Ne exeat
Atcommon law,ne exeat(Latin"that he not depart" ) is anequitablewritrestraining a person from leaving thejurisdictionof the court or thestate.[1]The writ may be issued to ensure the compliance by thedefendantwith a court order.[1]
The full phrase in theUnited Statesisne exeat republica(Latin "let him not leave the republic" ).[1]The phrasene exeat regno(Latin "let him not leave the kingdom" ) has also been used inEnglish law.[1][2]In 1969Mr Justice Meggaryaffirmed that the order still exists under English law, and was not repealed by the passing of theDebtors Act 1869.[3]
It is used infamily lawto prohibit a person from leaving or removing a child or property from the jurisdiction.[1]In England and Wales, however, it has been mostly replaced by passport impoundment orders.Mr Justice Mostynsaid in 2012, "The writ ne exeat regno is a charming historical relic but must be regarded as an anachronism given the availability of the modern form of order".[4]
In theUnited States,it is still provided for in theInternal Revenue Codeat26 U.S.C.§ 7402(a).
References
[edit]- ^abcdeBlack's Law Dictionary(9th ed. 2009), ne exeat.
- ^Harding, G. (1829)The practice of the High Court of Chancery, under the new orders,p. 336
- ^Felton v Callis[1969] 1 QB 200.
- ^"Bhura v Bhura [2012] EWHC 3633 (Fam)".Retrieved7 November2021.