Sec. 2. If any duel shall be fought, contrary to the provisions of this Act, or if any person shall be guilty of fighting, in any incorporate town or city, or any other town or public place in this State, and the parties or either of them, slhill use any dangerous weapon, contrary to the provisions of this Act, and either of the partes combatant shall be killed, or shall die within one year of any wound received in such duel or fight, the party surviving shall be, and is hereby held chargeable with the payment of the debts of his antagonist, so killed by him, and the estate of the party so killed shall be exonerated from the payment of such debts, until the surviving party shall he duly prosecuted to insolvecy, and the person or persons to whom the combatant so killed in such duel or fight shall be indebted, may prosecute to judgment and execution any action of debt or assumpsit, against such surviving party, which such person could have maintained against such party so killed, and in his declaration it shall be sufficient to set forth in substance the description of the judgment, bill, bond, note, assumpsit or account, by which the deceased in his lifetime was indebted to the plaintif, and to aver that the defendant and deceased had fought a duel contrary to the provisions of this Act, or had fought in an incorporated city or town, or other town or public place in this State, and had in such fight used a rifle, shot-gun, pistol, bowie-knife, dirk, small-sword, back-sword or other dangerous weapon, contrary to the meaning and intent of this Act, and that in such duel or light the defendant had unlawfully killed the deceased, or had given the deceased in said duel or fight it mortal wound, of which within one year the deceased had died, and that in consideration of which the defendant had become bound to pty to the plaintiff the amount of money mentioned in such judgment, bill, bond, note, assumpsit or account, and upon proving the same, the said plaintiff shall have verdict, judgment and execution against the defendant which shall appear to have been justly due and owing from the deceased
to the plaintiff at the time of the commencement of such suit, any law, usage or custom to the contrary notwithstanding; provided, also, that any conveyance of, or lien upon property, executed with the intention of avoidilg the provisions of this Act, shall be decmed and lield null and void.