The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-04
AN ORDINANCE
MSdcmeUaorS- ODenSGS against Public
Peace, Defined, etc,
Re Il ordained by tho City Council of the

BE it ordained by the City Council of tho
CITY of DALLAS:
section Any two or more persons who
being assembled, shall act in concert 10 do
any unlawful net with force or violence
against The property Of this city, OF the per
SON or property OF another or against the
peace or 10 fhe terror of others, and shall
make any movement or preparation there
for, and every person present AT such meet
my or assembly, VINO shall not endeaYor TO
prevent the commission or preparation OF
such unlawful act, shall be deemed guilty
Of u mlsueineanOr, and upon CONVICTION
thereof be fined not less than rve nor more
than 1ity uOilRrs.
Soc. q Any unlawful assembly is the
meeting of three OF more persons with IN
tent 10 ma each other by VIOLENCE, either To
COmluit an OlleAse, or illegally 70 deprive
any person OF the enjoyment OF any right.
500 3. III the purpose OF an unlawful as
semDly DO 10 prevent INC holding OF any
public election, or 10 prevent amy particular
person or number OF persOns from voting al
| II public election, the person or persons NJ
Offending shall each DC hned IN a sum no
| exceeding one hundred dollars.
| sec. 4. Ii the purpose Of an unlawful as
| Sembly DO TO oppose or prevent the eNecu
| ton or enforcement OF any law of the state
| or ordinance of the corporation, or Judg
| meni of the recorder or Mayor, the punish
| Inent snail be u hno not executing one hun
dred dollars
Sec. .. II The purpose of the unlawful as
sembly be 10 oppose or prevent the cOllec-
ton OF tax, OF money due the corporation,
The punishment shall DO Il fine not exceed.
Ing one hundred dollars.
sec. u. II the purpose of the unlawful as.
semDly De TO effect any Illegal object, other
than those mentioned III the preceding Sec
tons OF tins chapter, each person engaged
therein shall DO liable 10 u fine not exceed
ing one hundred dollars.
Sec, 7. Where the assembly was vt first
lawful, ana the persons assembled shah
agree to act together in the coWmissiOn Of
any otlense, or shall illegally deprive any
person OF the enjoyment OF any right, all
persons so agreeing or acting together, shall
be deemed guilty of an O1leuse and shall be
punished by llne not exceeding one hun
urod dollars.
Sec s. Any person who, in this city, shall
disturb the peace of Others by violent, tu-
multuous, offensive or obstreperous conduct
or carriage, or Oy loud and unusual noises,
or by unseemly, profane, obscene or often
sive language, calculated TO provoke II
breach OF the peace, or by assaultlng, strik-
ing or hghtiug another; or any person VINO,
IN this city, shall permit any sucn conduct
in any house or upon any premises owned
or possessed by them, or under their man.
agement and control, so thGt others IN the
vicinity are disturbed thereby, shall be
deemed guilty ola misdemeanor, ana upon
conviction thereof, be hned not less than
lNG nor more IMAM one uuuureu uOllhfb.
SEQ v. 1t any TWO or more persons snail
fight together In public place within the
limits of this city, they shall be punished by
fine not exceeding one hundred dollars.
Sec 10. The use OF any unlawful violence
within the limits of this city, upos the per-
son with intent to injure hlm, whatever be
the means or degree Of violence used, Is an
assault and battery; any attempt to commit
battery or any threatening gesture show
Ing in Itself or by words accompanying II,
an lot int IN ~.
ability 10 commit battery, is an assault.
Sec. ii. Where injury Is caused by vio-
lenCe tn the person, the iutent To lnjure is
presumedi and 1t rests with the person In
llctlng the injury to show the accident or
Innocent Intention. The Injury intended
may be either bodily pain, cOnstraint, a
5 nae OF shame or other dlsagreeable emo.
ton of the mind.
Sec II. An assault, or an ass 8ult and bat
terry, may he committed, though the pt rson
actually injured Thy was not the person
intended 10 be injured.
Sec. IS. An assault, or an assault and bat
terry, may be committed by the use Of any
part OF the person committing the otlense,
Az of the hand, foot or head, Or by use OF any
inanimate object, as "a stick or anything else
capable of inflctlng the slightest injury. or
by the use OF any animate object. an by
throwing enc pttbon against another, or
driving "A horse or other animal against the
person.
Sec. "A. Any means used by the persons
assaulttng, as by splitting In the face or
otherwise, which Is capable of intlicting
any injury, comes within the definition OF
an assault, or an assault and battery. as the
case may be.
Sec. Il. BY the terms occupied with an
ability to commit" as used herein, is
meant:
/. That the person committing the as
sault must be In such position that, II not
prevented, he may inlet n 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 with which he attempts IL.
Sec. IL. Violence used TO the persoL does
not amount TO an assault and battery In the
following cases:
/. In the 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.
2. For preservation of order in meeting
for any religious, political or other lawful
pu poses.
3. For the preservation Of peace or to
prevent the commission of offenses.
4. In preventing or interrupting an In
truslon upon the lawful possession OF prop
erty.
3. In making lawful arrest and detaip-
ing the person arrested in obedience to the
lawful order Of 2 magistrate or court and In
overcoming re- istante to such lawful order.
u. III scll-ueituse OF Nlle utlcHHt Vi duOln-
er against unlawful violence offered to his
person or property.
Sell. In all cases mentioned In the pre-
ceding section, where violence Is used TO et-
feet lawful purpose, only that degree Of
violence should be used 10 effect such pur-
poses.
assault and battery, but Insulting and abu-
sive words may be given In evidence In nit
igation of the punishment affixed TO the
offence
zee. 10. The word battery as used in the
preceding sections, is used In the same sense
as assault and battery.
Sec 20. The punishmet for a simple as
sauit, or for assault and battery within the
limits Of the city Of Dallas, shall be o fine