The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1874-06-21

| =.
the arrest ana punishment ofall offender
and the general execution OF the penal law
| Oi The State. Ana do invoke their especin
| attention TO the following provisions OF law
| which ARE deemed pertinent 10 the ocoa
| sion
"Tho following officers nro magistrate,
| within the meaning OF he law The Judge
sf the supreme court, the Judges OF the dis
| trlct courts, the justices Of the peace, am
mayors or recorders OF IN Incorporated tow
or city" U' ID Art. 2il0,
| The following are peace officers :; tn
sheriff and Ills deputies, conslablcs, marshal
| otincOrporated towns or cities, and prlvnt
| persons specially appointed 10 execute criml
| nal process I'D. 2j2O).
"lt Is the duty OF every officer known as
magistrate 70 preserve the peace within hi
jurisdiction, by the use of all lawful means
| 10 Issue all processes intended TO aid In pre-
venting ana SuppresSlng crime; 70 cause tn
| arrest of Offenders, by the use of lawn
means, In order that they may be brought {,
| punishment I'd. 2iOS.i
II Is the duty of every peace officer 10 pre-
| serve the peace within his Jurisdiction, 4,
effect this purpose he shall use all Lawful
means. lie shall In every case whore he 4
authorized by the provisions of the code, in
teriere without warrant to prevent or sup
He shall give notice TO some magistrate o
all oilenSeS committed within his Jurisdic
ton, where he has good reason 10 beliey,
there has been violation of the penal law
In every case where he IL authorized by law
in order that they may be taken before III,
proper magistrate or court, and be brought
To punishment" I'd. 25OO)
each sheriff is the keeper OF the Jail OF his
county, and responsible for the safe keepinl
OF all prisoners committed 10 his custody
I'd. 2605.
"The sheriff may appoint jailor TO take
charge of the jail and supply, the wants of 4
person therein confined; and the person sc
appointed Is responsible for the safety Of
prisoners, and liable To punish ment as pro.
vided by law, for negligently or wllfully per-
uniting rescue or escape.
I'D. 250O.
"Whenever peace officer meets with re-
Sistance in discharging any duty imposed
upon him by law, he shall summon sum.
Client number of citizens of his county IL
overcome the resistance, ana all persons
refuse, are guilty OF an offense." I'D. 2jll).
"When IL becomes necessary To employ a
guard for the safe keeping of prisoners, the
sheriff shall be allowed one dollar u day for
each person employed M guard, and an adj
ditional allowance for the board of such
guard" I'D $500.
"The commission of offtnses may he pre-
vented either, first, by lawful resistance, or,
second, by the intervention Of the officers OF
the law" I'D. 2j33)
ANY person, other than the party about
to be injured, may, also, by the use of necps-
sary means, prevent the commission OF an
OutDst. III. @ODN.)
1t Is the duty of every magistrate, when
he may have heard, in any manner, that Il
threat has been made by one person TO do
some Injury to the person or property of ans
other, Immediately TO give notice To some
peace officer, in order that such peace officer
may use lawful means to prevent the in
jury" I'd. 25iO1
"Wbeuever in the presence or within the
observation ola magistrate an attempt Is
made by one person 10 lntiict an injury upon
is
duty to use all lawful means to prevent the
injury This may De done either by verbal
order to u peace officer TO interfere and pre-
vent the injury, or by issuance of an order OF
arrest against the offender, or by arresting
fine offender; for which purpose he may call
upon all per ons present to assist in making
the arrest" I'D. 25il.)
