TWENTY-FIFTH CONGRESS. Sess. III. Ch.28,30. 1839.

31S

now allowed bylaw, authorizedto sell propertyon certain otherdays.

Proviso.

Statute litFeb. 16, 1839.[Obsolete.]

Appropria-

tions.

Statute III.Feb. 20, 1839.

Any personchallenging an-other, &c.

Any persongiving, or send-ing, or causinga challenge tobe given orsent, &c.

days of each term of the district court; and that he may, at the writtenrequest of the defendant, change the sale of property to the place wherethe United States court for his district is holden: Provided, in theopinion of the Marshal, the interest of the plaintiff - would not be com-promitted thereby.

Approved, February 16, 1839.

Chap XXVIII .—An Act making an appropriation for the support of the peniten-tiary in the District of Columbia .

Be it enacted hy the Senate and House of Representatives of theUnited States of America in Congress assembled, That in addition tothe unexpended balance of appropriations of eighteen hundred andthirty-seven, now subject to the order of the inspectors, there shall be,and hereby is, appropriated, for the support of the penitentiary for theDistrict of Columbia , for the year eighteen hundred and thirty-eight,and for the payment of claims not settled, as follows : For pay of officersand agents; for repairs to buildings; for purchase of raw materials; forrations, clothing, beds, and bedding of prisoners ; for purchase of fuel;for purchase of hospital stores and medicines; for purchase of booksand stationery; for purchase of horse food; for allowance to dischargedconvicts; for pay of the inspectors for the years eighteen hundred andtwenty-nine and eighteen hundred and thirty; for compensation to thesecretary to the board of inspectors, from the date of his appointment,at two hundred dollars per annum, for keeping the books, records, andpapers of the inspectors, as required by law; and for other contingentexpenses of the institution, the sum of eight thousand six hundred andeighty-nine dollars, and forty cents; to be paid out of any money in theTreasury not otherwise appropriated, and to be expended under thedirection of the board of inspectors.

Approved, February 16, 1839.

Chap. XXX .—in Act to prohibit the giving or accepting, within the District ofColumbia , of a challenge to fght a duel, and for the punishment thereof.

Be it enacted by the Senate and House of Representatives of the UnitedStates of America in Congress assembled, That if any person shall, inthe District of Columbia , challenge another to fight a duel, or shall sendor deliver any written or verbal message, purporting or intended to besuch challenge, or shall accept any such challenge or message, or shallknowingly carry or deliver any such challenge or message, or shallknowingly carry or deliver an acceptance of such challenge or messageto fight a duel in or out of the said District, and such duel shall befought in or out of the said District, and either of the parties theretoshall be slain or mortally wounded in such duel, the surviving party tosuch duel, and every person carrying or delivering such challenge ormessage, or acceptance of such challenge or message as aforesaid, andall others aiding or abetting therein, shall be deemed guilty of felony,and upon conviction thereof, in any court competent to the trial thereof,in the said District, shall be punished by imprisonment and confinementto hard labor in the penitentiary, for a term not exceeding ten years, inthe discretion of the court.

Sec. 2. And be it further enacted, That if any person shall give orsend, or cause to be given or sent, to any person in the District of Co-lumbia , any challenge to fight a duel, or to engage in single combatwith any deadly or dangerous instrument or weapon whatever, or if anyperson in said District shall accept any challenge to fight a duel, or toengage in single combat with any deadly or dangerous instrument orweapon whatever, or shall be the bearer of any such challenge, every