Legal Definitions - sequatur sub suo periculo

Definition: Sequatur sub suo periculo is a Latin term used in law that means "let him follow at his peril." It refers to a writ that is available when a sheriff returns "nihil" (meaning nothing) to several summonses. Specifically, it is a writ issued after the sheriff returns "nihil" to a warrant ad warrantizandum and following an alias and a pluries writ.

Example: If a sheriff is unable to find a defendant after being served with a writ, they may return "nihil" to the court. In this case, the court may issue a sequatur sub suo periculo writ, which means that the defendant is responsible for any consequences that may arise from not appearing in court.

Explanation: The example illustrates how the term sequatur sub suo periculo is used in law. If a defendant fails to appear in court after being served with a writ, they may be held responsible for any consequences that may arise from their absence. The sequatur sub suo periculo writ serves as a warning to the defendant that they are proceeding at their own risk.

Additional Example: Another example of the use of sequatur sub suo periculo is in cases where a defendant absconds, and the plaintiff would like to proceed to an outlawry against them. In this case, an original writ must be sued out regularly, and after that a capias. If the sheriff cannot find the defendant upon the first writ, an alias writ is issued, and after that a pluries, to the same effect as the former. Only after these words "we command you," this clause is inserted, "as we have formerly," or, "as we have often commanded you;" "sicut alias."

Explanation: This example further illustrates how the term sequatur sub suo periculo is used in law. It shows how the writ is issued after the sheriff returns "nihil" to a warrant ad warrantizandum and following an alias and a pluries writ. The example also shows how the term "sicut alias" is used in law to refer to a second writ issued when the first one was not executed.