Definition of CHALLENGE


CHALLENGE

criminal law. A request by one person to another, to fight
a duel.

2. It is a high offence at common law, and indictable, as tending to a breach
of the peace. It may be in writing or verbally. Vide Hawk. P. C. b. 1, c.
63, s. 3; 6 East, R. 464; 8 East, R. 581; 1 Dana, R. 524; 1 South.. R. 40;
3 Wheel. Cr. C. 245 3 Rogers" Rec. 133; 2 M"Cord, R. 334 1 Hawks. R. 487;
1 Const. R. 107. He who carries a challenge is also punishable by indictment.
In most of the states, this barbarous practice is punishable by special
laws.

3. In most of the civilized nations challenging another to fight. is a crime,
as calculated to destroy the public peace; and those who partake in the
offence are generally liable to punishment. In Spain it is punished by loss
of offices, rents, and horrors received from the king, and the delinquent
is incapable to hold them in future. Aso & Man. Inst. B. 2, t. 19, c. 2,
6. See, generally, 6 J. J. @larsh. 120; 1 Munf. 468; 1 Russ. on Cr. 275;
6 J. J. Marsh. 1 19; Coust. Rep. 10 7; Joy on Chal. passim.

Source: Bouviers Law Dictionary 1856 Edition

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z