The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-22
AN ORDNANCE
uiSdomcmorS O0caScs against PuJiic
Race, DGiMcd, etc,

BE IL ordained by the city Council of the
CIty OF DALLAS:
section !. Any two or more persons who
shall, In this city, assemble together or
Icing uSSemDiId, shall act III CuuCert 10 do
any unlawful act with force or violence
against lie property OF this city, or the per-
SON or properly OF another, or against the
peace or 10 tho terror of Others, aud sh ii
make any movement or preparation there
Tor, ANA every poison present nj SUCH meet
my OF assembly, VINO snail not GudeaYUr TO
prevent tue commission or preparation of
SUCH unlawful act, shall be deemed guilty
OF mIsuelneauUT, and upon conVlctiln
thereof, bg fined not less than i've nor more
than uliS uOllatS.
SEC. 2. Any unlawful assembly is the
meeting of three or more persons with IN
tent to ala each other by violence, either to
commit AN oAense, or Illegally tOuepriVe
any person Ottne enJoyment OF any right.
sec Z. II the purpose of an unlawful AS
sembly be W prevent the holding of any
public election, or to prevent any uItioulur
person or number OF persons from voting at
II public elocuou, the person or persons ~
uilenuing nall each DC tined in IL sum not
exceeding one hundred dollars.
sec. /. III the purpose OF an unlawful rs.
sembly be to oppose or prevent the eXecu-
lion or enforcement OF any law of the state
or ordinance of the corporation, or judg-
uent OF the Recorder or Mayor the punish.
ment shall be n Ine not exceeding one hun
dred dollars.
sec. ;. II The purpose of the unlawful as
semby be to oppose or prevent the cOllec-
ton OF tax, or money due the corporation,
the punishment shall DO a fine not exceed
INK one hundred dollars.
sec. 4. Ii the purpose of the unlawful as.
sembly lie TO elioct any illegal OBJECT, other
than those mentioned IN the preceding sec
ZION, OF TINS Chnptet, each person engaged
therein shall be liable 10 u fine not exceed
ing one hundred Il liars.
Sec. l. Wnpre the assembly was NJ first
lawful, ana the persons assembled shall
agree 10 act together in the commission Of
any utlense, or shall illegally deprive any
pgrson of the enjoyment OF any right, all
persons so agreeing OF acting together, shall
be deemed guilty OfHn o1lense ana shall he
punished by line not exceeding one nun
drsd dollars.
See S. Any person who in this city, shall
disturb tho peace of Others by violent tn
tnuituOus, offensive or OhstreperOus conduct
or carriage, or " loud ana unusual noses,
or by unreemly, prOihne, Obscene or ollen-
sive Language, Cait ulaled to provoke a
breach OF the peace, o. by ass0ulting, strik-
iug or lighting another; or any peTs II VINO,
IN This city. shall permit any suCn conduct
In any house or upon any premises owned
or possess, by them, or Under theil man
agement and control, so mat Others in the
vicinity are disturbed thereby, shall be
deemed guilty Ola mlsdemeanor, ana upon
conviction hereof, be fined not less than
five nor more than one hundred dollars
Sec o. II any two or more persons shall
fight togtthG IN public place within the
nnits of this city, ,hey shall tc punished b.
u hue not eXceeutng one hunuttu dollars.
sec. ~. The use OF any unlEwiul Violence
within the limits of this city, uEo~ the pGr-
son wth intent To njure MIN, whatever be
the means or degree OF vi leLCe used, IL an
assault and bait ry; any attempt to commit
a battery or any threatening ge.ture show.
ing Ia itself or by Uo.ds accompanying II,
an immediate intention, COZ pied win an
ability 10 COMM. II battery, Isl an 8tseuit
Sec. Il, Where injury Is caused by vio-
lence to the person, the intent To lujure IL
Or, resumed, and IL rests with the person In
illcljug the injury TO SHOW the accident or
innocent intention. The injury intended
may be- either bodily pptn, cOnNtralni, u
s,.l.e of shame or other dlsagreeab Is emo
ton OF the mind,
sec r. An assault, or an assault and Bat
te,y, may be committed, though the person
actually injured Thereby was not the person
intended To be Injured.
SEC IL. An ass ult, or an assault ana bat
terry, may be committed by the use of any
part Of the person committing the oileuSe,
As of the baud, loot or head, OF by use OF any
iuanimate object, ms STICK or any ihlus else
capable ofinilicting 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.
Sec "A. Any means used by the persons
assaulling, AS by spittiug in the face or
OtneTWis', which Is capable OF lhtictlug
any injury, comes within the definition OF
an assault, or an assault and battery, as the
case may be.
Sec Is. BY the terms occupied with an
ability to commit as used herein, Is
meant:
/. That the person committing tie as
zault must be- in such position that, II not
prevented. he may inflicta battery upon
the person asSnil' d.
. That he must be within such distance
of the person so as'uiled as TO make 1t with
in his power TO commit he battery by the
u.e OF the means with which lie attempts u.
Sec. lG Violence used To the persoL does
not amount 10 an assault and battery Ia the
following cases:
l. I'm tie exercise OF the right OF moderate
restraint given by law To the parent over
the child, the guardian over the ward, The
master over his apprentice or the teacher
over the scholar.
for any religious, political or other lawful
3. FOR the preservation Of peace or to
prevent the commission Of Oflenses.
T. In preventing or inteftupting an IN
trusion upon the lawful possession Of prop
erty. .,,,-
ing the person arrested in obedience 10 the
lawful order Of magistrate or court and IN
overcoming resistance TO such lawful order.
q. In gelf-defense, or the defense Of auOth-
er against unlawful violence offered 10 his
person OF property.
SEC. n. I'm AL eases mentioned In the pre-
cedipg section, where viOlsnce il used TO e.
feet n lawful purpose, only that degree of
violence should be used 10 effect such pur-
poses. 80.
sec. Is. No verbal provocatiOn justifies An
assault and battery, but insulting ana abu-
siye words may be given In evidence In nit
leatiOn of the punishment affixed To the
offence. .
zee. 10. The word battery as used In the
| nrfcediug sections is used ~ the same sense
as I" assault and battery.
Sec ~ The punishment for simple as
sault, OF for assault and battery, within the
limits Of the city Of Dallas, shall he nne
moi exeeedinR one hundred dollars.