The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-05
AN OEsDIN ANCE
NiSdcmodnorS- O6eASeS against Public
Pace, Defined, etc,

BE IL ordained by the City Council of the
CIty OF IAllas;
| section /, ANY two or more persons who
| shall, III tins city, assemble together, OF
| ueluB haheinbivu small acJ In concert 10 do
any unlawful act with force or violence
| Against me property of THIS city or tho peI-
son OF properly oI another, or against the
peace Or 10 the terror OF Others, and shall
make amy movement or preparation there
ior, ana every Person present NJ such meet
| ing OF assembly, VINO shall not enaeuVur TO
| prevent tno commission or perpetration OF
| such unlawful act, shall be deemed gully
VI misueiuoanOt, ana upon cOnVIcIIvn
| thereof, be lined not less than ave nor more
| than nIty uoIulS.
sec. ?, Amy unlawful assembly Is the
| meeting OF three or more Persons with III.
| tent 10 hiu each other by violence, Z timer To
commit an oiienhe, or illegally 70 aeprlve
amy p.rhun VI Jne enjoyment OF any rlgnt,
| SeU &. ii the purpose OF an unlawful AS
oenbly DO To prevent the holding OF any
puUllc election, or TO prevent any particular
pelsua or number OF persons from Young NJ
N puOhc eieetlun, the peraon OF persons NJ
oilrnulne shall onCh Oo nneu In II sum mol
eACeeuluE Que hundred dollars.
SoC. L. Ii the puIposo of an unlawful as
sentbly DG To oppose or prevent the eNeCu-
lion OF enforcement OF any law Of the state
or ordinance OF the corporation, or judg.
ment OF The kecoruer or Mayor, the punish.
| ment shall DO II llne not eXCoeulng one hun
ureu collars,
| sec. .. Ii the purpose OF the unlawful as
| seihbiy be To oppose or prevent the oollec-
| tlou OF tax, or money due the corporation,
| the punishment shall be u tlue not exceed.
| me one hundred dollars.
| sec. o. II tho purpose Of the unlawful rs.
Nemuly DC 10 effect any illegal OBJECT, other
imam tnuSe mentioned In the preceding sec
uons olthls ,hnplet, each person engaged
therein snail be liable lOa me not eAceeu-
iug one hundred d liars.
sec, I. Where the assembly was al first
| Ia. Yf,.l q Ia. a a.
agree to act together IN the commission oi
any utlense, or shall illegally deprive any
person Vi the ENJOY ment oil any right, elI
persons SO agreeing or acting together, shall
DO deemed guilty Of an Otleuse ana shall III
punisneU by IL tine not exceeding one hun
dr,d dollars
Sec 8. Any person who, in this city, shall
dlslurb the peace Of others by violent, tu-
multuous, offensive or oustreperous conduo,
or carriage, or ny loud ana unusual nui,es,
or by unseemly, prOiaue, obscene OF often
siVe language, calculated TO provoke a
breach OF the peace, o. by assaultlng, slrik-
inB or lighting another; or any perS n wno,
IN THIS city. snail permit any sucu conduct
IN any house or upon any premises owned
or pOsSehst by them, or under their man
agenent and control, SO mat Others IN the
vicinity are disturbed thereby, shall be
deemed guilty 0ta mlsdemeanOr, anu upon
conviction iheroOi, be fined not less than
five nor more than one hundred dollars.
sec .. II any Two or more persons shall
fight together III public place within the
units vi this city, 'hty shall DE punished by
Y tino not exceeding one hundred dollars.
Sec, ~. The use Ui any unlawful violence
within the limits Oi this city, upOr the per-
son with intent TO mJure mus, whatever be
the means or degree Of violence used, Is an
assault aud battery; any attsmpt Ia commit
IA battery or any threatening gesture show
ing ia llaell or by words accompanying Il,
all immediate Intention, coupled with uH
ability To commit battery, isan assault.
Sec IL. Where Injury Is caused by ViO-
leuCe to the person, The intent TO injure Is
presumed, and IL rests with the person in
tilcUug the injury TO show the accident OF
Innocent intention. The injury intended
may be either bodily pain, cOnstraint, IL
s-uSo of shame or other ulsagreeable emo.
ton of the mind.
sec IL. An assault, or an assault and bat
terry, may be committed, though the pc rson
actually injured there by was not the pt rSon
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 oilense,
as of the hand, foot or head, or by use OF any
iuanimate object, us y stick or anything else
capable ofinHictlDg the slightest injury. or
by the use OF any animate object as by
throwing enc person against another, or
driving IA horse or other animal against the
person.
Sec "A. Any means used by the persons
assaulting, AS by splitting In the face or
otherwise, when In capable of inflicting
any injury, comes within the definition OF
an assault, or an assault and battery, as the
case may be.
Sec. Il. BY the terms coupled with an
ability TO commit" as used herein, IL
meant:
|. That the person committing tho as |
sault must be In such position that, II not |
prevented, he may infiicta battery upon |
the person assailed.
=. That he must be Within such distance |
of the person so assailed as 10 make 1t with |
In his power to commit the battery by the |
use of the means with which he attempts II. |
Sec. III. Violence used TO the persOL does |
not amountto an assault and battery In the /
following eases:
|. 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 Oflenses.
4. In preventing or iuteIrupting an In |
truslon upon Tie lawful possession OF prop
erty..
5. In making a lawful arrest aud detaln-
ing the person arrested in obedience to the |
lawful order Of a magis trate or court and in /
overcoming re istanCe to such lawful order |
o. In seli-defense, or the defense of anoth- |
er against unlawful violence offered to his |
person or property,
Sec. IL. In all cases mentioned In the pre-
ceding section, where yiol5nce is used to ef. |
feet lawful purpose, only that degree Of
violence should be used 10 effect such pur- |
poses.
Sec. Is. No verbal provocation justihes an
assault and battery, but Insulting and abu-
sive words may be slyen ia evidence In nit
lgation Of the punishment affixed TO the
offence,
sec 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
sault, or for assault and battery within the
limits of the city Of Dallas, shall be s.,dne
not xceeding one hundred dollars.