The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-27
AN ORDINANCE
MiSdcmcmorS- Q0aascs against HaJiic
Race, Dcdnod, etc.

BE i, ordained by the city Council OF the
Clty OF pallas.
Section |, Any two or more persons who
shall, in this city, assemble together or
being assembled, snail act in concert 10 do
any unlawful act with force or violence
against the property of TINS city, or the pOr-
son or property VI another, on against the
peace or 10 the terror of others, aud sh II
make any movement or preparation there
tor, and every person present nj such meet
ing or assembly, VINO shall not cndeavOr To
prevent the commission or preparation OF
such unlawful act, shall be deemed guilty
OF u misdemeanOr, and upon conviction
thereof, be fined not loss than iiye nor more
than Dity uollats.
Soc 2. Any unlawful assembly Is the
meeting Of three or more persona with IN.
tent 10 ala each other by violence, either TO
commit an oilense, or illegally To deprive
any y rson OF the enjoyment OF any right
sec 3. II the purpose OF an unlawful as.
semOly be To prevent tho holding OF any
public election, or 10 prevent any particular
pelsOn or number oi persons from voting AZ
IL public election, the person or persons 80
Offending shall each he flned In sum not
exceeding one hundred dollars.
see. 1. II the purpOae of an unlawful as
Sembly be 10 oppose or prevent the oNeCu-
| ton OF enforcement of any law of the state
| or ordinance OF the corporation. OF judg-
ment ul the Recorder or Mayor, the punish.
| ment Alall be u HnU noe OACeeuinK one hun
dred dollars.
Sec. .. Ii the purpose Of the unlawful as
semby be to oppose or prevent the cOliec-
ton ot tax, or money due the corporation,
the punishment SHAH DO II fine not exceed
ing one hundred dollars.
sec. &. II the purpose of the unlawful as.
sembIy be TO effect any Illegal object, other
than InUse mentioned In the preceding sec
lions OF tins ohupler, each person engaged
therein snail Oe liable 70 Il fine not exceed
ing one hundred dollars.
Sec. 7. Where the assembly was Vt FIRST
lawful, and the persons assembled shall
agree 10 act together In the commission of
any ohense or shall illegally deprive any
peraon OF the enjoyment of any right, ali
persons so agreeing or acting together shall
DO deemed guilty Ofan otfense and shall he
punished by llne not exceeding one hun
urod dollars
Sec s, Any person who, in this city, shall
disturb the peace of others by violent, tn
multuOus, offensive or 0Dstreperous conduct
or carriage, or Oy loud ANA unusual noises,
or by unseemly, proiane, obscene or often
siVe language, calculated to provoke u
breach Oh the peace, or by assaulting, strik-
ing or lighting another, or any person who,
IN this city, shall permit any such conduct
In any house OF upon any premises owned
or possessed by them, or under their man
agement and control, so that Others III the
vicinity are disturbed thereby, shall be
deemed guilty of "A misdemeanOr, and upon
conviction thereof, be fined not less than
five nor more than one hundred dollars.
sec ., II any Two or more persons shalI
fight together in a pnblic place within the
limits OF this city, they shall be punished by
u line not exceeding one hundred dollars.
Sec, 10. The use OF any unlawful violence
within the limits OF this city, upoH the per-
son with intent to njure him, whatever be
the means or degree OF violence used, is an
assault and bait ry; any attempt to commit
battery or any threatening gesture show
ing ia itself or by words accompanying IL,
an immediate in enuon, coupled with an
ability 10 commit battery, isan fsuult
Sec. II. Where Injury is caused by vio-
LEI &c to the person, the intent to injure is
presumed, and IL rests with the person in
tliotiug the injury to show the accident OF
Innocent intention. The Injury Intended
may be either bodily pain, cUnStraiut, u
\ 200 80 of shame or other dlsagreeab Z emo.
ton OF the mind.
Sec II. An assault, or an assault and bat
terry, may be committed, though the person
actually injured thereby was not the person
Intended IN be injured.
Sec. 10. An as Ault, or an assault and bat
terry, may be committed by the use of any
part OF the person committing the uflenss,
as of the hand, foot or head, OF by use OF any
inanimata object, as y stick or ything else
cRpa 10 Ofinfilctlng the slightest injury. or
by the use of any animate object. az by
throwing enc person against another, or
driving horse or other animal against the
person.
See a. Any means used by the persons
assaulting, as by splitting In the face or
Otherwise, which IL capable of iDtlicting
any injury, comes within the definition OF
| an assault OF an assault and battery, as the
case may be.
See. Is By the terms Occupied with an
ability 10 commit" as used herein, Is
meant:
sault must be In such position that, IL not
prevented, he may innict battery upon
| the person assailed.
p, That he must be- Within such distance
| of the person SO assailed as TO make IL with
| in his power TO commit The battery by tine
use Of the means with which he attempts IL.
Sec. ID Violence used TO the persoL does
not amount o an assault and battery in the
] fol.t wing cases:
/ Ia tie exercise OF the right OF moderate
| restraint given by law TO the parent over
the child, the guardian over the ward, the
mas er over his apprentice or the teacher
over the scholar.
2. For preservation Of order in meeting
for any religious, political or other lawful
| pu poses.
3. For the preservation of peace or to
/ prevent the commission OF Offensee
! 4. In preventing or interfupting an I'm.
trusiOn upon tie lawful possession Of prop
efty.
S. In making lawful arrest and detain.
| Ing the D. rsOn arrested in obedience TO the
lawful order Of magistrate OF courtand I'm
Overc ming re istante TO such Lawful order.
| g. In self-deiense, or the defense of anoth-
/ er against unlawful violence offered To his
/ person OF property.
Sec. II. In all cases mentioned I'm the pre-.
! cediDg section, where viOl5uce is used 10 e.
/ feet q lawful purpose, only that degree OF
/ violence should be used 10 effect such pur.
/ poses.
zee. =. No verbal proyocati0n justiies an
assault and battery. but Insulting and abu.
sivs words may be given In evidence IN mil
igation Of the punishment affixed to tht
! offence.
zee. 10. The word battery as used in tbs
preceding sections, is used In the same a.,
a. assault and battery.
Sec 20. The punishmet for a simple as
eault, OF for assault and battery within tn,
limits Of the city Of Dallas, shall be a fins
not xceeding one hundred dollars.