The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1881-01-13
The Anti.DueIling Law.

AN ACT to amend Chapter CXXVIII Of
the General Statutes, entitled "Of Of.
fences against the Person." to declare
the Law in regard to Homicide in
Duelling aud to provide fer the pun.
ishment of the same.
Whereas, great uncertainty has here
tofore existed in this State in the admin
istration of the law in regard to duelliug;
and whereas, it is therefore proper and
expedient that the law in regard to the
same should be plainly declared, that it
may be known in the future:
Be ii enacted by the Senate and House
Of Representatives of the State of South
Caroliua, now met and sitting in General
Assembly, and by the authority of the
same:
SECTION l. That Section seven ~ of
the one hundred and twenty eighth
Chapter of the General Statutes, entitled
"Ofofences against the person." be, and
the same is hereby amended, so as to read
as follows: SECTION 7. Whoever
shall challenge another 10 fight at sword,
pistol, rapies, or any other deadly weap-
on, or who shall accept any such chal-
lenge, shall for every such offence, on
conviction thereof, be deprived of the
right of suffrage and be disabled forever
from holding any Office of profit or hon
or in this State, and shall be imprison-
ed in the Penitentiary for term not ex-
ceeding two years, at the discretion of
the Court. And in case any person shall
kill another in any duel with deadly
weapon, or shall inAict a wound
or wounds upon any person in
any duel 50 as the person or per.
sons so wounded shall thereof die
within the space Of six months the next
following, that such person so killing
another or so wounding any person or
persons whereby such person or persons
so wounded shall die as aforesaid, being
thereof convicted, sha!! suffer death as in
the case of wilful murder"
Sec 2. That Section s Of the said
Chapter of the General Statutes be, and
the same is hereby amended, so as to read
rs follows: "SEcrIoS s. Whoever shall
willingly or knowingly carry or deliver
any such challenge, in writing or verbal
ly, deliverany messageintended or as pur-
porting to be such challange, or who
Shall be present at the fighting of
any duel as 4 second or aid or give coun-
tenance thereto, SHALL for every such
offence, on conviction thereof, be for.
ever disabled frcm holding any office of
profit or honor in this State, and shall
be imprisoned in the Penitentiary for a
term not exceeding two years, at the dis
cretiou of the Court, and shall be, fined in
sum not less than five hundred dollars
nor more than one thousand dollars
SEC. 8. That from and after the passage
of this Act all members elected to the
General Assembly, and all officers now
required to take and subscribe the oath
prescribed in art. II. Section 80 of the
Constitution of the State, shall in addi.
tiou thereto, take the following osth, be-
fore entering upon the duties of their
respective offices, to be administered in
like manner as the oath now required: !:
81 do solemnly swear Tor affirm, as the
case may BEL that have not, since the
first day of January, A. d. 1881, engaged
III uuel Wltnlu or WllnOuC the State,
either as principal or second, or been
present thcreat as party thereto in be-
half of either of the principals in such
duel. and that will not, during the term
of Office to which l have been elected,
Tor appointed, as the case may be- en-
gage in q duel as principal,
or aid and abet in such duel as
second, or as party thereto in behalf
of either principal or otherwise" To
which shall be added in the case Of all
officers charged with the preservation of
the peace, the following "And 1 will,
to the extent of my ability, enforce the
penalties prescribed by law against duel.
ling, and will not fail to bring to justice
all persons offending against The said
law that may come within my view or
knowledge"
Sec. t. That this Act shall not effect
indictments now pending for offences
under the law as it now exists, or indict-
:nents that may be brought for offences
committed before the passage Of this act.