Duke Center for Firearms Law
Duke Law logo

George H. Hand, The Revised Codes of the Territory of Dakota. A.D. 1877. Comprising the Codes and General Statutes Passed at the Twelfth Session of the Legislative Assembly, and All Other General Laws Remaining in Force. To Which is Prefixed the Organic Law and the Constitution of the United States Page 732-733, Image 775-776 (1880) available at The Making of Modern Law: Primary Sources. (An Entry for this statute exists for both North and South Dakota because it was passed during the territorial period.)




Duels and Challenges, § 294. Duel Defined. A duel is any combat, with deadly weapons, fought between two persons by previous agreement or upon a previous quarrel. § 295. Punishment for Fighting. Every person guilty of fighting any duel, although no death or wound ensues, is punishable by imprisonment in the territorial prison not exceeding ten years. § 296. Incapacity to Hold Office. Every person convicted of fighting a duel is thereafter incapable of holding, or being elected, or appointed to any office, place or post of trust or emolument, civil or military, under this territory. § 297. Seconds, Aids, and Surgeons. Every person who is present at the time when any duel is fought, either as second, aid or surgeon, or who advises, or gives and countenance to any duel, is punishable by imprisonment in the territorial prison not exceeding seven years. § 298. Punishment for Challenges. Every person who challenges another to fight a duel; every person who accepts any such challenge; and any person who knowingly forwards, carries or delivers any such challenge is punishable by imprisonment in the territorial prison not exceeding seven years. § 299. Challenge Defined. Any words, spoken or written, or any signs uttered or made to any person, expressing or implying, or intended to express or imply a desire, request, invitation, or demand, to fight a duel, or to meet for the purpose of fighting a duel, are deemed a challenge. § 300. Attempts to Induce Challenge. Every person guilty of sending, uttering, or making to another any words or signs whatever, with intent to provoke or induce such person to give or receive any challenge to fight a duel, is guilty of a misdemeanor. § 301. Posting for not fighting. Every person who posts or publishes another for not fighting a duel, or for not sending or accepting a challenge to fight a duel, or who uses any reproachful or contemptuous language, verbal, written, or printed, to or concerning another, for not sending or accepting a challenge to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor. § 302. Leaving Territory to Evade Laws. Every person who leaves this territory with intent to elude any of the provisions of this chapter, and to commit any act out of this territory, such as is prohibited by this chapter, and who does any act, although out of this territory, which would be punishable by said provisions, if committed within this territory, is punishable in the same manner as he would have been in case such act had been committed within this territory. § 303. Where tried. Such person may be indicted and tried in any county within this territory. § 304. Witnesses Privilege. No person shall be excused from testifying or answering any question upon any investigation or trial for a violation of either of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding.