Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1837-06-24

any challenge VIM.
person 10 fight due,' on t 81 IN thls St9nncaNe
this state and hght duel out 81 tine same, or shall
accept such challenge ont of this state, and shall
leave this state for the purpose of GLIDING the pro-
Visions OF THIS act, or II any person shall knowingly
bear such challenge or bc concerned as second, aid
or sur !eun of either party without this state, the
person offending sha I've deemed as guilty, and
Shall le suhlcctto the ike punishment is provided
in the first and second sections OF this act and may
be prosecuted and convicted for any offence men
toned in this section, IN the circuit criminal court
of any county in this state.
SIC. 5. BE Il further cnactcd, That any person
or persons shall be guilty fighting in any corpora
ted city or town, or any other town or public place
IN tins state. mud shall in such fight any rifle,
shot gun, sword sword cane, pist1i, dirk, bowie
knife, OF any other deadly weapon or ilany person
shall he second or aid in such fight the persons
offending shall be fined not less than three hundred
dollars, and shall be imprisoned not leS than three
months, and il any person shall be Killed IN such
| fvltt the person 50 killing The other, may also lie
prosecuted and convicted as in other cases OF nnr
! der.
SFc. g. Be il further enacted That fany person
shall offend against any Of the provisions OF this act
| such person shall be competent witness against
any other berson offending in the same TRANSACTION
and may compelled toappear and give evidence
before any justice OF the peace, grandWry, or court
in the same manner MS other Witnesses but the tts-
mony SO given shall NOT be used in any prosecution
or proceeding, civil or criminal against The person 50
tcstymg.
SIC. l. BE il further enacted, That it shall he
the duty Of all grand jurors, justices of the peace,
constahes, members ol boards OF county pohce,
shcris, and other peace oIlccs without delay, to
give information against aud prosecute every person
who shall be guilty Ola violation OF any OF The pro-
visions Of tins act, aud all costs and expenses they
nav incur on account of the aalc, shall he pad, on
convictions by the defendant; and ii he shall be I'M
able 10 pay the same, or he acquitted, Then such
costs aud expenses shall be paid out % llie state
treasury.
SEC 8. BE il ftrther enactca, That il any due
sh2 be- '.ng cGnry to NJ n9y4.2I u s ms ag,
corporated town or city, or any other town or public
place, in this state, aud parties or either Of them
shall use any rifle shot gun, sword, sword cane, ps-
tol dirk, dirk knife bowie knife, or any other deadly
weapon contrary 10 the provisions ol tins act, and
either Of the parties combaian shall be killed, or
shall die within ninety days, Of any wound received
in any such duel, fight, the party surviving shall
be-, and he is hereby held chargeabe with the pay
ment Of the debts of lis antagonist SO killed by him,
and the estate of the purty killed. shall be cxonor-
atcd from the payment oisucb debts, until the sur
wing party shall be first duly prosecuted 10 lnsoI-
ycncy, and the person or persons to whom the com
Blatant killed in such duel or fight shall be lndcbt-
ed, may prosecute TO judgment and execution, any
action Of debt assumpS against such surviving
party which such person could have maintained
against such party killed. and III his declaration Il
shall be sullGient To set forth in substance the de-
scrpton Of the Judgment, bill, bond, note, assump-
Sit or account, by which The deceased IN his life
time was indebted to the plaintiff; and to aver that
the defendant and the deceased had fought duel
contrary the provisions Of tins act, or had fought
in an incorporated city, or town. or other town or
public place. in this state and had in such fight tSed
a rifle, shot gun, sword sword cane, pistol dirk,
dirk knife or other deadly weapon, contrary 10 the
meaning and intent of this vet and that in such du-
c or fight the defendant had unlawulIy killed the
deceased or had given the deceased in such duel or
fight mortal wound, OF which within ninety days
the deceased had died. and that in consideration Of
which the defendant had become bound to pay to
the plaintiff the amount of money mentioned in such
Judgment bill, bond, note ,afsumpsit, or account, and
upon proving the same, the said plaintiff shall have
verdict, Judgment and execution against the defend
ant, which shall appear have been Justly dine and
owing from the deceased to the plaintiff at the time
Of the commencement Of such suit, any law, usage OF
custom to the contrary Notwithstanding
SIC. g. Bet further cndcted, That il any person
having or carrying any dirk, dirk knife, bowie knife
sword, sword cane, other deadly weapon, shall IN
|
same, in a rude, angry and threatening manner, moi
in necessary self defence, shall IN any. manner I'M
lawfully use the same in any fight or quarrel, tbs
person or persons so offending upon conviction
thereof, in the circuit criminal court Of the proper
county, shall be fined in a sum, not exceeding five
hundred dollars, and be imprisoned not exceeding
three months.
SEC. 10. BE il further enacted, That il shall b,
the duty of the Judges Of the circuit courts TO give
this act in charge to the grand jury, at each term
their respective courts and that this act shall be il
force ard take effect from and after the Fourth ia,
Of july one thousand eight hundred and thirty-se
ven.
A. G. BROWN,
Speaker pro tenn. Qfthe House Of Representatives
, A. G. McNUTT,
President Of the Senate.
Approved May IS, 1881.
CHARLES LYNCH.
June 3, al 4w