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Procedure relative to a public cry.

110

TITLE XVII.
Default & Contumacy.

ARTICLE I.

IF the decree to take into custody cannot be executed against the Accused, he will become the subject of a search & his belongings will be seized & annotated, without a prior judgment to this effect being required.

ARTICLE II.

THE search will take place at his usual domicile, or at his current residence, if he has one where the trial is set to proceed; & a copy of the search will be left.

ARTICLE III.

IF the Accused has no domicile, or does not reside in the place of the Jurisdiction, the copy of the decree will be posted at the door of the Auditorium.
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111

ARTICLE VII.

IF the Accused is domiciled or resides in the place of the Jurisdiction, he will be ordered to appear in a fortnight; if not the call to appear will be posted at the door of the Auditorium.

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ARTICLE VIII.

For failure to appear in a fortnight, he will be summoned by a sole public cry in eight days; however the days of the ordinance & call to appear will not be included in the time limit.

ARTICLE IX.

THE cry will be a trumpeted cry, as is customary, in the public square, & at the door of the Jurisdiction, & as well in front of the domicile or residence of the Accused, if [there] is one.
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113

ARTICLE XIII.

If the procedure is duly done, the Judges will ordain that the witnesses be re-examined in their depositions, & that their re-examinations serve as confrontation.
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114

ARTICLE XV.

THE same judgment will declare the in absentia procedure valid, of merit, & will contain the condemnation of the Accused. We prohibit the inclusion of the clause: If taken & apprehended can be, whose usage we abrogate.
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115

ARTICLE XVIII.

IF the person who failed to appear is arrested and taken prisoner, or presents himself following the judgment, or as many as five years later, in the prisons of the Judge who condemned him, the default & contumacy procedures will be untenable, by virtue of our present Ordinance: without the need for judgment, or appeal of the Sentence of contumacy.
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Source: Louis XIV, "Procedure relative to a public cry, in l'Ordonnance ... pour les matières criminelles" (: Chez les Associés, 1670).

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