The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-10
An ORDIN ANCE
MisdcmemorS- 0VenSes against Public
Peace, DgmCd, etc.

BE IL ordained by the CITY Council OF the
Glty OF uHlluA:
section /, Any two or more persons who
shat, IN tins city, assemble together, OF
uOIus uSnehibIJd, snail aCt IN concert W do
any unlawful act witn force or violence
against tao property OF TINS city, or the por'
SON ur properly OF another, Or against the
peace or ~ tho terror Of others, ana sh Ill
mako any movement on preparation there.
lor, ana every person present NJ such meet
ing ot assembly, VINO snail not onueaNor u
prevent the combustion or perpolrAtlon OF
SUCH unlawful act, shall be deemed guilty
Of u mlsuvnJauur, ANA upon cunN lvtiou
thereof, Oe hnod not less than five nor more
thun NIty uOllNtS.
soc. :. ANY unlawful assembly is tn,
meeting Ol three or more persons with III
teut TO alu each other ny violence, either Il
| commit an OnonhV, or illegally 10 deprive
any person OF the enjoyment Of any right.
sec ). Ii Inc purpose Of an unlawful us
| tomDly be 10 prevent inc holding OF any
puunc election, or TO prevent any parlicula
peIsUE or number oil personh Irou Young II
| ~ pupllC elccllon, the person or persons N
| oilouulng shall estcu DC nned IN sum no
exceeding one hundred dollars.
| $50. Il Ii the purposo OF an unlawful as
| semOly DG To oppose or prevent the eAocu
| zion or enforcement Of any law of the state
or ordinance of the corporation, or Judg
| meut OF the Recorder or Mayor, the punish
ment snail be n me not exCeeulng one nun
area dollars.
sec. .. 1.-The purpose of the unlawful as
seInbiy be 10 oppose or prevent the oollec'
ion OF tax, or money due tho corporation
the punishment shHIl DO u nne not exceed
ing one hundred dollars.
sec. &. If the purpose of the unlawful aA.
semOly be TO effect any illegal OBJECT, other
than muse mentioned IN the preceding sec
tlOn, OF TINS ehupler, each person engaged
therein shall be liable 70 u line not exceed
ing ono hundred dullaTs.
Sec. I. Who're the assembly was Vt first
lawful, ana the persons assent led shall
agree 10 act together in The commission OF
any Ofiensc, or snail Illegally deprive any
person OF the enjoyment OF any right, all
persons SO agreeing or acting together, snail
Do deemed guilty Of IN uilense ana shall he
punished by u lne not exceeding one nun
urod dollars.
Sec 5. Any person who, in this city, shall
disturb tho peace OF Others by violent, tu-
multuous, offensive or ODstreperous cOnduot
or car lHge, or ny loud ana unusual noses,
or by unseHmly, prOiRnc, obscene OF oiiOn-
siVe Language, calculated TO provoke a
breach Oh the peace, % by assaulling, strlk-
ing or lighting another; or any person VINO,
III this CITY, shall permit any such cOnducl
in any mouse or upon any premises owned
or POSSESSED by themt or Hnder their man
agGment and control, SO mat Others in the
vicinity are disturbed thereby, shall be
dtemeu guilty Otn mlsdemeanor, 0nu upon
conviction thereof, be nned not less tnan
live nor more than one hundred dollars.
sec .. Ii any Two or more persons shall
light together IN IA public place wi min the
uIuits OI THIS cliy, Nnty shall ue punished by
u 1ne not exceeding ono hundred dollars.
sec. To- The use OF any unlawful violence
within the limits OF this city, upos the per-
son with intent to Injure him, whatever be
the means or degree of violence used, Is an
assault and bait ~; any attumpt to commit
battery or any threatening gesture show
ing IN itself or by words accompanying II,
an immediate intention, coupled with an
ability TO commit n battery, isHn assault
Sec, Ii. Where injury Is caused by ViO-
loHCe to the person, The intent to lnjure IL
presumed, aud II rests with the person in
ulouug the injury 10 show tue accident or
innocent intention. The injury Intended
may be either bodily pain, cOnstraint, a
ssIse Of shame or other dlsagreeHble emo
ton OF the mind.
Sec L.. An assault, or an assault and bat
terry, may he committed, though the person
actually Injured thereby was not tho person
intended To 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 oiiense,
as of the hand, FOOT or head, OF by use OF any
innnimpte object, as " stick or any hing else
capable Ofinilictlug the slightest injury, or
by the use OF any animate object. IA by
throwing one pctsOn against another, or
driving a horse or other animal against the
person.
sec "a. Any means used by the persons
assuulting, as by splitting In the face or
OtnerW isc, whicn Is capable of intiicting
any injury, comes within the definition OF
an assault, or an assault and battery, as the
case may be.
Soc. Il. BY the terms Occupied with an
ability to commit" as used herein, IL
meant:
/. mat the person committing tie as
sault must be In such position that, II not
prevented, he may inflicta battery upon
The pprs.,n assailed,
That he must be within such distance
of the person 80 assailed as to make IL with
in his power to commit the battery by the
use of The means with which hts attempts n.
Sec Is. Violence used TO the persoL does
not amOuntiO an assault and battery In the
following cases:
4. lu tile exercise of the right OF moderate
restraint given by law TO the parent over
the child, the guardian over the ward, the
master over bis apprentice or the teacher
over the scholar.
2. For preservation OF order In meeting
for any religious, political or other lawful
sor the preservation Of peace or TO
prevent the CONN sion of ofiensea.
T. I'm preventing or inteTrupting an in.
trusion upon tie lawful possession Of prop
erty.
ing the person arrested In obedience to the
lawful order of q magistraie or court and In
overcoming re- istante to such lawful order.
o. In sclf-deienHe, or tie defense OF anOth-
er against unlawful violence offered to his
person OF property.
sec. Il. In al cases mentioned In the pre-
cediug section, where violence IL used TO ef-
feet n lawful purpose, only that degree OF
violence should be used 10 effect such pur-
zee. Is. No verbal proyocatlon Justlfies 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
Sec. 10. The word battery as used In the
preceding sections, IL used In the same sense
a. "a assault and battery.
Gee. 20. The puuishmet for a simple as
sault, or for assault and battery within the
limits Of the city Of Dallas, shall be e.shns