case. 2 Kent, Com. 32 1 Clarke, R. 551,; Beames' Ne Excat; 13 Vin. Ab. 537; 1 Supp to Ves. jr. 33, 352, 467; 4 Ves. 577 5 Ves. 91; Bac. Ab. Prerogative⁹, C; 8 Com. Dig. 232; 1 Bl. Com. 138 Blake's Ch. Pr. Index, h. t.; Madd. Ch. Pr. lndex, h. t.; 1 Smith's Ch. Pr. 576; Story's Eq. Index, h. t.

3. The subject may be considered under the following heads.

4. - 1. Against whom a writ of ne exect may be issued. It may be issued against foreigners subject to the jurisdiction¹⁰ of the court, citizens of the same state, or of another state, when it appears by a positive affidavit¹¹ that the defendant is about to leave the state, or has threatened to do so, and that the debt would be lost or endangered by bis departure. 3 Johns. Ch. R. 75, 412;

7 Johns. Ch. R. 192; 1 Hopk. Ch. R. 499. On the same principle 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 decided¹² that a writ of ne exeat was not properly issued against a defendant who had been held to bail in an action at law. 8 Ves. jr. 594.

5. - 2. For what claims. This writ can be issued only. for equitable¹³ demands. 4 Desaus. R. 108; 1 Johns. Ch. R. 2; 6 Johns. Ch. R. 138; 1 Hopk. Ch. R. 499. It may be allowed in a case to prevent the failure of justice. 2 Johns. Chanc. Rep. 191. When tlie demand is strictly¹⁴ legal, it cannot be issued, because the court has no jurisdiction. When the court has concurrent¹⁵ 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. R. 170. In all cases, when a writ of Be exeat is claimed, the plaintiff's equity¹⁶ must appear on the face of the bill. 3 Johns. Ch. R. 414.

6.-3. The amount of bail. The amount of bail is assessed by the 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. R. 501.