Thursday, July 13, 2006

"Fail not at your peril."

I was just looking at a subpoena that concludes, "Fail not at your peril."

Evidently, subpoenas used to always say that.

I can guess what it means, but it seems like a strange bit of usage to me.

Some guy named Steve posted this:

"Back in the good old days, when courts were allowed to inflict cruel and unusual punishment willy nilly, a subpoena concluded with the legend: 'HEREIN FAIL NOT AT YOUR PERIL.' The recipient was left to imagine what might happen to one who ignored such an order from a court. Whatever that consequence might be, it was sure to be painful, hence the name 'sub poena' meaning 'under pain.'"

1 comment:

jc said...

I also noticed this verbiage at the end of search and seizure warrants twenty odd years ago. From the LE perspective "Fail not at your Peril" is construed as Fail not at your duty, though the task be dangerous. It is a warning from the judge signing the order to the LE Officer to be safe in their endeavor to bring the unlawful to justice. It has been my motto for my entire career.