The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-12-30
AN OlsDlNANC
MiSiememorS-0 0enSes against Public
Peace, Defined, etc,
Re 1t ordained by tho City Council of the

Re IL ordained by tho City Council of the
CITY OF DALLAS:
section |. ANY two or more persons who
shall, IN this city, assemble together, OF
Doing assembled, shall act IN concert 10 do
any unlawful act with force or violence
against the property OF this city, or mo por-
SON or propecty OF unUthof, OF against lhe
peace or 10 tho terror of others ana shall
make any movement or preparation there
for, ana every person present AZ Such meet
ing OF assembly, VINO snail not enueaNor 10
prevent the com mission or preparation OF
such unlawful act, shall be deemed gully
of u misdUmy amor, ana upon conviction
thereof, Oe nued not less than tive nor more
than MY uOllnrs,
sec. ,. Amy unlawful assembly Is the
meeting Of three OF more persons with IN
tent 10 alu each other by violence, either To
commit an oiIense, or Illegally 10 deprive
any person OF the enJoymen. OF amy lignt,
Sec 8. Ii the purpose OF ia unlawful Az
| scmbly DO u prevent me holding OF any
! public election, or To prevent amy particular
| person or number oi persona IRON Young al
| II public elCctlon, the person or persOnS NJ
| ing shall eAch pe hned IN sum uol
| exceeding one hundred dollars,
| see. 1. III the purposo OF an unlawful as
sembly be to oppose or prevent the execu
zion or enforcement Of any law Of tho state
| Or ordinance OF tho corporation or Juug
| ment OF the Recorder or Mayor the punish
| ment shall be nne not exceeding one nun
| dteu dollars.
Sec. 3. 1.-THE purpose of the unlawful an
| sombiy be- to oppose or prevent the collec-
| tlon OF tax, Or money due the corporation,
| the punishment SNAIL DO Il line not exceed
ing one hundred dollars.
sec. q, II the purpose of the unlawful as
Sembly be- TO effect any illegal object, other
than those mentioned In the preceding Sec
tlons oil TINS Chnptet, each person engaged
therein snail be liable toa hne not eAceeu-
Ing one hundred liars.
Sect Whore the assembly was ST first
lawful, ana the persons assembled shall
agree to act together in the commission OF
any oilense, or shall Illegally deprive any
peTaon of the enjoyment OF any right, all
persons SO agreeing or acting together, shall
DO deemed guilty Of m Dtieuse ana shall lie
punished by n fine not exceeding one hun
drvd dollars.
Sec s. Any person who, In this city, shall
disturb the peace of Others by violent, tu-
multuous, offensive or oDstreperous conduct
or carriage, or Uy loud and unusual noses,
OF by unheemly, proiane, obscene OF otlen-
sive language, calculated 10 provoke u
breach Oh the peace, OF by asgGultlng, strlk-
INK or lighting another; or any persJn VINO,
IN this city. snail permit any such conduct
IN any house or upon any premises owned
OF possesst d by them, OF under their man.
ugement ana CONTROL 80 Jni.t Others in the
vicinity are disturbed thereby, shall be
d, emed guilty Ota misdemeanoT, ana upon
conviction thereon, be fined not Less tnan
live nor more than one hundred dollars,
SEQ o. II any two or more persons SHALL
fight together IN u public place within the
limits OF this city, they shall 10 punished by
line not exceeding one hundred dollars.
Sec ~. The use o. any unlawful violence
within the limits of this city, upos the per-
son with intent to inJure HIM, whatever be
the means or degree OF violence useu, Is an
assault aud bait W any Rttompt To commit
a battery or amy threatening gesture show
ing Ia Itself or by words accompanying IL,
an Immediate IN euuOn, coupled win ah
ability 10 commit Il battery, isun assault.
Sec II. Where Injury IS caused by vlO-
lenoc to the person, tno intent to inJure Is
presumed, Rud 10 rests with thU person In
liouug the Injury to SHOW the accident or
innOcent lntoutlun, The injury Intended
may be either bodily pain, cOnslraiut, II
y iiI 80 OF shame or other dlsagreeab.e emo.
ton OF the mind.
See Il. IN assault, or an assault and bat
teiy, may he committed, though the person
actually injured thereby was not the person
iutended To be Injured.
See. 10. An assault or an assault and bat
terry, may be committed by the uso If any
part Of the person committing the Ofiense,
as of the hand, foot or head, or by use NJ any
lnanimate object, as . stick or anything else
cHpalls OF intiicting the slightest Injury. or
by the use OF any animate object. as by
throwing one person against another, or
driving horse or other animal against the
person.
Sec IA. Any means used by the persons
Otherwise, which IL capable of ihfiicting
any injury, comes within the definition oi
an assault, Or AN assault and battery, hs the
case may be.
See. Is. By the terms Occupied with an
ability to commit" as used herein, n
meant.
/. That the person committing tie as
| sault must be la such n position that, II not
prevented, he may inflictr battery upon
| the person assailed.
,. 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 the
use OF the means will which he attempts it.
| Gee. ~ Violence used To the porsOL does
not amountiO an assault aud battery I'm the
| following cases:
l. In tie exercise Of the right Of moderate
restraint given BIS law 10 the parent over
| the child, the guardian over the ward, the
master over his apprentice or the teacher
/ over the scholar.
p For preservation Of order In a meeting
| for any religious, political or other lawful
/ pu poses.
prevent the comm issiOn Of Onenses.
| 4 In preventing or inteIuptlng an in.
trusion upon the lawfnl possession Of prop
erty.
/ Ing the person arrested in obedience % the
/ lawful order Of n magistrate % court and In
/ overcoming r. istante o. such lawful order.
| D. In scif-deiense, or the defense Of anoth-
er against unlawful violence offered 10 his
| person OF property.
| Sec. IL. In al eases mentioned I'm the pre-.
/ ceding sect on, where violence IA used 10 Il.
i feet "a laUlul purpose. only that DEGREE o
| violence should be used 10 effect such pur
| poses.
sec. Is. No verbal proyOcatlOn justifes or
| assault and battery, but Insulting and abu
sive words may be siven IN evidence in init
i i.afiOn Of the punishment afiixed 20 tn
| offence.
rec. 10. The word battery as used In tn
/ preceding sections. is used III the same sens
| a. " assault and bstieTy.
Sec 20. The punishmet for a simple as
FAULT. OF far assault and BATTERY within IN