"If within the hearing ola magistrate, one
person shall threaten TO take the life OF an
other, he shall issue warrant for the arrest
of the person making the threat, or, in case
of emergency, he may himself Immediately
arrest such person" I'd. 25i2.)
at is the duty Of every peace officer when
he may have been informed in any manner
that a threat has been made by one person
TO do some injury to the person or property
OF another, TO prevent the threatened injury
II within his power; and in order to do this
he may call in aid any number of citizens In
his county. He may take such measures MS
the person about to be injured might for the
prevention of the otfense." I'D. 2diD
"Whenever, in the presence of a peace OIL
Ger, or within his view, one person Is about
to commit an ofiense against the person or
property ofanother, 1t is his duty to prevent,
Ii, and tor this purpose he may summon any
number of citizens OF his county to his aid.
Ho must use the amount of force necessary
to prevent the commission of the onense,
and no greater. I'D. 25i5.)
"The conduct of peace officers in prevent
ing offenses about To be committed in their
presence, or within their view, is to be regu-
n lac go AVhg ihnh N
the action of the person about to DO injured.
They may use all force necessary TO repel the
aggression" I'D. 25I6l.
"When from the nature of the case, and
the proof offered TO the magistrate, 1t NAV
appear necessary and proper, he shnll have
a right to order any peace officer TO protect
the person or property of any individual
threatened and such police officer shall
have the right to summon aid, by requiring
any number of citizens OF his county to as
sist in giving the protection" III. 800.
"When any officer authorized TO execute
process Is resisted, or when he has sufficient
reason SO believe that he will meet with re-
sistancc In executing the same, he may conf
mand rs many of the citizens of his county
as he may think proper, and tine sheriff may
call any military company in the county TO
aid him in overcoming the resistance, and,
If necessary, In Selling and arresting the per-
sons engaged In such resistance, so that they
may be brought to trial. I'D. 2dHN.
at is misdemeanor to refuse TO OBEY an
officer, when SUNNI oned by him for the pur-
poses set forth in the preceding article"
I'D. 256i.)
"If 1t he represented to the governor in
such manner as to satisfy him that the pow
er of the county is not sufficient to enable
the sheriff to execute process, he may, on APP
plication, order any military company OF
volunteers, from another county, to AID in
overcoming such resistance" I'D. 2j65.)
"Whenever o number of persons are as
sembled together in such n manner as to
constitute a riot, according to the penal law
of the state, 1t is the duty of every magistrate
or peace officer TO canse such persons to dis
perse. This may be either done by COM
manding them to disperse, or by arresting
the, persons engaged, If necessary, either
with or without warrant" Id. $780,
"1n order to enable the officer 10 disperse q
riot, he may call TO his aid the power Of the
county, In the same manner ms is provided
when it Is necessary for the execution of pro-
cess d" I'D. 2567)
"If justice of the peace, mayor, or any
peace officer shall have notice of II riot, and
shall fail to take measures necessary to pre-
vent 1t, he is guilty OF misdemeanor. I'D.
256S.l
"The officer engaged in suppressing riot,
and those who aid him, are authorized and
justified In adopting such measures as are
necessary to suppress the riot, but are not
authorized to use any greater degree OF force
than is necessary TO accomplish that object.
I'D. 2589l
"If any person, being called on by a magis-
trste or peace officer, shall fail or refuse TO
aid such officer In any matter In which by
Law he may be rightly called on to aid or as
sist In the execution of n duty incumbent
upon such magistrate or peace officer, he
shall be pushed by fine not exceeding one
hundred dollars" I'D. 1859
"Each sheriff shall be conservator of the
peace in his county, and shall arrest all Of
tenders against the laws Of the state in his
view or hearing, and take them before the
proper court for examination or trial. He
shall quell and suppress all assaults and bat.
teries, ARRAYS, Instructions and unlawful
assemblies. He shall apprehend and COM
nit to Jail all fel0ns and other offenders, un-
III an examination or trial can be mad.
I'D. 5ll4J.
whenever sheriff or any Of his deputies
shall meet with resistance In the execution
OF any legal process, they shall call TO their
I'D. Blu. 81
And do further direct the district attor-
neys of the respective districts ofthe state TO
the necessity r. sleepless vigilance in ferret
ing out all offenders against the laws, and