Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-08
the sequestration of the fugitIves proper
Sentence Cannot Be Carried Out.

When the contumaX is adiudged guilty
the court inflicts the penalty. The sentence
cannot, of course, be entirely carried out
The guilty party not having been appre-
hended will for instance escape hard labor
or VIII not serve his term of Imprisonment.
But 1t does not follow that the. Judgment is
without effect: it has two grave conse-
quences, viz: '(a) the contunax is tempo
rarily deprived of the exercise of his civil
rights; (b) he is deprived of every income
he may have and of all he possesses within
the jurisdiction OF the country. He cam
not act in justice by himself: his presump-
i've heirs are authorized to administer his
properties and to appropriate his income to
their own use
BY cutting off the contumax from all
his resources the law is intended to COM
pei him to appear in court; the law does
not allow man who is defying its author
lty to continue in the enjoyment of his
former mode of life. everything being done
TO prevent him from defea ting the ends OF
justice. The law, though very severe does
not. however, infict any undue hardship
on the contumaXs kindred. His Wife his
chlldreh his father, his mother, il in dis
tress. may, on applying to the proper au-
thorlty, obtain pecuniary assistance from
his income. Moreover the sentence by con-
tumacy IL not directly definitve. The con-
tumaX is given a last chance to appear in
court and produce his defense. So the SEN
tence Is. during five years. considered pro-
vfsional. If within those five years the
contumaX appears in court or be appre-
hended, the sentence become de plano null
and void. The trial must begin anew; the
contumax RECEIVERS possession of his prop
critics and the disposal of his income: and
II sentenced again, the suspension of his
civil rights takes effect from the execution
of the new judgment in case it should in
hfct such Il penalty.
Has Five Years to Appear.
THE fugitive has then five years to purge
the contumacy' 1. e. to yield obedience to
the laws of the country and to appear in
court to stand trial Even if he should die
before the end of the five years, the law,
still lenient, considers that If he had lived
long enough, he probably would have done
his best to profit by the delay granted him;
the law presumes that he would not have
voluntarily missed the opportunity of being
tried by jury, and that he would finally
have appeared in court; so the law con-
siders him innocent: and he dies integri
status. in the integrity of all his rights.
In such case the judgment by contumacy
is de Jure null and void. But, If at the
end of the five years the fugitive from JUS
tice be still alive and not brought to trial.
the sentence by contumacy becomes defini-
tive to certain extent; If, for instance,
the sentence had pronounced the suspension
of his civil rights. the contumax is con-
Sldered dead; his succession is opened and
his heirs become irreyocably the owners OF
his properties.
However. If the penalty he incurred were
not prescribed. the contumax who. even
after the five years. appears in court or is
arrested, must be tried again. but he can
not recover in the past the exercise of his
civil rights or enjoy in the future the exer-
else of his political rights unless tried and
acquitted.
IF the statute of limitations had at
tained the penalty imposed upon him, then
the law would not take any further notice
of the contumaX he would have no remedy
at his disposal; he cannot be judged again.
According to an eminent jurisconsult, be
has no longer anything to fear to hope
from the justice of the country.