ter's report in fourteen days, or show cause why he has not done so, or his exceptions filed shall not prevent the dissolution of the ne exeat.(m)

thereon.

A writ of ne exeat republica, cannot be granted for a 8. Decisions debt due and recoverable at lan; it is applied only to equitable demands.(n)

It must not only be an equitable demand, but one in the nature of a debt actually due.(0)

Where a wife filed a bill for alimony, &c. against her husband, and it appeared that he had abandoned her without any support, and threatened to leave the state, the court on the petition of the wife, granted a writ of ne exeat republica.(p)

On an application for a writ of ne exeat republica, by a wife against her husband, pending a suit for alimony, &c. her affidavit is admissible, the proceeding being ex parte, and the wife, in that respect, consider ed as independent of her husband.(q)

A writ of ne exeat may be granted prior to any decree for alimony.(r)

And the court in making the writ, will exercise ‹a sound discretion, under the special circumstances of the case, having due regard to the rank of the parties, and property of the husband, so as to prevent oppression or extortion.(s)

The bill sets forth the circumstances of the com- 9. Form t plainant's demand in the usual manner, and may con- the bill. clude as follows:

May it please your honor, the premises considered, and inasmuch as the said C. D. threatens to leave and depart from the state of New-York very soon, and de**signs quickly to go out of this state, to wit, to some place in the state of Pennsylvania, or elsewhere, out of the said state, that the most gracious writ of the people of the state of New-York of ne exeat republica, may be issued out of and under the seal of this honorable court, to be directed to the sheriff of the city and county of New-York, to restrain the said C. D. from going out of this state, without leave and permission of your honor in this honorable court. And may it also please your honor, to grant to your orator, the most gracious writ of subpoena of the people of the state of New-York, issuing out of and under the seal of this honorable court, to be directed to the said C. D. and his confederates when discovered, thereby commanding them, and every of them personally, to be and appear before your honor in this honorable court, on a certain day, and under a certain penalty therein to be limited and expressed, and then and there upon their corporal oath, to make full and direct, distinct and perfect answer to all and singular the premises aforesaid; and further, to stand, to abide and perform such order, direction and decree therein, as to your honor shall seem meet. And your orator shall ever

pray, &c.

E. F. Sol'r for complainant.
J. S. of Counsel.

City and county of New-York, to wit:

10. Form of

A. B. merchant, complainant in this suit, being duly the affidavit. sworn, deposeth and saith, that C. D. the defendant in this suit, is now justly indebted to him this deponent as his partner, in the sum of four thousand and three hundred dollars, and upwards, and that being so indebted, he the said C. D. has lately threatened and given out, that he the said C. D. will speedily depart from the state of New-York, and go to the state of Pennsylvania, and that this deponent verily believes that the said C. D. intends to leave the state of New-York, and go into the state of Pennsylvania very soon, and that if he should depart from the state of New-York, this deponent will either lose this said debt absolutely thereby, or will be in very great danger of losing the same. And further this deponent says not.

cate.

Having perused the preceding bill and affidavit, I. 11. Certifi am of opinion, that a ne exeat should be granted, and do accordingly allow the same, and that the defendant be held to bail in the sum of four thousand three hundred dollars.

I. H. Master in Chancery.

the writ.

Writ of Ne Exeat.

12. Form of The people of the state of New-York, by the Grace of God free and independent, To the sheriff of the city and county of New-York, Greeting:

Whereas, it is represented to us in our court of
Chancery, before our Chancellor, on the part of A. B.
complainant, against C. D. defendant (amongst other
things,) that he the said defendant is greatly indebted
to the said complainant, and designs quickly to go
into parts without the state, (as by oath made on that
behalf appears,) which tends to the great prejudice
and damage of the said complainant. Therefore, in
order to prevent this injustice, we hereby command
you, that you do without delay, cause the said C. D.
personally to come before you, and give sufficient bail
or security in the sum of
dollars, lawful mo-

ney of the state of New-York, that the said C. D. will
not go or attempt to go into parts without our state,
without leave of our said court; and in case the said
C. D. shall refuse to give such bail or security, then
you are to commit him the said C. D. to our prison,
there to be kept in safe custody, until he shall do it of
his own accord, and when you shall have taken such
security, you are forthwith to make and return a cer-
tificate thereof to our Chancellor, in our said court of
Chancery, wheresoever it shall then be, distinctly and
plainly under your seal, together with this writ.
Witness, James Kent, Esq. Chancellor of the state
of New-York, the
in the year of

day

our Lord one thousand eight hundred and eighteen. Edm. Elmendorf, clerk.

DLDIMUS POTESTATEM TO TAKE THE TESTIMONY OF WIT

NESSES.

Special Contents.

I. How and by whom issued.

II. Notice of application.

HIL Notice of joining in the commission and nominating com

missioners.

IV. Number of commissioners to execute the commission.

V. Form of the notice of application.

VI. do. of joining in the commission.

VII. Interrogatories, &c. to accompany the commission.

VIII. Copies of interrogatories to be administered to witnesses te be furnished to the opposite party.

IX. Form of the commission.

X. Oath to be taken by the commissioners.
XI. do. by the clerk.

XII. Defendant's privilege should the complainant not pro-
ceed, &c.

XIII. Notice of the commissioners in proceeding to the execution of the commission.

XV. Subpoena to testify before the commissioners.

XVI. Oath of the bearer of the commission, taken by the clerk

or a master at the time of delivering it.

by whom is.

If the witnesses reside in this state, as we have al- 1. How and ready said by the 24th rule of court, a commission for sued. the examination of them will issue of course, and be made out by the clerk of the party procuring the same upon his application for that purpose; and the party applying for such commission, shall give notice to the 2. Notice of adverse party eight days exclusive before the issuing the commisthereof, and shall at the same time nominate three commissioners at the least, and the party to whom no

application for

sion.