The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-09
AN OsIDIN ANCE
MiSdemeHOrS-0 9enSes against Public
Peace, Defined, etc,

BE IL ordained by the CITY Council of the
Olty OF ''HliHs:
Section 4. Amy two or more persons who
shalt, IN this CITY, assemble together, of
uelns assomDied, snail act IN concert "a do
any unlawful act with force or violence
against Inc property of TINS city, or The per-
SON OF properly OF another, or against the
peace or 10 the terror of others, ANA sh Ill
IN Ako any movement or preparation there
fOI, ana every person present Az such meet
ing or assembly, wnO snail not enueaVor 10
prevent Lne commission OF pefpetrutiOn OF
such unlawful act, small be deemed yulity
OF u mlsuuineanur, and upon CONVICTION
thereof, Oe tned not less than ave nor more
Ihan hlly uoilars.
sec. z. ANY unlawful assembly Is the
meeting OF three or more persons with In
LenJ 10 ala each other by violence, either u
commit an ofiense, or illegally 70 deprive
any person oil tne enJoymens OF any night
sec q. III the purpose OF an unlnwiul as
semDly be u prevent me holdlnE OF any
pubic election, OF 10 prevent any particular
pelsUh or number OF persons IRON Young IA
| IL pubic election, INC person or persons ~
Offending shall each DO lined In sum no
| uNoeouinB one hunured dollars.
| $50. 1. II the purpose OF an unlawful nA
| sembIy b0 to oppose or prevent the execu
| ton or enforcement of any law of the state
| OF ordinance ol tho corporation, or Judg
ment OF the Recorder or Mayor, tho punish
menU snail DO a tnO not eXCueulik one nun
dreu dollars.
Sec. o. Ii the purpose of the unlawful as
setnbiy DO To oppose or prevent the oOlloc-
tlon Of tax, or money due Inc corporation
the punishment shall DO u nae not exceed
ing one hundred dollars.
oec. q, II the purpose of the unlawful az,
semDly De 10 eiloot amy illegal OBJECT other
tnan NOSE mentioned in the preceding sec
uona OF TINS Vhupler, each person engaged
therein shall be liable 10 u tine moi exceed
ing one hundred liars,
Sec. I. Who're the assembly was Ut first
lawful, ana the persons nhbe IN Died small
agree to act together in the commission OF
any otienBe, or shall illegally deprive any
person uf the enjoyment OF any right, ali
persons 30 agreeing or acting together, sinai
10 deemed guilty Of sn Ufiense ana shall Dt
punished by hue not exceeding one hun-
dred dollars.
sec 3, Any person who, in this city, shall
disturb the peace of Others by violent, lu'
ana ltuous, offensive or oDstfeperous cOnduc,
OF car. lage, or ~ loud ANA unusual noises,
OF by uuoeeiuly, prOlHne, obscene or ouen'
slVe language, calculated 10 provoke u
breach OI the peace, o. by assaulting, slrik-
ing or lighting another; or any perSJn VINO,
IN this city, snail permit any sncn conduct
in any house or upon any premises owned
or possessed by them, or under their man
agement and control, so lnht others In the
vicinity are disturbed thereby, shall be
deemed guilty Ota mIsdemeanOr, and upon
conviction thereof, be fined not less than
i've nor more than one hundred dollars.
SEQ y. II any two or more persons shall
tight together IN n public place wi hin the
limits OF this city, llley shall DO punished by
y line not exceeding one hundred dollars.
sec 10. The use Of any unlawful violence
within the limits of this city, upoA the per-
son with intent to inJure him, whatever De
the means or degree OF violence usel, Is IN
assault and bait ry; any attunpt to commit
II battery or any threatening gesture show.
ing IN itself or 10y words accompanying II,
an immediate intention, coupled win az
ability to commit IA battery, isHn assault.
Sec. IL. Whore injury lis caused by vio-
lence to the person, the intent To lnjure ID
presumed, ana IL rests with the person in
nlctmg the injury TO show the accident OI
iauocent intention. The injury intended
may be either bodily pain, cUnStraint, a
use of shame or other dlsasreeabie emo
ton of the mind,
sec u. An assault, or an assault and bat
terry, may he committed, though the person
actually injured thereby was not the person
intended 10 be injured.
SEC ID. An assault, or an assault and bat.
terry, may be committed by the use Of any
part OF the person committing the oflense
AK OF the hand, foot or head, or by use OF any
iuantInate object, as stick or any thing else
capa ale OF INJECTING the slightest injury. OF
by the use Of any animate object. as by
throwing enc person against another, oil
driving horse or other animal against the
person. s'ssyT 81
SEQ. IA. ANY means used by the person,
otherwise, which is capable of inflictinl
any injury, comes within the definition oil
an assault, or an assault and battery, as the
case may be.
Sec. Is. BY the terms coupled with al
ability to commit" rs used herein, II
/. That the person committing tue as.
sault must be In such a position that, Ii moi
prevented, he may infiicta battery upon
the person assailed.
a Rat ha N uif Al at m a.
OF the person so assailed as to make IL with
| In his power TO ccmmit The battery by tine
use of the means with which he attempts IL
sec. 10. Violence used to the persoL does
not amount 10 an assault and battery IN the
| following cases;
4. la the exercise OF the right Of moderate
| restraint given by law 10 the parent ovel
| the child. the guardian over the ward, tbs
masler over his apprentice or the teacher
?. FOR preservation Of order In meetinI
for any religious, political or other Lawful
5. For the preservation of peace or t.
pTe vent the commission ofof1enses.
T. In preventing or iDteTruptlng an In
trusion upon the lawful possession Of prop
erty.
| 3. In making lawful arrest and detalD
| ing the person arrested in obedience to thu
| lawful Or,ier offs mngistrute or court,and IL
overcoming ~ istante TO such lawful order
| 6, In aclf-defeDse, or the defense OF anoth
err against unlawful violence offered 20 hi
person or property.
sec. IL. In all cases mentioned In the pre-
| cedfng section, where violence IL used TO Ell
feet a lawful purpose, only that degree O
violence should be used 10 effect such pur
| poses.
gee. Is. No verbal prOyocation justifes nj
assault and battery, but Insulting and abu
sive words may be given In evidence In mi
igaiion Of the punishment afhxed TO IN
offence.
see. 10. The word battery as used in III
preceding sections. IL used In the same SEM
a. assault and battery.
acc %. The punishmet for a simple a
sault, or for assault and battery within n
limits Of the city Of Dallas, shall be a.sir
- .noo.lIr o ..ila hnnd rnh hnllara