SEC. 35. If any person shall, by previous appointment or agreement, fight a duel with a rifle, shot gun, pistol, bowie knife, dirk, small sword, back sword, or any other dangerous weapon, and in so doing shall kill his antagonist, or any person or persons, or shall inflict such wound as that the party or parties injured shall die thereof within one year thereafter, every such offender shall be deemed guilty of murder in the first degree, and upon conviction thereof shall be punished accordingly.

SEC. 36. Any person who shall engage in a duel with any deadly weapon, although no homicide ensue, or shall challenge another to fight such duel, or shall send or deliver any verbal or written message, purporting or intending to be such challenge, although no duel ensue, shall be punished by imprisonment in the territorial prison not less than two, nor more than ten years, and shall be incapable of voting or holding any office of trust or profit, under the laws of this territory.

SEC. 37. Any and every person who shall be present at the time of fighting any duel with deadly weapons, either as second, aid, surgeon or spectator, or who shall advise or give assistance to such duel, shall be a competent witness against any personoffending against any of the provisions of this act, and may be compelled to appear and give evidence before any justice of the peace, grand jury or court, in the same manner as other witnesses; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.

SEC. 38. If any person shall post another, or, in writing, or print, or orally, shall use any reproachful or contemptuous language to, or concerning another, for not fighting a duel, or for not sending, or accepting a challenge, he shall be imprisoned in the territorial prison for a term not less than six months, nor more than one year, and fined in any sum not less than five hundred, nor more than one thousand dollars.

SEC. 39. If any person, with or without deadly weapons, upon previous concert and agreement, fight one with another, upon conviction thereof, they, or either, or any of them, shall be punished by imprisonment in the territorial prison for a term not less than two years, nor more than five years; should death ensue to any person in such fight, or should any person die from any injury received in such fight, within one year and one day, the person or persons causing such death shall be deemed guilty of murder, and shall be punished accordingly.

SEC. 40. That any person in this territory, having, carrying, or procuring from another person, any dirk, dirk knife, sword sword cane, pistol, gun, or other deadly weapon, who shall in the presence of two or more persons, draw or exhibit any of said deadly weapons, in a rude, angry, and threatening manner, not in necessary self-defense, or who shall, in any manner, unlawfully use the same, in any fight or quarrel, the person or persons so offending, upon conviction thereof in any criminal court in any county in this territory, shall be fined in any sum not less than one hundred nor more than one thousand dollars, or imprisoned in the territorial prison not less than one, nor more than twelve months, at the discretion of the court, or both such fine and imprisonment, together with the costs of prosecution; which said costs shall in all cases be computed and collected in the same manner as costs in civil cases. All fines and forfeitures, arising under the provisions of this act, shall be paid into the county treasury of the county wherein such offence was committed, for county purposes: Provided, nevertheless, That no sherriff, deputy sherif, constable, marshal, or other peace officer, shall be held to answer, under the provisions of this act, for drawing or exhibiting any of the weapons hereinbefore mentioned, while in the lawful discharge of his or their duties.