The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-06
AN ORDINANCE


BE IL ordained by tho City Council OF the
Clty ol atlas:
section !. Any two or more persons who
shhli, III TINS CITY, assemble together or
UeIns assembled, snail ACT IN concert 10 do
any unlawful act with force or violence
against .ne property of TINS oity, OF the poI-
SON Oh propoGly oI another, or against Tie
peace or 10 the terror OF others, and sh III
mako any movement or preparation there.
loI, ami eNery person present NJ sucn meet
my Or assembly, Wno snail not enueavur 10
prevent inc commission or perpetration OF
such unlawful act, shall DO deemed gully
OF u inIsuelneunuI, and upon COnYIcllvL
tneteol, Oe nned not less than tlve nor more
than MY uOiiuts.
sec. 2. ANY unlawful assembly is the
meeting OF three or more persons with IN.
Cent 10 ana each other by violence, either to
COmnlJ an o11enOt, or illegally 10 deprive
ANY p rson OF Jno enjoyment OF any right.
sec d. III the purpose oI an unlaWlul as
NemDly DO " prevent the holding OF any
puDlIc election, or 10 prevent amy phrucuInI
pelsun OF number ul persons from voting III
"A puDlic eivotlo., Inc person OF persons to
Oilenulng SHAH eacn DO nnou in II sum uOt
exceeding one hundred dollars,
sec, 4. II Tue purpOso OF an unlawful as,
senlDly be TO oppose or prevent The oXeCu-
ZION or enforcement Of any Jaw of the STATE
or ordnance OF the corporation. or Judg-
mont OF the NeCOrder or Mayor, the puulsh.
nIenl small be u me not eXceeulnK one hun
uIuu collars.
sec. .. III The purpose of the unlawful as
senbiy be TO oppose or prevent the cUileo'
ton vi Lax, or money due the corporation,
the punishment shall DO u tine not exceed
lnG one hundred dollars.
seu. O. IL the purpose Of the unlawful aB.
semUiy DO 70 unoCJ any illegal OBJECT, other
than Iuuse mentioned In the preceding sec
uons oil TINS ,hHpvet, each person engaged
therein snail De liable 10 IA fine not exceed
III. one hundred Il liars.
| Sec,7 I. Where the assembly was vt first
| lawful, ana the persons assembled shall
| agree To act together in the commission OF
any Otlense, or shall Illegally deprive any
person vi the enjoy ment of any right, ali
persons 80 agreeing or acting together, shall
| De deemed guilty Of an uilvnse ana shall ne
punished by a iine not exceeding one hun
| drvu dollars.
| SEQ 5. Any person who, In this city, shall
| disturb the peace of Otheis by violent tu'
mutuGdle, offensive or oOsttepeIous conduC,
| or carriage, or ~ loud and unusual noises
or by unbseply, prOiane, obscene or oiien'
slVe language calculated 10 provoke a
breach OF tne peace, or by nSSaullluB, blrlk'
ing VI lighting another; or any person VINO
| III this city, snail permit any such conduct
IN any house or upon any premises Ownet
or possessed by them, or under their man
ugement and control, so mat others In tn,
vicinity are disturbed thereby, shall b'
deemeu guilty Ota mlsdemeanor, ana upon
conviction thereof, DO lined not less tnaI
i've nor more than one hundred dollars.
SEQ v. ii any two or more persons shal
light together IN a public place within III,
limits Of Tins city, they shall be punished by
mt not exceeding one hundred dollars.
Sec, 10. The use OF any unlawful violenc,
within the limits OF this city, upos the per
son with intent To lnJurc him, whatever b,
the means or degree OF Violence used, IL IN
assault and bait ny; any attempt To commit
battery or any threatening genture show.
ing III ltbeil or Oy words accompanying IL
an immediate intention, coupled WIN Az
ABILITY 10 commit "a battery, AN assault.
Sec. II. Where injury is caused by VIC.
lenc0 10 the person, the Intent TO iuIure IL
presumed, and IL rests with the person In
nicung the Injury TO show the accident OF
Innocent Intention. The injury Intended
may DO either bodily pain, oOnStraint, a
ssns a. Of shame or OtneT ulsagreeable etnO
ton of the mind.
Sec u. An assault, or an assault and bat
terry, may be committed, though the p, rson
actually injured thereby was not the person
intended 10 be Injured.
Sec. 10. An assault, or an assault and bat
terry, may be committed by the use of any
part OF the person committing the oiienss,
as of the hand, foot or head, OF by use OF anJ
manlnIate OBJECT, Ms stick or any hing else
Capa le Ofintiicting 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.
See "A. Any means used by tho persons
assaultlng, AS by splitting In the face or
otherwise, which IL capable Of ihnlctiBg
any injury, comes within the definition OF
an assault, or an assault and battery, as the
case may be.
Sec. H. BY the terms Occupied with an
ability TO commit" as used herein, is
meant.
/. mat the person committing tie as
sault must DO In such position that, II not
prevented, he may infliet battery upon
the person assailed.
.. That he must be within such distance
Of the person so assaulted as 10 make IL with.
in his power TO ccmmlt The battery by the
use of the means with which lie attempts IL.
Sec. 10. Violence used to the persOL does
not amount 10 an assault and battery In the
following cases:
1, ia the exercise OF the right Of moderate
restraint given by law TO the parent over
the ehild, the guardian over the ward, the
master over his apprentice or the teacher
over the scholar.
?. For preservation Of order In a meeting
for any religious, political or other lawful
For the preservation Of peace or 10
preyent the cOmnii sion Of offensea
4. In preventing or inteTruptiBg an In
trusion upon the lawful possession Of prop
b. In making lawful arrest and detalp-
ing the ~ rsOn arrested In obedience To the
lawful Cf,ieT Of 2 magistrate or court and in
overcoming re isianee TO such lawful orSier.
8. In sclf-1eiense, OF the defense ofanoth-
er against unlawful violence offered 20 his
person oT properly.
sec. IL. In AL cases mentioned in the pre-
cedfnp section, " here violence Is used 20 n.
feet a lawful purpose, only that degree Of
violence should be used TO effect such pur-
poses. ma.
assault and battery. but insulting and abu-
siye words may be Given IN evidence in nit
lgafion Of the punishment AFFIXED 30 the
offence
ace 70. The word battery IS used In the
preceding fecfions. is used III the same sense
~ assault and battery.
gee 20. The purisbmet for a simple as
eault or for assault and battery within the
limits Of the city Of Dallas, shall be SINE