TWENTY-FIFTH CONGRESS. Sess.III. Ch.31. 1839.

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person so giving or sending, or causing to be given or sent, or accept-ing such challenge or being the bearer thereof, and every person aidingor abetting in the giving, sending, or accepting such challenge, shall bedeemed guilty of a high crime and misdemeanor, and on convictionthereof in any court competent to try the same in the said District, shallbe punished by imprisonment and confinement to hard labor in thepenitentiary, for a term not exceeding five years, in the discretion ofthe court.

Sec. 3. And be it further enacted, That if any person shall assault,strike, beat, or wound, or cause to be assaulted, stricken, beaten, orwounded, any person in the District of Columbia , for declining or re-fusing to accept any challenge to fight a duel, or to engage in singlecombat with any deadly or dangerous instrument or weapon whatever,or shall post or publish, or cause to be posted or published, any writingcharging any such person so declining or refusing to accept any suchchallenge, to be a coward, or using any other opprobrious or injuriouslanguage therein, tending to degrade and disgrace such person for sodeclining or refusing such challenge, every person so offending, on con-viction thereof, in any court competent to the trial thereof, in the saidDistrict, shall be punished by confinement to hard labor in the peni-tentiary, for a term not exceeding three years, in the discretion of thecourt.

Sec. 4. And be it further enacted, That, if any person or persons,for the purpose of evading the provisions of this act, shall leave theDistrict of Columbia , by previous arrangement or concert within thesame, with intent to give or receive any such challenge without saidDistrict, and shall give or receive any such challenge accordingly, theperson or persons so offending shall be deemed guilty of a misdemean-or, and be subject to the same penalties as if such challenge had beengiven and received within said district.

Sec. 5. And be it further enacted, That every offender may plead aformer conviction or acquittal for the same offence in any State orcountry; and the same, being established, shall be a bar to any furtherproceedings against such person under the next preceding section ofthis act.

Sec. 6. And be it further enacted, That any person offending againstthe provisions of this act may be a competent witness against any otherperson offending in the same transaction, and may, at the discretion ofthe court, be compelled to give evidence before any grand jury, or onany trial in court; but the person so testifying shall not thereafter beliable to prosecution for the same matter, nor shall the testimony sogiven be used against him in any case whatsoever.

Sec. 7. And be it further enacted, That, in addition to the oath nowprescribed by law to be administered to the grand jury in the Districtof Columbia , they shall be sworn faithfully and impartially to inquireinto, and true presentment make of all offences against this act.

Approved, February 20, 1839.

Chap. XXXI. — An Act to amend an act entitled “ An act to establish a criminalcourt in the District of Columbia .”

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That whenever thejudge of the said criminal court, from sickness, or any other legalcause, shall be unable to hold the said court, he shall give notice thereofto the chief judge of the circuit court of the District of Columbia , who,if not prevented by sickness or other legal cause, on receiving suchnotice, shall hold the said court during the temporary inability of thejudge of the said court; and if the chief judge of the said circuit

Any personassaulting, stri-king, beating,or wounding an-other, &c.

Any persongiving or re-ceiving a chal-lenge after hav-ing left the Dis-trict by previousarrangement,

&.C.

Bar to furtherproceedings, bypleading a for-mer conviction.

Evidence, &c.

Grand jury tobe sworn, &c.

Statute III.Feb. 20, 1S39.

Act of July 7,1838, eh. 192.

In case of ina-bility of thejudge of the cri-minal court,from sickness,

&.C.