The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-12
AN OlsDENANGE
NiSdcmemorS- 00cHScs AgainSt Pubic
Peace, Defined, Gtc.

Be IL ordained by the CITY Council of the
tlLy OF alias;
section /, Amy two or more persons who
shall, IN this city, assemble together, vi
uoihS assembled, snail ACC IN concert W do
amy unlawful act with force or violence
against tnu property of TINS city, or the por-
hJn OF properly ul NnUlnvr, OF against the
peace or 10 mo terror of Others aud shall
mako any movement or preparation there
inI, ANA every person present at >uch meet
ing or assembly, VINO snail not GnueaVor TO
prevent tue commission or perpUtratiOu OF
suCh unlawful act, shall be- deemed guilty
ot u mlsuoInSAnur ana upon conviction
thereof, DC hneu not iesS than tivU nor more
Than tiity uOilats,
Sec, ,. ANY unlawful assembly Is the
meeting Of Three or more persons with IN.
tent 10 ala each Otnrf by violence, tltncr 10
commit AN oiiGnbe, or illegally 10 deprive
any person OF tae enJoyment OF any right.
Seo .. ii the purpose OF au unlaWiul as
hemOly be W prevent inc hOiulng OF any
pubic election, or TO prevent any particular
peIsun or number oi persons from voting AT
| pupllc elcctloa, the person or persons 10
| oilenuing shall each 90 lined IN u sum uoJ
| exceeding one hundred dollars
| SEQ. 4. II the purpose OF an unlawful rs.
| SenblS be 10 oppose or prevent the eXeou-
| tiOn or enforcement Of any law OF the state
or ordinance OF The Corpor sttOn, or Judg-
meni OF The Recorder or May or, the punish.
ment Hhall be u nne not exceeding one hun
ufpu dollars.
see. .. 1.-The purpose OF the unlawful as
sembiy DO tn oppose OF prevent the UUlleO-
ton oi tax, or money due tho corporation,
the punishment shall DO II tlne not exceed.
INK one hundred dollars.
sec. u. II tue purpose of the unlawful rs.
semOly DC 10 ttlocO ANY illegal OBJECT, other
IMAM 'nuse mentioned IN tho preceding sec
tious OF TINS cnuptec, each person engaged
therein snail no liable 10 IA tne not eXCeuu-
ms one hundred Il liars.
see. I. Where the assembly was at first
lawful, ana the persons assembled shall
agree TO hct together III the commission OF
any pflense, or nnAll Illegally deprive any
per&n OF the enjoyment ol any right, ali
persons 80 agreeing or acting together, shall
be deemed guilty UfHn Utleiise ana sinai he
punishou by line not exceeding one nun
drUd dollars.
Sto s. Any person who, in this city, shall
disturb the peace OF Others by violent, tu-
multuOuS, offensive or ODstfcperous conduca
or car lage, or uy loud ana unusual noreS,
or by unsecInlyi prOtne, obscene ur Oilen-
SiNe Language, CuiCuialeu 10 provoke a
breach OF the peace, o. by Hssaulting, stTik-
ing or lighting another or any pers IN VINO,
IN this city, snail permit any sucu conduct
in any mousse or upon any premises owned
or possess, by them, or unuer thclI man.
agement ana control, so mat others in the
vicinity are disturbed thereby, shall be
deemed gully ota mIsdcmeanUr, ana upon
conviction thereof, be- lined not less than
FIVE nor more than one hundred dollars,
SEQ .. II amy two or more persons shall
fight together IA public plUce wi hin the
lmits OF thS city, iuey shall ue punished by
~ fine not exceeding one hundred dollars,
Sec 10. The usc o! amy unlawful violence
within the limits OF this city, upOs the per-
son with intent To !nJurc hlH, whatever be
the means or degree Of violence used, Is nm
assault and bait ~, any att mpt to commit
u battery or amy threatening gesture show
ing ia itself % by words accompanying II,
an immediate In cntlOn, coupled Win ana
ability 10 commit a battery Is an assault.
See. II. Where injury IL caused by vio-
leuce TO the person, the iutent to lnJure IN
presumed, and 10 rests with the person in
1iCtipg the injury To snow the accident or
innocent Intention. The injury intended
may DO either bodily pain, cOnStTaint, "A
sfIAe OF shame or Otuer dlspgreeable emo.
ton of the mind.
Sec H. An assault, or an assault aud bat
tory, may be committed, though the pc son
actually Injured thereby WAS not the pt rsun
intended 10 be Injured.
STE. ID. An assault, or an assault ana bat
terry, may be committed by the uso 81 any
part OF the person committing the oflense,
is OF the hand, foot or head, or by use OF any
iuanimate object, rs stick or anything else |
capable Of INJECTING the slightest injury. or
by the use of any animate object. aN by |
driving IA horse OF other animal against the
person.
See a. Any means used by the persons
assnulIing, as by splitting In the face or
any injury, comos within the definition ui
an assault, or an assault and battery. a. the
case may be-.
See. t. by the terms coupled with an
ABILITY TO commit as used herein, Is
meant:
/. That the person committing the as.
sault must be In such u position that, IL not
prevented, he may infllct battery upon
3 That he must be within such distance
Of the person 80 assaulted a. 30 make II with. |
Ia his power 10 commit the battery by tine
use Of the means with which he attempts n. |
Sec. 10. Violence used to the persoL does |
not smOunttO an assault and battery Ia 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, tue
mas.eT over bis apprentice OF the teacher
over the scholar.
2 For preservation Of order in n meeting
for any religious, political or other lawful
pu poses.
prevent the conn sion OF Ofienses.
4. In preventing or intefrupiing an In !
tTusion upon the lawful possession Of prop |
sIty.
B. In making a lawful arrest and detalr-
ing the person sTTe1ied IN obedience % the
lawful order Of n magistrate or court and In
overcoming fe.iEtaDte 20 such lawful order.
q. In soli-deiense, or the defense ofanOth-
er against unla ful violence offered 10 his
Sec. n. III iii eases mentioned I'm the pre.
eeding section, where violence II used 10 e.
feet y lawful purpose, only that degree Of
violence should he used 70 effect such pur-
Acc. .. No verbal provocatfon Justifies an
assault and battery. bot Insulting and abu-
sive words may BE- given ia evidence in nit
iEaiiOn Of the punishment afiixed 70 the
&c. 10. The word battery rs used In the
preceding sections, y used In the same sense
as assault and battery.
Zee. -. The puuishmei for a simple as
SAINT, or for assault and battery within The
limits OF the city Of Dallas, shall be s:snne
not xcseding one hundred oollars.