Sec. 40. That any person in this Territory having, carrying or procuring from another person any dirk, dirk knife, sword cane, pistol, gun or other deadly weapon, who shall in the presence of two or more persons draw or exhibit any of said deadly weapons in a rude, angry and threatening manner, not in necessary self-defense, or who shall in any manner unlawfully use the same in any fight or quarrel, the person or persons so offending, upon conviction thereof in any competent court in any county in this Territory, shall be punished by a fine in any sum not exceeding one thousand dollars, or by imprisonment in the county jail, not exceeding six months, or by both such fine and imprisonment, together with the costs of prosecution, which said costs shall in all cases be computed and collected in the same manner as costs in civil cases. All fines and forfeitures arising under the provisions of this act shall be paid into the county treasury of the county wherein such offense was committed; provided, nevertheless, that no sheriff, deputy sheriff, constable, marshal or other peace officer shall be held to answer, under the provisions of this act, for drawing or exhibiting any of the weapons hereinbefore mentioned while in the lawful discharge of his or their duties. It shall be the duty of all military, civil and peace officers in this Territory to be vigilant in carrying the provisions of this act into full force and effect.