The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-25
Ar ORDINANCE
AiSdemcanorS- Q0eases AgojaSt PaJliC
Peace, Defaed, eto.

BE 1, ordained by the City Council of tn
CIty OF IiHllaS.
section 4. Any two or more persons whi
SHALL In this city, assemble together, o
Uelug assembled, small acc IN concert Ia Il.
any unlawful act with force or VidleaC,
against the property OF TINS city, or the pea
SON or property OF another, or against tni
peace OF To- tho terror Of Others, ana Sh i
make any movement or preparation there
for, and every person present at such meet.
ing or assembly, VINO shall not endeavor Il
prevent the commission or Preparation O
such unlawful act, shall be doomed guilty
OF u misdelutanor, ANA upon CONVICTION
thereof, 0e fined not less than Ave nor ITfUr,
than nifty dollaIs,
SEC. 2. Any unlawful assembly Il TIA,
meeting of three or more persona with IN
tent 10 ala each other by violence, either t.
commit an oilense, or illegally 10 uepriV,
any p srsun OF tue enjoyment OF any right.
Sec &. II the purpose of an unlawful as
semDly be to prevent the holding of anN
public election, or To prevent any particular
pelsuh or number OF persOus from voting a
"A public election, the person or peraJns e,
Offending shall each oe fined in n SUN no
exceeding one hundred dollars.
SOD III the purpose Of AN unlawful as
semDly be 10 oppose or prevent the eXeou
tion or enforcement OF any law of the state
or ordinance of the corporation or iudg
ment of the Recorder or Mayor, the pnnish
mont shall be II nne not exceeding one hun
dreu dollars.
Sec. 5. If The purpose of the unlawful as
sembly be TO oppose or prevent the cUl.ec
ton OF tax, or money due the corporation
the punishment shall be u fine not exceed.
ing one hundred dollars.
sec. 6. II the purpose Of the unlawful as.
sembly be to effect any Illegal object other
than those mentioned in the preceding Sec
lions OF TINS chapter, each person engaged
therein shall be liable 10 u fine not excsed-
ing one hundred q liars.
see. I. Where the assembly was ct first
lawful, and the persons assembled shall
agree TO act together in the commission OF
any Oiiense, or snali Illegally deprive any
person of the enjoyment OF any right, all
persons so agreeing or acting together shall
DE deemed guilty OfHn Offense and shall lie
punished by tine not exceeding one hun
dred dollars.
See s. Amy person who, in this city, shall
disturb the peace Of others by violent, tu-
muituous, offensive or oDstreperous conduct
or carriage, or Oy loud and unusual noses,
on by uhseemly, profane, obscene or often
sive language, calculated TO provoke u
breach OF the peace, or by assaulting, strik-
ing or lighting another; or any person VINO,
IN this city. shall permit any snch conduct
IN any house or upon any premises owned
or possessed by them, or under their man
agement and control, so th6t others In the
d,emeu guilty ota miSdemeanOr, anu upon
conviction thereof, be fined not less than
live nor more than one hundred dollars,
Sea y. II any two or more persons shall
light together IN a public place within the
limits Of this city, they shall be punished by
fine not exceeding one hundred dollars
Sec, 10. The use OfRny unlawful violence
within the limits of this city, uPOs the per-
son with intent to inJure him, whatever be
the means or degree of violence used, Is an
assault and bait ny; any attempt to commit
battery or any threatening gesture show
ing la Itself or by words accompanying It,,
an immediate in' enuon, coupled with an
ability 10 commit "a battery, is an assault
see. IL Where injury Is caused by yio-
leucv TO the person, the iutent To lnjure ls
presumed, ana IL rests with the person in-
ilicLing the injury 10 show the accident or
Innocent int, ntiou. The Injury intended
may be either bodily pain, cOnstraint, a
use OF shame or other diSD gIeeabie emo
ton OF the mind.
sec Il. An assault, or an assault and bat
teIy, may be committed, though the psrs0n
actually Injured thereby was not the person
intended ~ bu injured.
SIC -. An assault, or an assault ana bat
terry, may be- committed by the uss OF any
part OF the person committing the Oiiense,
IS OF the hand, foot or head, or by use Of any
iunnimats object, AS a stick or anything else
ca patl H. il.cting the slightest injury, or
hy the use Of any animate OBJECT. aA by
throwing one person against another OF
driving horse or other animal against the
person. -
EtU a. Any means USED Dy lne PERSONS
asBaultlng, as by splitting In the face or
utuerWist, which IL capable of iiiillctipg
any injury, comes within the definition OF
an ASSAULT or an assault and Datlery' AS the
case may be.
sec. H. BY The terms coupled with an
ability TO eommIt'" ~ USED herein' IL
/. That the pers"n committing tie as.
s,uIt must be- III such fOsitiOn that, II not
prevented, he MAJ miiicta battery upon
the pcrsun ass6il. a.
of The person so assaulted as To make IL with
i'm mis- power. To- ccinmit the battery by the
use OF tine means with which lie attempts H.
Sec. ~ Violence used TO the persOL does
not amount 10 an assault ana bhtiefy IN the
'O in lie * rc.se OF the right Of moderate
restraint gwen by law TO the parent over
ihe child, the guardian over the ward, the
mas er over his apprentice or the teacher
q For preservation Of order in a meeting
inT any religious, political or other lawful
pa poses. ..,.... -, ..,... ~. a.
preyeut the comiri sion Of Onenses.
4. I'm preventing or intefrupiing an In
truslon upon the awful possession Of prop
eTty.
Ing the person arrested IN obedience 10 Tn
In !. ftil s'rter Of magistrate OF courtiand In
overc ming r.. istante To such lawful order
a In self-defense, or the defense Of anoth
err against unia gful violence offered 70 hi
person or property.
SOC. IL. In All cases mentioned in the pre-
cedIng section, where violence IL used 70 II
| feet n lawful purpose, only that degree o
| violence should be used 10 effect such puf
| poses. -. ,.-...
/ assauit and battery, but insulting and abu
| sive words may be given Ia evidence IN mil
| ieation Of the punishment affixed 20 th
| offence. , .. -.
zee. IT, The word battery as used In III
| preceding EectiOns. is used IN the same sens
A. " ASSAULT and battery.
pee 20 The punishment for a simple q
sault, or for assault and battery, within IN
limits Of the cify Of Dallas, shall be On
not exceeding one hundred dollars