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

AN ACT to amend Chapter CXXVIII of
the General Statutes, entitled "OfOc-
fences against the Person." to declare
the Law in regard to Homicide In
Duelling aud to provide for 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 duelling:
and whereas, il 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:
Re enacted by the Senate and House
OF Representatives of the State Of South
Carolina, now met aud sitting in General
Assembly, and by the authority of the
same:
SECTION l. That Section seven IN of
the one hundred and twenty.eighth
Chapter of the General Statutes, entitled
"Of offences against the person." be, and
the same IL hereby amended, 50 as to read
Us follows: "S5EUrIoN 7. Whoever
shall challenge another 10 fight 1t 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.
orin this State, and shall be imprison-
ed in the Penitentiary for Germ not ex-
ceedlng two years, at the discretion of
the Court. And in caseany person shall
XIII another in any duel with deadly
weapon, 1T shall in1ict q wound
or wounds upon. any person in
any duel so as the person or per-
sons 30 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
80 wounded shall die as aforesaid, being
thereof convicted, shall suffer death as in
the case of wilful murder"
SEC 2. That Section of tho said
Chapter OF the General Statutes be, and
the same is hereby amended, so as to read
as fellows: "SECTIoN 8. Whoever abpIl
willingly or knowingly carry or deliver
any such challenge, in writing or verbal
ly. deliver any message intended or as pnr.
porting TO be such challange, or VINO
shall be present at the lighting of
any duel rs q second or aid or give coun.
ienauce thereto, snail, for every such
offence, on conviction thereof. be- for.
ever disabled from holding any Office of
pros. or honor in this Stats, aud shall
bo imprisoned in the Peniteni:asv for
to- IA not exceeding two years, ct the dis.
cretion of the Court, aud shall be, fined in
sum not less than FIVE hundred dollars
nor more than one thousand dollars.n
SEC. .. 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. IT. Section so of the
Constitution Of the State, shall in addi.
ton thereto, take the following oRth, be-
fore entering upon the duties of their
respective offices, to be administered in
like manner rs the oath now required:
Il do solemnly swear Tor affirm as the
case may be, that have not, since the
first day of January, a. D. 1881, engaged
In duel within or without the State,
ei.her as principal or second, or been
present thGceat as party thereto In be-
half of either of the principals ip such
duel, and that will not, during the term,
of Office to which have been elected,
(or appointed, IS the ease may be,) er-
gage in duel aa 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 tho case Of all
officers charged with tho preservation Of
the peace, the following: HAnd / will,
to the extent of my ability, enforce the
penalties prescribed by Law against duel
ling, and viii not fail to bring to Justice
all persons offending against the said
law that may come within my view or
knowledge"
SEC. 4. That this Act shall not effect
indictments now pending for offences
under the law rs 1t now exists, or indict-
iments that may be bought for offences
committed before the pasgag cf this act.