Page:The American Cyclopædia (1879) Volume XII.djvu/218

210 NE EXEAT ored with numerous dignities, and was elected a member of 77 learned societies. Goethe, in his "Metamorphosis of Plants," had advanced the theory that the various parts of the flower are all modifications of one common type, the leaf ; and this theory Nees von Esenbeck de- monstrated to be scientifically true in his Hand- buck der Botanik (2 vols., Nuremberg, 1820-'21). Among his other botanical works are : Die Al- gen des sussen Wassers (Bamberg, 1814); Das System der Pilze und Schwamme (Wiirzburg, 1816); Die Pflanzensubstanz, written in con- junction with Bischof and Rothe (Erlangen, 1819); Bryologia Germanica, with 43 colored plates, in conjunction with Hornschuh and Sturm (2 vols., Nuremberg, 1823-'31); Agrosto- logia Brasiliensis, forming the first part of Mar- tius's Flora Brasiliensis (Stuttgart, 1829), to which he appended a poem of 16 pages, enti- tled De SaccJiaro Opificio Carmen ; Enumera- tio Plantarum Cryptogamicarum Java et Insu- larum adjacentium (Breslau, 1830); Genera et Species Asterearum (Nuremberg, 1833) ; Syste- ma Laurinarum (Berlin, 1836); Flora Africa Australioris Illustrationes Monographic (Glo- gau, 1841) ; and Sy sterna Hepaticarum, in con- junction with Gottsche and Lindenberg (Ham- burg, 1844-7). In 1852 he published the first volume of a projected illustrated manual of universal natural history, entitled Die allge- meine FormenleJire der Natur (2d ed., Breslau, 1861). He early applied himself to the study of cryptogamous plants, in regard to which his researches were minute and extensive. His great work in this department is the Natur- gescMchte der europaischen Lebermoose, also known under the title of Erinnerungen aus dem RiesengeMrge (4 vols., Berlin and Breslau, 1833-'8). In the sphere of speculative thought he published Die NaturphilosopJiie (1841), which he intended as the first part of a " Sys- tem of Speculative Philosophy." NE EXEAT. The writ ne exeat regno in Eng- land, and ne exeat republica in the United States, 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 allow- ed until after bill filed, nor without a showing under oath both of a good cause of; action, and of a threat or design on the part of the de- fendant to go abroad, by means whereof the purpose of the action may be defeated. It is not often resorted to, and indeed since impris- onment for. debt has been almost universally abolished there are only a few cases, 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 be- come an unusual one should perhaps be ex- epted the state of New York, in which a NEGLIGENCE 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. * NEFF, Felix, a Swiss missionary, born in Ge- neva, Oct. 8, 1798, died there, April 12, 1829. He entered the army, and reached the rank of sergeant, but left the service in 1819 to be- come a missionary in the valleys of the upper Alps. In 1821-'2 he visited the destitute dis- tricts of Grenoble and Mens in France; and in April, 1823, went to England, where he was ordained an Independent minister. He after- ward resumed his labors in the Alpine glens, dedicating churches, organizing schools, and aiming incessantly to benefit the people ; and the hardships to which he subjected himself finally destroyed his health. His life has been written by A. Bost (London, 1855). NEGAITNEE, a city of Marquette co., Michi- gan, situated in the midst of the iron region, at the junction of the Marquette, Houghton, and Ontonagon railroad with the Peninsular division of the Chicago and Northwestern line, 12 m. "W. by S. of Marquette; pop. in 1874, 3,741. On the south and west are large hills containing immense deposits of iron ore, and on the N. border is Teal lake, a beautiful body of water 2 m. long by m. wide. There are productive mines and several large blast fur- naces within the city limits. Negaunee has a number of stores doing a large business with the surrounding mines, a national and two state banks, a weekly newspaper, good public schools, and three churches. Previous to 1865 it contained only a few cabins. NEGLIGENCE, in law, primarily the want of care, caution, attention, diligence, skill, or dis- cretion in the performance of an act by one having no positive intention to injure ; and secondarily the omission to perform a duty im- posed by law for the avoidance of injury to persons or property of others. In the civil law negligence is classed as slight, ordinary, and gross ; the first being the want of great care and diligence, the second the want of ordinary care and diligence, and the last the want of even slight care and diligence. The. propriety of this classification has often been denied by common law judges; but as the degree of care, caution, and diligence required of parties is different under different circumstances, so that the same want of caution and prudence which under one set of circumstances would render the parties chargeable with it liable as for neg- ligence, would give no right of action under another, the classification is found useful as indicating the different degrees of diligence required by the law in different cases. Thus, if for the mere accommodation of my neighbor I loan to him the use of my horse, for which he is to make no compensation, it is reasonable that he should take the highest care of him,