1864 Terr. of Mont. Acts 182

Sec. 36. If any person shall hereafter challenge another to fight a duel with deadly weapons, or in any manner whatever, the probable issue of which might result in the death of either; or if any person shall accept a challenge or agree to fight a duel, every person so offending shall, upon an action thereof, be rendered incapable of holding any office of trust or profit, either civil or military, under the government of the Territory, and fined in any sum not exceeding five hundred dollars. 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 person offending 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, with or without deadly weapons, upon previous agreement, fight one with another, and should death ensue to any person in such fight, or should any person die from an injury received in such fight, within one year and a day, the person or persons causing such death shall be deemed guilty of murder in the first degree, and shall be punished accordingly. SEC. 39. 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-defence, or who shall in any manner unlawfully use the same in any fight pr 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 in to the county treasury of the county wherein such offence was committed, for county purposes. Provided, nevertheless, That no sheriff, deputy sheriff, 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 herein before mentioned, while in the lawful discharge of his or their duties. It shall be the duty of all military; civil, and peace officers in this Territory to be vigilant in carrying the provisions of this act into full force and effect, as well, also, as all grand juries, or grand jurors, to inquire into and make presentment of each and every offence, under this act, which shall come under or within their knowledge. It shall be and is hereby made the duty of all judges in this Territory to give this act in charge to the grand juries at each term of their respective courts; and also to all trial juries empaneled for the trial of any of the offences herein before mentioned in this act.