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Ne exeat
Writ
Writ
At common law, ne exeat (Latin "that he not depart") is an equitable writ restraining a person from leaving the jurisdiction of the court or the state. The writ may be issued to ensure the compliance by the defendant with a court order.
The full phrase in the United States is ne exeat republica (Latin "let him not leave the republic"). In 1969 Mr Justice Meggary affirmed that the order still exists under English law, and was not repealed by the passing of the Debtors Act 1869.
It is used in family law to prohibit a person from leaving or removing a child or property from the jurisdiction.
In the United States, it is still provided for in the Internal Revenue Code at (a).
References
References
- ''[[Black's Law Dictionary]]'' (9th ed. 2009), ne exeat.
- The phrase ''ne exeat regno'' (Latin "let him not leave the kingdom") has also been used in [[English law]].Harding, G. (1829) ''The practice of the High Court of Chancery, under the new orders'', p. 336
- ''Felton v Callis'' [1969] 1 QB 200.
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