The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-03
AN ORDINANCE
MiSdcmoanorS- 00caScS against HJIic
Peace, Dchcd, etc,

BE II ordained by tho City Council Of the
CITY of inllus.
section |. Any two or more persons who
shall, In this City, assemble together or
Ueing assem- bl1d, shall ucJ IN concert To do
any unlawful act with force or violence
against the property of TINS city, or the per-
sun or property OF another or against the
peace or 10 the terror OF others, ana shall
make any movement or preparation there
tor, and every person present AZ such meet
ing or assembly, wno snail not endeavor To
prevent the commission or preparation OF
such unlawful act, shall be deemed guilty
of u mlsuemSnnoI, and upon CONVICTION
thereof, be fined not less than hvo nor more
than uIty dollars.
sec =, Amy unlawful assembly Is the
meeting OF three or more persons with in'
tent TO AID each other by violence, either 10
commit an Otlelse, or illegally 10 deprive
any person vi the enjoyment OF any right.
Sec 3. III tho purpose OF IN unlawful as
sembly be To prevent the holding of nnS
pubic election, or TO prevent amy particular
peIsuH or number OF persons from voting u
| "A public election, tho person or persona n,
Offending shall each 30 fined in sum no
| exceeding one hundred dollars,
| SEQ. 1. II the purpOae OF an unlawful MS
| Sembly b0 To oppose or prevent the eNocu
| ton or enforcement OF any law OF the STATE
| or ordinance of tho corporation, or Judg
mont Of the Recorder or Mayor, the punish
| npnt shall DO II flne not eNcoeaing one hun
drod dollars.
SEQ. .. IL the purpose OF the unlawful as
sembiy be To oppose or prevent the colleo-
tiOn OIL tax, or money due the corporation,
the punishment shall b0 u line not exceed
ing one hundred dollars.
sec. q. If the purpose Of the unlawful as
sembly be To effect any Illegal object, other
than nose mentioned in the preceding sec
tons OF tins Chnpler, each person engaged
therein shall be liable 10 u fine not exceed
ing one hundred dullHls,
Sec. Z, Where the assembly was VI first
lawful, and the persons assembled shall
agree TO net together in the commission OF
any Otfense, or shall illegally deprive any
perAOn OF the enjoyment OF any right, ali
persons SO agreeing or acting together, shall
be deemed guilty of nm ottense and shall be
punished by fine not exceeding one hun
dred dollars.
Sec S. Any person who, in this city, shall
disturb the peace of others by Violent tu-
mul tuOus offensive or obstrtperous conduct
or carriage, or by loud and unusual noises,
or by unseemly, profane, obscene or oilen-
slve language, calculated TO provoke Il
breach OF the peace, or by assaultiug, strik-
ing or lighting another; or any person VINO,
IN this city. shall permit any such conduct
In any house or upon any premises owned
or possessed by them, or under their man.
agement ana control, SO thGt others In the
vicinity are disturbed thereby, shall be
deemed guilty OF misdemeanor, and upon
conviction thereof, be fined not less than
five nor more than one hundred dollars,
sec .. If any two or more persons shall
fight together IN public place within the
limits OF this city, they shall be punished by
v fine 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 hlB, whatever be
the means or degree OF violence used, is an
assault and battery; any attempt TO commit
n battery or any threatening gesture show
ing in itself or by words accompanying II,
an Immediate mention, coupled with ah
ability toCOmmit u battery, an ksnult.
Sec. Il. Where injury TX caused by vio-
leDce 10 the person, the Intent to injure Is
presumed, aud IL rests with the person in
tllcung the Injury TO show the accident or
innocent intention. The injury intended
may be either bodily pain, cOnStralnt, "a
s,use of shame or other dlsagreeable emo
ton of the mind.
Sec Il. 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.
See. rs. An assault, or an assault and bat
terry, may Ue committed by the use Of any
part Of the person committing the oiiense,
as of the hand, foot or head, or by use OF any
ipanimata object, ~ u stick or anything else
capable ofinflioting the slightest injury. or
by the use OF any animate object. an by
throwing one person against another, or
driving u horse or other animal against the
person.
assaulting, az by splitting In the face or
OF herwise, which In capable of thficting
any injury, comes within the definition OF
an assault, or an assault and battery, as the
case may be.
Sec. Is. BY the terms Occupied with an
ability to commit" as used herein, Is
meant:
/. That the person committing tue as
sault must be in such n position that, If not
prevented, he may infiicta battery upon
the person assailed.
2. That he must be within such distance
OF the person so assailed az 10 make IL with
In his power to commit The battery by tine
use of the means with which lie attempts It..
Sec. To- Violence used to the person does
not amount TO an assault and battery in the
following cases:
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.
p For preservation Of order in n meeting
for any religious, political or other lawful
pu poses.
prevent the commission of ofenses.
4. In preventing or lnterTupting an in
truslon upon the lawful possession OF prop
eTty.
ing the person arrested in obedience to the
lawful order Of ? magistrate OF court and In
overcoming re. istanCe to such lawful order.
q, In self-deienEe, or the defense OF anOth-
er against unlawful violence offered TO his
person or properly.
sec, II. In all cases mentioned In the pre-
ceding section, where violence is used to ef-
feet lawful purpose, only that degree OF
violence should be used TO effect such pur-
poses.
gee. II. no verbal provocation justifies an
assault and battery, but insulting and abu-
siye words may be given in evidence In nit
igaiion Of the punishment affixed 10 the
offence.
zee. 10. rhe word battery as used in the
preceding sections, Is used In the same sense
as % assault and battery.
Sec 20. The punisbmet for a simple as
sauit, or for assault and battery within tbs
limits of the city Of Dallas, shall be q fine