216 CRIMES AND PUNISHMENTS. [ART. 30.

and imprisoned, or both, in the discretion of the court before

which he shall be tried and convicted.

DRUNKARDS.

42. Every person who shall be drunk in the presence of any
justice of the peace, minister, sheriff, coroner, constable, or
judge, or clerk of any court, on conviction thereof before any
justice of the peace, by the oath of one lawful witness, or by con-
fession of the party, shall be fined for every offence one dollar
and costs.

DUELLING.

43. Any person who shall wilfully and maliciously, or by
previous agreement, fight a duel or single combat with any
engine, instrument or weapon, the probable consequence of which
might be the death of either party, and in so doing shall kill his
antagonist or any other person, or inflict such wound as that the
person injured shall die thereof within twelve months and a day
thereafter, such offender, his aiders, abettors and counsellors
being thereof convicted, shall be sentenced to undergo a confine-
ment in the penitentiary for not less than five nor more than
eighteen years.

44. If any person shall for the purpose of eluding the pro-
visions of the preceding section leave the State, the person so
offending shall be deemed as guilty, and be subject to the like
penalties as if the offence had been committed within this State.

45. When any judge or justice of the peace has good cause to
suspect 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 were bound, directly or
indirectly, be concerned in a duel either with the person sus-
pected, or any other person within the time limited by the recog-
nizance.

EMBEZZLING PROPERTY AND WRITINGS.

46. Every person convicted of wilfully or corruptly embezzling,
stealing, withdrawing, impairing, razing or altering any will,
testament, codicil, patent, deed, or assignment of a patent, writ,