The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-28
AN ORDINANCE
MSdcmeaROrS- 00tnSos against HUJiiC
Pace, Defined, etc,

Be IL ordained by the CITY Council OF the
cay Of ihAllHs;
section /, ANY two or more persons who
small, Ia inns oity, assemble together, OF
Doing assembled, shall act IN concert 10 do
any unlawful act with force or violence
against the property of TINS city, or tho per-
sUn or property OF another, on against The
peace or TO the terror of others, and shall
make any movement or preparation there
for, and every person present at such meet
ing OF assembly, VINO shall not endeavor 10
prevent the commission or porpctratiOn OF
such unlawful act, shalt be deemed guilty
OF u mlSdemeanur, and upon conviction
thereof, be fined not less than ave nor more
than NIFTY dollars.
sec. :. ANY unlawful assembly Is the
meeting Of three or more persons with IN.
tent 10 ana each other by violence, either to
commit an Ononse, or illegally 10 deprive
any person Of the enjoyment OF amy right,
Sec y, II the purpose OF an unlawful AS
sembly ho to prevent the holding OF any
pubic election, or to prevent amy particular
pea son or number OF persona from voting al
II public erection, the person or persons Nc
Offending shall each be- lined IN II sum uol
exceeding one hundred dollars.
| Sec 1. II the purpoAe of an unlawful ms
| sembly be to oppose or prevent the eXecu
| zion or enforcement of any law OF the state
or ordinance OF the corporation, or Judg
ment OF the Recorder or Mayor, tho punish
dred dollars.
Sec. .. II the purpose of the unlawful as.
semby be To oppose or prevent the Cullec-
ton OF tax, or money due tho corporation,
the punishment shall DO II fine not exceed
ing one hundred dollars.
seC. 4. II the purpose of the unlawful AZ,
sembly be to effect any Illegal object, other
than Inose mentioned In the preceding Sec
lions OF TINS chhpter each person engaged
therein shall be liable 10 II fine not exceed
ing one hundred liars.
Sec. I. Where the assembly was st first
lawful, ana the persons assembled shall
agree to act together in the commission OF
any Oflense, OF shall illegally deprive any
person Of the enjoyment OF any right, ali
persons SO agreeing or acting together, shall
be deemed guilty Of an Otlense ana shall be
punished by II fine not exceeding one hun
drsd dollars,
See S. Any person who, in this city, shall
disturb the peace of Others by violent, tu'
multuous, offensive or OhstrepeTouS conduct
or carriage, or Dy loud ana unusual noises,
or by unSeomly, prolano, obscene or olien-
sive language, calculated 10 provoke Il
breach OF the peace, or by aSsaulting, strik-
ing or lighting another; or any person VINO,
III this city, shall permit any such conduct
In any house or upon any premises owned
or possessed by them, or ander their man
agement and control, so mat Others In the
vicinity are disturbed thereby, shall be
deemed gully Otu misdemeanor, ana upon
five nor more than one hundred dollars.
Sec o. II any two or more persons shall
fight together in u public place within the
limits Of this city, llley shall pe punished by
y fine not exceeding one hundred dollars.
Sec. 10, The use oil any unlawful violence
within the limits of this city, upos the per-
son with intent to ipjure hlm, whatever be
the means or degree of violence used, IL an
assault and bait ry; any attempt To commit
II battery or any threatening gesture show
lnNT rlIa.U
an immediate intention, coupled with an
ability tocommit IA battery, Is an assault
Sec. IL. Where injury Is caused by vi0-
lence to the person, the Intent to lnJure 10
presumed, and II rests with the person In
uicting the injury TO show the accident or
innocent intention. The Injury intended
may be either bodily pain, cOnStraint, a
son 80 of shame or other dlsagreeab!e emO-
ton of the mind.
See y. An assault, or an assault aud bat
terry, may be committed, though the pc rson
actually injured thereby was not the person
intended to be injured
Sec. Is. An assault, or an assault and bat.
terry, may be committed by the uso of any
part OF the person committing the oilcnset
ns of the hand, foot or head, or by use OF any
inanimate object, as stick or anything else
caput le of inilicting The slightest Injury, or
by the use Of any animate object. AK by
throwing one person against another, Oh
driving "a horse or other animal against the
person.
Sec. "A. Any means used by the persont
assaultiug, AS by splitting in the face OF
otherwise, which IL capable of infllctinl
amy injury, comes within the definition oil
an assault, or an assault and battery, as the
case may be.
See. Is. By the terms Occupied with al
ability TO commit" as used herein, II
meant:
/. That the person committing tie az
sault must be In such position that, II mol
prevented, he may infiict battery upon
| the person assailed.
=, That he must be within such distance
| of the person so assaulted as ~ make 10 with.
| In his power 10 commit the battery by the
use of the means with which he attempts 1t
| Sec. ~. Violence used TO the persoL doe
not amount o an assault and battery In the
| following cases:
/. I'm the exercise of the right Of moderat,
| restraint given by law to the parent ovel
the child, the guardian over the ward, ths
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 ofienses.
4. In preventing or inteTTupting an In
trusion upon the lawful possession of prop
erty.
| 8. In making lawful arrest and detaln
| ing the person arrested IN obedience to IN.
| Law full order Of a magistrate OT cortland In
| overcoming Resistance 10 such lawful order
| q. In self-deiense, or the defense of anoth
err against unlawful violence offered TO hi
person or property.
| see. IL. In all cases mentioned In the pre-
| cedIng section, where violence Is used 20 ef
| feet n lawful purpose, only that degree o
violence should be used 10 effect such pur
| poses.
See. Is. No verbal provocation justifes nj
assault and battery, but insulting and abu
sive words may be given IN evidence in nit
| igation Of the punishment affixed TO tn
| offence.
zee. ~. The word battery as used In ID
| preceding sections, is used In the same sens
| as assault and battery.
Sec 20. The punishmet for a simple a.
aault, or for assault and battery within tn