The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-29
AN ORDINANCE


BE /, ordained by the City Council of the
uty of pHllas;
section /, ANY two or more persons who
shall, IN this city, assemble together, or
being assembled, shall acc IN ruucurU To do
any unlawful act win force or violence
against the property Of TINS city, or tho per-
SOU or properly OF another, or against the
peace or To the terror vi Others, ana oil III
make any movement or preparation there
fOr, ana every person present nj such meet
ing or assembly, VINO shall not onduHVOr to
prevent the commission or pOrl otrUtlun ot
such unlawful ACT, shall be deemed guilty
OF misueluSNnoii aud upon Conviction
thereof DO fined not less Than Ave nor more
than MY collars,
Sec.2. Any unlawful assembly IS the
meeting OF three ur more perSOps with IN.
tent TO ala each other Dy VlulunCt, either Ia
commit an olloAse, or Illegally 10 deprive
any person oI me enjoyment OF any right.
see j, III lhe purpose OF an unlawful as
semOiy be 10 prevent the holding OF any
public election, or To prevent amy pMtloulul
peIsun or number ot persons nolu voting al
! u public eiecuOr, the person OF persons ~
oNenuiag ,iuu each h6 tutd in Il uum uol
exceeding one hundred dollars.
| Sc, 4. IL the purpose OF an unlawful rs
| sombiy be to oppose or prevent the eAeCu
| ton or enforcement OF any law of the state
| on ordnance of the corporation, or iudg
ment OF The RocOrdef az Mayor tbs punish
! ment shall be me MOI eAceeuIng one hun
| ulCd dollars.
| sec. b. II The purpose of the unlawful as
| soInby be 10 oppose or prevent the oOilec
ton Ul tax OF money due the corporation,
the punishment shall DO u hne not exceed.
ing one hundred dollars.
see. &. Ii the purpose OF the unlawful us.
selnDly be 10 effect any illegal object, other
than those mentioned in the preceding Sec
tiOns OF tins chapter, each person engaged
therein shall be llGbie 10 IA lne not g&peeu-
Ing one hundred dJliaIs.
A..F IN NH xr Of H..ut
lawful, and the persons assembled shall
agree to act together in the commission oil
any Oilonse, or snail illegally deprive any
person OF the enjoyment OF any night, all
persons so agreeing or acting together, shall
DO deemed guilty. of an Ciicuse ana shall he
punished by II line not exceeding one hun
drtd dollars.
See S. Any person who, In this city, shall
disturb the peace OF Others by violent, tu-
mutuous, offensive or oustIeperOus conduct
or carriage, or UY loud and unusual NOSES,
or by unNeemly, prOtaue, obscene or Oiien-
siVe language, calculated TO provoke a
breach OF the peace, o. by assautlng, slrik-
ing or lighting another; or any peers II VINO,
IN This city, snail permit any such conduct
in any mousse or upon any premises owned
or pOssesst Il by them, or under their man.
ugement and control, 80 That Others In The
vicinity are disturbed thereby, shall be
deemed guilty Ota misdemeanOr, ana upon
conviction thereof, be- fined not less than
five nor more than one hundred dollars.
SEQ y. II any Two or more persons Bnall
fight together IN "A public place within The
limits Of this city, they shall he punished by
" line not eXCteulng one hundred dollars.
Sec. 10. The use Oi any unlawful violence
within the limits Of this city, uIos the per-
son with intent to I'M urc him, whatever be
the means or degree of violence used, Is an
assault ana bait ~; any attempt to commit
a battery UT any threatening gesture show.
ing ia Itself or by words accompanying II,
an immediate intention, coupled with Az
ability To commit battery, Is an assault.
Sec. IL. Where injury IL caused by yio-
leIce to the person, the intent to lpiure Is
presumed, ana 10 rests with the person In
uiCLug the injury to show the accident OF
innocent intention. The Injury lutpudJ Il
may he either bOdily pain, cOnstraiut, a
< 800 Sc Of shame or Otner dlsagfeenb - emo
ton of the mind.
soc u. An assault or an assault aud bat
tery, may be committed, though the person
actually injured reDy was not the person
INTENDED o. be injured.
sec -. An assault, or an assault and bat
terry, may be- committed by the use If any
part Of the person committing the ulleuse,
AS of the hand foot or head, ur by use OF any
iuanimatr object, as stick or anything else
CapH lie Ofintilcting The slightest injury, or
by the use OF any animate object. AK by
throwing enc person against another, or
driving horse or other animal against the
person.
sec a. Any means used by the persons
assaulliug, as by splitting in the face Or
Otuorwisr, whiCn IL capable OF ihfliCting
any injury, CONES within the definition OF
au assault, or an assault and battery, ns the
case may be,
sec. Is. By the terms coupled with an
ability to commit rs used herein, Is
meant:
/. That the person committing tie as
sault must be in such a position that, ii not
prevented, he mHy inlet a battery uIon
the person assniled.
IN IA H. 90
of the person so as-aIlpd "a Ia maze u with
la his power to commit The battery by the
ne Of the means with which he attempts 10.
sec 10 Violence used ~ tue persOL does
not amount 10 an assault aud battery In the
| fol ewing eases;
In tne exercise Of the right of moderate
restraint gwen by law to the parent over
tile child, the guardian over the ward, the
mas er over his apprentice OF the teacher
For preservation OF order in meeting
for any religious, political or other lawful
3. For the preservation Of peace or to
preyfut the commission Of Offenses.
4. In preventing or lnterrupilng an in
truslon upon the awful possession Of prop
eTty.
ING the D. rson arrested in obedience b. the
lawful order Of a magistrate OF court and In
overcoming resistance to such lawful order.
s. In self-defense, or the defen - Of anOth-
er against unlawful violence offered to his
person or property.
Sec. L. In all cases mentioned In the pre-
ceding section. where violence H. used to e.
feet lawful purpose, only that degree OF
violence should be used 20 effect such pur-
poses.
Sec. is. No verbal prOyocation justifies an
assault and battery, but insulting and abu-
siye words may be given Ia evidence in nit
igaiiOn of the punishment affixed ~ the
offence
rec. n. The word battery as used In the
preceding sections, Is used In the same sense
as " assault and battery.
Sec 20. The punishmet for simple as
sault, OF for assault and battery within the
limits OF the city Of Dallas, shall be fine
not Tceeding one hundred dollars.