or might be the death of the challenger or challenged, or if any person shall accept a challenge, or fight a duel, as above, such person shall be incapable of holding or being elected to any post of profit, trust or emolument, civil or military, under the government of this commonwealth. 3. After the passing of this act, every person who shall be appointed to any office or place, civil or military, under this commonwealth, shall, in addition to the oath now prescribed by law, take the following. I do solemnly swear or affirm (as the case may be) that I have not been engaged in a duel, by sending or accepting a challenge to fight a duel, or by fighting a duel, or in any other manner, in violation of the act entitled An act to suppress duelling,' since the passage of that act, nor will I be so concerned directly or indirectly in such duel during my continuance in office. So help me God.' 4. The judges of the circuit and the county courts, at their quarterly sessions, are enjoined to give expressly in charge to the jury all the laws in force to suppress duelling, and to charge them to present all persons concerned in carrying, sending, or accepting a challenge; and on presentment, if the court has jurisdiction of the offence, it shall proceed to trial in the ordinary way; if not, the presentment shall either be certified by order of court, to such court as has jurisdiction, or shall be considered in law a sufficient authority for a magistrate to issue his warrant against the accused, where an examining court is necessary. 5. When any judge or magistrate has good cause to suspect that any person or persons are about to be engaged in a duel, he may issue his warrant to bring the parties before him; and if he shall think proper to take of them a recognizance to keep the peace, he shall insert in the condition, that the party or parties shall not, during the time for which they are bound, directly or indirectly, be concerned in a duel, either with the person suspected, or any other person, within the time limited by the recognizance. 6. If any person or persons, in order to clude the operation of this law, shall leave the state, they shall be deemed as guilty, and subject to the like penalties, as if the offence had been committed within this commonwealth. If any person shall leave the state with an intention of giving or receiving a challenge to fight a duel, or of aiding or abetting in giving or receiving such challenge, and a duel shall actually be fought, whereby the death of any person shall happen, and the person so leaving the state shall remain thereout, so as to prevent his apprehension for the purpose of trial; or if any person shall fight a duel in this state, or aid or abet therein, whereby any person shall be killed, and then flee into another state to avoid his trial, in either case it shall be the duty of the executive, and they are directed to adopt and pursue all legal steps to cause any such offender to be apprehended, and brought to trial in the county where the offence was committed, when the duel shall have been fought in this state, and when fought without, then in that county, where, in the opinion of the executive, the evidence against the offender can be best obtained and produced upon his trial. 7. It shall be the duty of the attornies for the commonwealth, for the county courts, to give information to the executive, whenever a case shall arise in their counties, which will render the interposition of the executive necessary; and the said attornies, either at the first quarterly term after the commencement of this act, or at the time of accepting their offices, where they shall hereafter be appointed, shall take the following oath: 'I do solemnly swear or affirm (as the case may be) that I will to the best of my judgment execute the duty imposed on me by the act to suppress duelling. So help me God.' 8. All words which, from their usual construction and common acceptation, are considered as insults, and lead to violence and breach of the peace, shall hereafter be actionable, and no plea, exception or demurrer, shall be sustained in any court within this commonwealth, to preclude a jury from passing thereon, who are hereby declared to be the sole judges of the damages sustained: Provided that the courts may grant new trials as heretofore. (A) Warrant to apprehend the parties suspected of being about to fight a duel. county, to wit. Whereas, from the information of A I, this day given me upon oath (or from my own knowledge, as the case is) I have good cause to suspect that B D and C D, of are about to be engaged in a duel, in violation of the act of the General Assembly to suppress duelfing. These are therefore to require you immediately to apprehend the said B C and C D, and bring them before me, or some other justice of the peace for the county of aforesaid, to be dealt with according to law. Given under my hand and seal, as a justice of the peace for the county of in the year this day of (B) Recognizance. (Therecognizance may be the same as form (D) under title "Surety for the peace," with the following condition :) The condition of this recognizance is such, that if the above bound BD shall personally appear at the next court, to be holden in and for the county of aforesaid, to do and receive what shall then and there be enjoined him by the said court, and in the mean time shall keep the peace towards the commonwealth and all its citizens, especially towards C D, of ; and moreover, shall not, during the said time, directly or indirectly be concerned in a duel, either with the said C D, or any other person whatsoever; then the said recognizance to be void, else to remain in full force. A recognizance should be taken from each, conditioned that he would not be concerned in a duel with the other; and the sum should be high enough to insure the appearance of the parties at court, when a similar clause in the condition must be inserted. (C) Warrant, for murder. county, to wit. Whereas A I, of hath this day made oath before me J P, a day of instant, B D, of was shot through the body with a leaden bullet, whereof he instantly died (or if killed in any other manner, describe it with convenient certainty) and that he the said A I hath good grounds to suspect, and doth suspect, that C O, of justice of the peace for the county aforesaid, that on the , perpetrated the murder aforesaid. These are therefore to require you forthwith to apprehend the said C O, and bring him before me, or some other justice of the peace for the said county of to be dealt with according to law. Given under my hand and seal, &c. To to execute. If the party be not actually dead, but in great danger of dying, then describe the injury according to the truth of the case, and say, 'And whereas the said B D hath continued in a languishing condition ever since, and his life is at present greatly despaired of and instead of ' murder,' say' act.' (Conclude as above.) For a mittimus, see titles' COMMITMENT, CRIMINALS.' (D) Indictment