Legal Definitions - sicut alias

Sicut alias is a historical legal term that refers to a second legal order or writ issued by a court when an initial, identical order could not be carried out or served. The phrase, meaning "as at another time" or "as we have formerly commanded," signified that the court was reissuing an instruction that had been previously given but not fulfilled. This procedural step was crucial in older legal systems to ensure that court commands were eventually enforced, particularly when the first attempt to execute a writ failed due to difficulties in locating a person or property, or in delivering the order.

• Example 1: Reissuing a Summons for a Defendant

  Imagine a scenario in 18th-century England where a plaintiff filed a lawsuit against a defendant. The court would issue an initial writ, a summons, instructing the sheriff to notify the defendant of the lawsuit. If the sheriff attempted to serve this summons but found that the defendant had moved, was intentionally evading service, or simply could not be found at the address provided, the sheriff would report this failure back to the court. In such a case, the court would then issue a sicut alias writ of summons. This second writ would contain the same instructions as the first but would include the additional phrase indicating that it was a renewed command, giving the sheriff another opportunity to locate and serve the defendant.

• Example 2: Enforcing an Order to Appear in Court

  Consider a situation where a court required a specific witness to testify in a trial. An initial writ, often called a subpoena, would be issued to compel the witness's attendance. If the court officer tasked with delivering this subpoena was unable to reach the witness – perhaps the witness was traveling, the address was incorrect, or they were deliberately avoiding the summons – the initial writ would go unexecuted. To ensure the witness's presence, the court would then issue a sicut alias subpoena. This second writ would reiterate the command for the witness to appear, signaling that the court was reasserting its authority and providing a renewed directive for the officer to secure the witness's attendance.

• Example 3: Attempting to Seize Property for Debt

  In historical debt collection, a court might issue a writ of execution, ordering a sheriff to seize a debtor's property to satisfy a judgment. If the sheriff, upon attempting to execute this writ, found that the specified property was not at the location, had been moved, or was otherwise inaccessible (e.g., hidden by the debtor), the initial writ would be returned to the court as unexecuted. To proceed with the collection, the court would then issue a sicut alias writ of execution. This second writ would grant the sheriff renewed authority and a fresh mandate to locate and seize the debtor's assets, emphasizing that the court's original command for seizure remained in effect despite the initial failure.