The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-21
AN ORDINANCE
Alsdcmc@ogs- OBatScs against Padlic
R0ce, DcMcd, ctc,

BE }, ordained by the CITY Council Of the
Gty oi tAliuh;
section ]. Amy two or more persons who
sinai, Ia TINS CITY, assemble together, or
utds dAhuubivdi small ace Ia concert 10 do
any unlawful ACT vita force or Vloleuco
against the property OF TINS city, or the per-
sun or properly OF auutncr or against the
peace or to the terror Of others, ana Sh Ii
make any movement or preparation thero-
lpii ana oNo,y person ptesCnt al suCn uUat-
my or assembly, VINO SnaIl not enuoaVOr 20
prevent tAo commission OF perpcirati0n OF
such unlawful act, shah be dcemed gully
Of migdemsUuur and upon convict "a
thereof, Ue nucd not less Than ave nor more
than nItS dOIlHts,
Soc. .. Any unlawful assembly Is tao
meeting Ul three OF moro persons with Az.
tent 10 ana each other by violence, either TO
Commil an UDelae, on Illegally To deprive
any psTaun OF tue enjoyment OF any right,
sec y, II Inc purpose OF an unldWtul as
scmDly he 10 prevent the holding OF any
public lection, or 10 prevent any particular
poison or number oil persons nom VouuB at
"A public etuCuop, the person o. pera0us NO
Oilauuing shall eDCn 20 uned IN Il sum not
l&cUeuinG one hundred dollars.
SO. !. II the pulpOso OF an unlawful uS.
,embly be to oppose or prevent the eNecu-
zion OF enforcement of any law OF the state
on ordinance OF tho corporation or ludg-
meni OF the ReCOrLor or Mayor, tnU punish.
nenu shall be a nn9 not eAceealng one nun
uIod dollars,
Sec b. Itlhe purpose OF the unlawful as
stIuOiy Ice 10 oppose or prevent tue Culiec-
ton Oh IlN, 81 monty que the corporation,
tie puniSnuUnt Sl3ul 30 a me not exceed
ing one huudteu dollars.
sec. q. If The purpose of the unlawful as.
sgulDiy ne 10 eject amy Illegal OBJECT, 9th 3r
Than tuVSa mentioned in tiIe preceding see
tIuui OF TINS Uhapjot, euUn person engaged
therein snail toe liable 10 u line not exceed
ing one hundred d liars.
sec. Z, Where the assembly was at first
Ia a. AT n
agree Ia act together IN The commission OF
any U1ensg, OF shall illegally deprive any
person OF the enjoyment OF any riSht, all
PERSONS SO agreeing or acting togeth er, shall
bp deemed guilty Of an Utiunse ana shall be
punished by tlue not exceeding one hum
urad dollars,
s,c 5. Any person who, in this city, shall
disturb the ptacC OF OILERS hy violent lu-
nuuuupk, offensive ur uuStIepcrOus con tiuC'
or cal.age, OK ~ loud and unusual uoi-e~,
or by un-eemly, prOfdue, obscene or oiien-
SlFc Language, calt ulHttu 20 provoke a
breach o the peace, o by as'aulIing, htrlk-
Ing or lighting another; on amy pars Wuu,
III this city, snail permit any sucu conduct
la amy house Or upon any premises owned
or possess by them, or under then man
tgemeHt and control, so a. at others IN the
vicinity arc Disturbed thereby, shall be
utGnluu gully ora mlsdtmeahOr, ana upon
e0uvictlUn thereof, be fined not less than
live nor more than one hundred dollars.
sec .. / any two or more persons s-ah
ii ght together IN pablo place within the
iiu4its vi ,hiS city, 'ney shall bo punished by
a fine not pNceeong one huudIvd dollars.
Sec 10. The use o. any unlIwiul violence
within the limits OF this city, upON the per-
son with intent to iujuru h!n, Whatevur be-
iht W ems or degree 81 vi tlcnCe used, l. Un
uSsuu and bait ~; any att mpt to commit
"a battery or any threatening &U-turo show
ing ia Itself Or by words accompanying IL,
an immediate IN 'enuon, co, pied with ana
ability 10 commit battery, Is an assault
see Where injury Is gNU1lu To-
leuc to The person, NE latent 10 Iulure L.
presumed, and n resiS with Inc person IN
tlicuEg the injury 10 snow the accident or
innocent intention, The Injury IHtpndt q
may be e1her bodIly pain, oOnslraint, a
sac OF shame or other diSagTeCub emo
ton Of the mind.
see T.. An assault, or an assault and bn
tory, may be committed, though the De rsOn
actually injured there by VIVA not the person
tutcnuCd L. Doe injured.
See u. An as Hull, o. an assault and bat
terry, may be committed by the usa OF auy
mart Of the person committing the OfigBSa,
as Of the hand, foot or head, or by use % any
luanimate object, as % stick or any hiui; else
gaTaule of intliCtlng 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
Sec H. Any means used by the persons
4ssuulting, AZ by splitting IN the face or
OF herWisr, which f. capable of iunictiug
,
an assault, or an assault and battery, as the
case mag be.
Sec. Is. BY the terms occupied with AN
ability to commit" as used herein, is
/. That the person commit NJ Tire MS
spult must be In such u nosltion That, II not
prevented, he may infllct n battery upon
the person assail d.
,. That he must DO within such distance
OF the person 80 assaulted rs To maze 10 with
In his power to commit ihg battery by the
use of the means with which he attempts it.
Sec. IL Violence used to the persOL does
not amount 10 an assault anu battery IN the
following cases:
4. In The exercise of the right Of moderate
restraint given by law to tne parent over
the child, the guardian over the ward, the
master over his apprentice or the teacher
,. For preservation Of order in a meeting
for any religious, political or other lawful
pu poses.
prevent the commission Of Oilenses
T. I'm preventing or inteTrupting an in
trusion upon the lawful possession Of prop
ertg.
ing the person arrested in obedience 20 the
awful crder offs magistrate OF court end I'm
overc lmiug re- istante To such Law iui order.
q In seif-deie1se. or the defense of auuth-
or against unlawful violence offered 70 ms
person or property.
see. IL. In all cases mentioned IN the pre-
c-ding section. where violence is used To e
feet n lawful purpose. only That degree Of
violence should be used TO elect such puf-
poses,
sec. Is. No verbal prOvocaiion iusuilfs on
assault and battery, bus insulting and abu-
sive words may be giVeu iu evidence ~ nit
igaiion Of the punishment elzed 70 the
offence.
see 10. The word battery As used IN tbe
pr ceiing sections is used 81 the same sense
as assault and battery.
see 20 The punishment for a simple IS
ssult or for assault and battery, within the
limits Of the city Of Dallas, shall be q fne