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Offences Against the Public Peace, Penal Code. 1816. § 4. If any person in this state shall deliberately challenge, by word or writing, the person of another, to fight at sword, pistol, or other deadly weapon, or if any person so challenged shall accept the said challenge, in either case, such person so giving or sending, or receiving any such challenge, and being convicted thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, and imprisoned in the common jail of the county, or on the recommendation of the jury, undergo an imprisonment in the penitentiary, at hard labour or labour, for any time not less than three months, nor longer than one year.