The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-20
AN ORDINANCE
MSdcmcmorS 0BoWses against PpJiic
Racc DCMaed, etc,

BE IL ordained by the city Council of the
city OF alias:
section |. Any two or more persons who
shall, In this Clly, assemble together, Ol
ueing assembled, shall uct III concert Ia do
any unlawful act with force or violence
against The property OF tins city, or the per
SON or property Of another, or against the
peace or 10 tine terror of others, and Sh II
make any movement or preparation there
for, and every person present AZ such meet
ing or assembly, who shall not undeayOr %
prevent the commission or penetration OF
such unlawful act, shall be deemed guilty
Of - mlsdeuSanur, and upon conviction
thereof, be hned not less than hVe nor more
than MY uOllatS.
Sec. ., Any unlawful assembly is the
meeting OF three or more persons with in.
tent TO ala e0ch other by violence, either to
commit an uieGse, or illegally TO deprive
any p.rsOn OF the eDJoyment OF any right.
Seu 3. II the purpose OF an unlawful AS
sembly be u prevent the holding of any
public election, or TO prevent any particular
pel SON or number OF persons from voting al
II public election, the person or persons X,
otienuing shall each DO fined in Il sum no
exceeding one hundred dollars.
sec. 1. II the purpose OF an unlawful as
sembly be to oppose or prevent The CAecu
ton or enforcement OF any law of the state
or ordinance of the corporation, or juug
menl of Tie Recorder or Mayor, the punish
ment shall be Il me not eNceeuing one hun
drpu dollars,
Sec. .. 1.-THE purpose of the unlawful as
semb.y be To oppose or prevent the cOlec
ton OF tax, or money due the corporation
the punishment shall be n fine not exceed
ing one hundred dollars.
sec. &. If the purpose OF the unlawful as.
sem bly, be to etf5ct any Illegal object, other
than those mentioned in the preceding sec
lions OF tins chapter, each person engaged
therein shall be liable W II fine not exceed
ing one hundred IllHTs,
Sec Where the assembly was at first
lawful, and the persons assembled shall
agree to act together In the commission OF
any ofiense, or shall illegally deprive any
per on OF the enjoyment OF my right, nil
persons so agreeing on acting together, shall
De deemed guilty Cfan Ciienso and shall be
punished by II ilno not exceeding one hun
dr>d dollars.
Sec s. Any person who, in this city, shall
disturb the peace of others by violent tn
multuous, offensive or Oostreperous con luct
or carriage, or W loud and unusual noises,
or by uneeelnly, proflne, obscene or oilen-
siVe language, calculated to provoke u
breach ol the peace, o. by asS&uiuus, strik-
ing or lighting another; or any pers VINO
IN this city, shall permit any such conduct
in any house or upon any premises owned
or possessed by them, or under their man
agenle nt and control, so mat others in the
vicinity are disturbed thereby, shall be
deemed guilty ota misdemeanor, and upon
conviction hereof, be ineu NOT less than
nve nor more than one hundred dollars.
Sec .. II any two or more persons slall
FIGHT together in n public place within the
units of this city, 'ney shall be punished by
| fine not exceeding one huuuIed dollars.
Sec 10. The use OF any unlawful violence
within the limits of this city, uPos the per
son with intent to injuTe hiis, whatever bt
the means or degree Of VII lence used, Is m
assault and bait ry; any attempt to commit
% battery or any Threatening gesture show
ing in itself or by wOtdS accompanying IT,
an immediate intention, coupled win an
ability 20 commi; battery, an Assault,
Sec II, Whore injury is caused by VIC.
lepce to the person, the intent to injure IL
presumed, and II rests with the person In
illctiug the injury TO show the accident OF
Innocent intention. The Injury intended
may be either bodily pain, constraint, Il
| = use OF shame or other disAgreeaO.e 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 10 be injured.
Sc 10. An assault, or an assault and bat
terry, may be committed by the use Of any
| part OF the person committing the oliense
| rs of the hand, foot or head, or by use Of any
tuanimate object asa stick or anything els'
capable oflntiicting the slightest injury, oi
| by the use of any animate object. an by
| throwing enc person against another, O
|
Sec A. Any means used by the person.
assuulting, as by splitting In the face o.
| OtherWis,, which IL CaPAbe OF ihflictiDl
any injury, comes within the definition o
an assault or an assault and battery, rs tn
case may be.
Sec. Is BY the terms Occupied with M
ability to commit" as used herein, 4
| meant:
| - hn In At 4.
prevented, he may inflict a battery upOI
the person assailid:
,, That he must he within such distance
of the person so assailed as tn make " with
In his power to commit The battery by TN
| ne of the means with which he attempts Il
| gee IL Violence used to the persoL doe
not amount o An assault and battery in III,
following cases:
| / In the exercise of the right OF moderai,
restraint given by law to the parent owe
the ehild, the guardian over the ward, tn
master over his apprentice or the teache
over the scholar.
?. For preservation Of ordei In a meetini
for any religious, political or other Lawful
pa poses. -.,--
preyent the comm i sion OF ofien-es.
/. In preventing or interIupiing an In
trusion upon the lawful possession Of prop
erty.
ing the person arrested in Ubt dtence To tn
lawful order Of magistrate oI court and IL
overcoming resistance to such lawful order
| In sclf-defelse, or the defense OF anUth
er'against unlawful violence offered to HI
person OF property.
| sec. IL. In All cases mentioned In the pre-
ceding section. where violence Is used TO Fl
feet a lawful purpose, only that degree O
violence should be used TO effect such pur
poses.
sec. Is. No verbal proyocetion juEtihes n
assault and battery. hut Insulting and ahu
siye words may be given ia evidence In mil
igaiion Of the punishment affixed TO III
offence.
rec. 10. The word battery, as used in III
preceding sections. Is used In the same sens
as " assault and battery.
sec 20 The punishment for a simple ~
sault, OF for assault and battery, within N
limits OF the city Of Dallas, shall be nm
, 80 -. caedfng orle hundred dollars,