The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-02-01


or accepting Il challenge; and If any person
shal! be presented in such courts, the said
courts shall. if they have jurisdiction of
SAID offences, proceed TO trial of the same in
the ordinary way, and if not, that the pre-
sentiment shall be either certified by order of
| the court, TO such Court as has Jurisdiction,
| or shall be considered in law sufficient au-
ihority for a magistrate toissue his warrant
against the accused, where an examining
Court is necessary.
Ind be az jurf6cr enacted, Tha. when
any Judge or MAC istrate of this common
wealth, has goud Cause to suspect any per
son or persons are about to be engaged i'm a
duel, he may issue his warrant To bring the
parties before him; and il he shalt think
proper to take of them a recognizance TO
| Keep the peace, he shall insert in the condi-
ton, that the party or parties shall not du
ring the time For which they were bound, di-
rectly or indirectly be concerned in duel.
Gather With the person suspected or any O.
thcr person, within the time limited by the
r.CoSn zance.
| Ind be IL further enacted, That if am
person or persons shall, for the purpose OF
eiuding the operation of the provisions of
this law, leave the state, the person or per-
sons so offending. shall be deemed as guilty.
and be subject to the like penalties as If the
oiIence had been committed within this com.
monwealth. 1fany person shall leave this
state with the intention Of giving or receiv
ing Challenge totynt duel or os aiding
| or aCettng, IN giving or receiving such chal-
| lenge. and duel shall actually be fought,
whereby the death of any person shah hap
pen, and the person leaving the state,
snail remain thereout, SO as to prevent his
| apprehension Tor the purpose OF a trial; or if
any person shall fight duel in this state,
on ana or abct therein, whereby any person
shall be killed, and then flee iuto another
state to avoid his trial. in either case it shall
be the duty of the Executive, aud they are
hereby directed to adopt and pursue all lie
gal steps, to causc any such offender to be
unprecedented and brought to trial, in the
county where the offence was committed,
wnen the duel shall have been fought within
the state-and when it shall have been
fought wi bout the state. then in that county
where, in the opinion of the Executive, the
evidence against the offender can be best OBJ
tanned and produced upon his trial.
BE IL Jnrfhet' enacted, That it shall be
the duIy OF the Attornies of the Common
wealth tor the County Courts to give infor
nation to the Executive, whenever a case
shall arise in their counties respectively.
which Will render me interpretation of the
Executive authority under this act, necessa-
~. And the said Attornies, either at the
hrst quarterly court other respective coun-
ties after the commencement of this act, or
at the time of their acceptance of their Off
ces, where they shall hereafter be appoint
ed, shall take the following oaths--I do
solemnly swear, or affirm, Gas the case may
beg that will, to the best of my Judgment,
execute the duty imposed on me by the act
for suppressing duelling So help me God
ind be Hfnrthcr enacted, That all words,
which from their usual construction ard
common accoptation, are considered as
insults, and lead to violence and breach
of the peace, shall hereafter be actionable,
and no plea, exception or demurrer shall be
sustained IN any Court within this Common
wealth, to preclude a jury from passing
thereon, who are hereby declared to be the
sole Judges of the DAMAGE sustained. Pro
pided, That nothing herein contained shall
be construed to deprive the several Courts
OF this Commonwealth from granting new
trials IS heretofore.
This Act shall be in force from the hrst
day cf April next.