for murder, by beating with fists and kicking on the ground, where no visible mortal wound can be discovered. County, to wit. The jurors, &c. upon their oath, present, that late of the parish of labourer, not having the fear of God before his eyes, but being moved and seduced by the instigation in the county of day of in the year and did of the devil, on the with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one in the peace of God and the commonwealth then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said then and there feloniously, wilfully, and of his malice aforethought, did strike, beat, and kick the said with his hands and feet, in and upon the head, breast, back, belly, sides, and other parts of the body of him the said then and there feloniously, wilfully, and of his malice aforethought cast and throw the said down unto and upon the ground, with great force and violence there, giving unto the said then and there, as well by the beating, striking, and kicking of him the said in manner and form aforesaid, as by the casting and throwing of him the said down as aforesaid, several mortal strokes, wounds, and bruises, in and upon the head, breast, back, belly, sides, and other parts of the body of him the said of which said mortal strokes, wounds, and bruises, he the said from the said day of in the year aforesaid, until the as well at the parish aforesaid, in the parish of in the said county of day of day of in the in the parish aforesaid, in year aforesaid, in ing did live; on which said aforesaid, the said the county aforesaid, of the several mortal strokes, wounds, and bruises aforesaid, died. And so the jurors aforesaid, upon their oath afore. said, do say, that the said him the said in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace and dignity of the common. wealth. of his on the (E) Indictment for murder, by casting a stone. county, to wit. The jurors, &c. upon their oath present, that C B, late of the parish in the county of labourer, not having the fear of God before eyes, but being moved and seduced by the instigation of the devil, day of in the year with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one M, the wife of M H, in the peace of God and this commonwealth, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said C B, a certain stone of no value, which he the said C B, in his right hand then and there had and held, in and upon the right side of the head, near the right temple of her the said M, then and there feloniously, wilfully, and of his malice aforethought, did cast and throw; and that the said C B, with the stone aforesaid, so as aforesaid cast and thrown, the aforesaid M, in and upon the right side of the head, near the right temple of her the said M, then and there feloniously, wilfully, and of his malice aforethought, did strike, penetrate and wound, giving to the said M, by the casting and throwing of the stone aforesaid, in and upon the right side of the head, near the right temple, of her the said M, one mortal wound, of the length of one inch, and of the depth of one inch, of which said mortal wound she the said M, from the said day of aforesaid, until the day of the same month of day of in the year in the same year, at the parish aforesaid, in the county aforesaid, did languish, and languishing did live; on which said in the year aforesaid, the said M, at the parish aforesaid, in the county aforesaid, of the mortal wound aforesaid, died; and so the jurors aforesaid, upon their oath aforesaid, do say, that the said C B, her the said M H, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace and dignity of the commonwealth. -(F) Indictment for murder and petit-treason, by shooting, viz. against the person who shot, and the widow of the deceased, for aiding and assisting. county, to wit. The jurors, &c. upon their oath present, that M H, late of the parish of L C, in the county of yeoman, and widow (late the wife of late of the same place, late of the same, labourer) not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the year day of in the , with force and arms, at the parish aforesaid, in the county aforesaid, feloniously, wilfully, and of their malice aforethought, and she the said also traiterously did make an assault upon the said the husband of her the said in the peace of God and this commonwealth then and there being, and that the same a certain gun, of the value of five shillings, then and there charged and loaded with gun powder, and divers leaden shot, which gun he the said in both his hands then and there had and held, to, against and upon the said then and there feloniously, wilfully, and of his malice aforethought, did shoot and discharge, and that the said with the leaden shot aforesaid, out of the gun aforesaid, then and there by force of the gun powder, shot, discharged, and sent forth as aforesaid, the aforesaid in and upon the left side of the head of him the said near the left ear of him the said then and there, with the leaden shot aforesaid, out of the gun aforesaid, by the said so as aforesaid shot, discharged and sent forth, feloniously, wilfully, and of his malice aforethought, did strike, penetrate, and wound, giving to the said with the leaden shot aforesaid, so as aforesaid shot, discharged, and sent forth, out of the gun aforesaid, by the said in and upon the left side of the head of him the said one mortal wound, of the depth of four inches, and of the breadth of two inches, of which said mortal wound the said then and there instantly died; and that the said the wife of him the said then and there, feloniously. traiterously, wilfully, and of her malice aforethought, was present, aiding, helping, abetting, comforting, assisting, and maintaining the said the felony and murder aforesaid, in manner and form aforesaid, to do and commit. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said and of his malice aforethought, and the said ously, wilfully, and of her malice aforethought, him the said and there, in manner and form aforesaid, did kill and murder, against the peace and dignity of the commonwealth. near the left ear of him the said feloniously, wilfully, feloniously, traiter. then (G) Indictment against a man for confining and starving his wife to death. County, to wit. The jurors for, &c. upon their oath present, that parish of in the county of late of the not having the fear of God before his eyes, but being moved and seduced by the instigation of the de vil, and of his malice aforethought, contriving and intending his wife, feloniously, wilfully, and of his malice aforethought, to starve, kill, and murder, on the day of in the year with force and arms, at the parish aforesaid, in the county aforesaid, in and upon the said in the peace of God and of the commonwealth then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, her the said in a certain closet, in a certain lodging room, part and parcel of a certain mesSuage or dwelling-house, there situate, feloniously, wilfully, and of his |