The writ ne exeat regno in Eng-land, and ne exeat respublica in the United State, is issued by the court of chancery to restrain a defendant in a pending suit from leaving the country. It is directed to the sheriff of the proper county, and commands the arrest of the defendant and his detention until he shall give security in a sum specified not to depart from the jurisdiction of the court without its permission. The writ is not allowed until after hill tiled, nor without a showing under oath both of a good cause of action, and of a threat or design on the part of the defendant to go abroad, by means whereof the purpose of the action may be defeated. It is not often resorted to. and indeed since imprisonment for debt has been almost universally abolished there are only a few eases, such as those of fraud in fiduciary relations, and others standing on like reasons, in which the court could be justified in awarding it. From the foregoing statement that this remedy has become an unusual one should perhaps be ex-cepted the state of New York, in which a question seems to have been made whether the province of the writ is not extended by the abolition of distinctions between legal and equitable remedies.

There is a conflict in the rulings of the courts whether the writ is not abolished by the code, but in the supreme court a very liberal use has of late been made of it.