The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-01
AN ORDINANCE
MiSdemcmorS-0 0enSes against Public
Peace, DCdRcd, etc.

Be IL ordained by the CITY Council Of the
Clty OF DALLAS.
section /. Any two or more persons who
shall, in this city, assemble together or
being assembled, suali act IN concert 10 do
any unlawful net with force or violence
against the property ui this city, or the per
SON or properly OF another, or against the
peace or TO the terror OF others, and shall
make amy movement or preparation there
for, ana every person present ~ su0h meet
ing or assembly, VINO snail not enueuVur 10
prevent the commission or perpetration OF
such unlawful act shall be deemed guilty
OF u misdemsanor, and upon conviction
thereof, DO fined not less than tlVo nor more
than 1lty dollars.
Sec. 2. Any unlawful assembly Is the
meeting OF three or more persons with in
tent to AID each other by violence, either TO
commit nm oilense, or illegally 10 ueprive
any person OF the enjoyment OF any right.
see 3. III the purpose OF an unlawful as
sembly be To prevent the holding OF any
pubic election, or to prevent amy particular
person or number OF persons from Voling III
IA pubic election, tho person or persons NJ
Offending shall each be lined IN sum uol
exceeding one hundred dollars
Sec. 4. II the purpose OF an unlawful Az
sembly be to oppose or prevent tho eSecu'
lion or enforcement Of any law VI the state
or ordinance oil the corporation, or JUG
ment OF the Recorder or Mayor, the punish
meut snail be u me not eACeeulnk one nun
dred dollars.
Sec. D. 1.-THE purpose of the unlawful as
Sembly be to oppose or prevent the COlIeo'
ton OF tax, or money due the corporation
the punishment shall bU tine not exceed
ing one hundred dollars.
sec q. If the purpose OF the unlnW1uI ns'
sembly be TO effect any illegal object, other
than those mentioned in tho preceding sec
tons OF TINS chnplev, each person enBhBeu
therein shall be liable toa me not exceed
Ing one hundred HAIRS.
Sec. I. Where the assembly was al first
lawful, ana the persons assembled shaH
agree to act together in the commission Ol
any Oflense, or shall Illegally deprive any
person VI the enjoyment OF any night, all
persons 81 agreeing or acting together, snhll
be deemed guilty Off Oflense ANA sinai ne
punished by Il fine not exceeding one nun
urtd dollars
See s. Any person who, In this city, shall
disturb the peace of Others by Violent iu-
multuous, offensive or obstrtperons conducs
or carriage, or by loud ana unusual moses,
or by unoUBmly, prOiaue, obscene or ollen-
sive language, calculated to provoke II
breach OF tine peace, OF by assauiting, slrik-
Ing or fighting another; orany persJn VINO,
IN this city. shall permit any suoh conduct
in any house or upon any premises owned
or possessed by them, or Under their man
ugement and control, SO lh6t Others in the
vicinity are disturbed thereby, shall DO
deemed guilty ota misnemoanOr, auu upon
conviction hereof, DO fined not less than
five nor more than one hundred dollars
SEQ y. II any two or more persons snail
fight together IN public place within the
limits OF this CITY, ihcy shall be punished by
fine not eXcecuIng one hundred dollars.
Sec IN. The use Ui any unlawful violence
within the Limits OF this city, upOs the per-
son " ith intent to mJurc him, whatever De
assault and bHttIy; ANY attempt TO commit
a battery or any threatening ge,ture show
ing In Itself or by words accompanying IL,
an immediate in enuun, coupled with ah
ability tOcOmmit "A battery, is an assault.
Sec. IT,. Where injury Is caused by Vio-
lebce to the person, the Intent 10 luJure Ia
presumed, ana 10 rests with the person In
ilicung the Injury 10 SHOW the accident or
Innocent intention. The injury intended
may he either bodily pain, cOnslraint, n
suIse of shame or other dissgreeable emo.
lion of the mind.
sec u. An assault, or an assault aud bat
tety, mny he committed, though the pt rsOn
actually injured thereby was not the person
intended 10 be Injured.
SIC. 10. An assault, or an assault aud bat
terry, may be committed by the use of any
part OF the person committing the Oilense,
as of the hand, foot or head, or by use OF any
inanimate object, as - stick or anything else
eapau le Ofiuiiicting the slightest injury. or
by the use OF any animate object. aH by
throwing enc person against another, or
driving horse or other animal against the
Sec. IA. Any means used by the persons
assaulting, as by splitting In the face OF
otherwise, when In capable OF innicting
any injury, comes within the definition oil
an assault, or an assault and battery, as tht
ease may be.
Sec. Is. by the terms Occupied with an
ability To commit" as used herein, II
meant:
/. mat the person committing tie as
| uu Ina I'm gWnn IA unglflnn tnMt. n nal
prevented, he may in1lict "a battery upon
| tie person assailsd.
=. That he must be Within such distance
| Of the person so assaulted as to make 1t with
| in his power to ccmmit The battery By tht
zee Of the means with which he attempts It.
| Zee. ~ Violence used TO the persOL doe
not amOuntiO an assault and battery In the
/. In tie exercise of the right Of moderai,
restraint given by law 10 the parent oyel
| tile child, the guardian over the ward, th'
master over bis apprentice OF the teache
| over the scholar
p. FOR preservation Of order In a meetin,
for any religious, political or other Lawful
pu poses. --.,-..
pTeyent the commission OF ofiensee.
a In preventing or inteTTupting an in
triision upon the lawful possession Of prop
eTty.
ing the person arrested in obedience to tn
lawful order Of q magistrate OF court and N
| overcoming re- iEtnnte Ia such lawful order
o, In Felf-doiense, or the defense of anOth
er against unlawful violence offered 10 hi
person or property.
| sc. ~. iu all cases mentioned in the pre-
ceding section, where violence IL used TO si
/ feet n lawful purpose. only that degree Q
violence should be used TO effect such pun
poses.
Pec. D.. 10 verbal prOyocaiion jusiifes Al
assault and battery. but insulting and abr
sive words may BE- given IN evidence I'm mi
igaiion Of the punishment aiixed 70 ID
offence
Sc. 10. The word battery as used In III
preceding sections, IL used In the same sent
a. assault and battery.
geo 70. The pnuishmet for a simple a
sauii or for assault and battery within n
I limits OF the city Of Dallas, shall be a III
not needing ons hundred dollars.