STAGE SERVER

Volney Erskine Howard, The Statutes of the State of Mississippi 675-76 (1840)

Abstract
§ 54: Prohibited dueling
Summary
This statute holds the survivor of an illegal duel or public fight with deadly weapons liable for the debts of their slain opponent if the victim dies from their injuries within ninety days. Creditors of the deceased are authorized to sue the surviving party directly to collect those debts, while the deceased's estate is temporarily relieved of liability until the survivor is prosecuted to insolvency.
Law Text
SECT. 54. 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, shall use any rifle, shot gun, sword cane, pistol, dirk, dirk knife, Bowie knife, or any other deadly weapon, contrary to the provisions of this act, and either of the parties combatant shall be killed, or shall die within ninety days, of any wound received in any such duel or fight, the party surviving shall be, and he 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 be first duly prosecuted to insolvency, 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 plaintiff, and to aver that the defendant and the 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, sword, sword cane, pistol, dirk, dirk knife, Bowie knife, or other deadly weapon, contrary to the meaning and intent of this act, and that in such duel or fight the defendant had unlawfully killed the deceased, or had given the deceased, in such duel or fight, a mortal wound, of which, within ninety days, the deceased had died, and that in consideration of which the defendant had become bound to pay 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.

Description

Categories

DUELING

Citation

Loading...
Thumbnail Image

Date

1840

Jurisdiction

Mississippi

Authors

Collections