The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-11
AN ORDINANCE
MSdcmeanorS- 00cnScS against Public
Peace, Detl6d, etc,

TO IL ordained by the CITY Council OF the
CITY ol ,inllus;
section /. Amy two or more persons who
shall, IN this city, assemble together, OF
OeInB Assembled, small aol IN concert u uO
any unlawiul net vita force or viuleuco
Against me property of inns city, OF the POI
SON or propeny oI another, on Against inc
peucv OF 10 Inc terror vi Others, hud shall
ulaKo any movement or preparation there
luIi ana every person present. AZ hucu moet-
lns or assembly, WAC snuil not euuoaVor 10
prevent ldo commission or porpeIration OF
such unlHWiul act shall be deemed Bullly
vi u INSTRUMENTATION, and upon convlotIon
thereof, be nueu not 1888 thHn ave nor more
| tnan DIty uullais.
sec. 2. ANY unlawful assembly Is the
meeting VI three or mutu persons with In
| Ivnt 10 aII each other by violence, either u
| comtuit an Ollenho, or illegally 10 uepriv.
amy u -rson OF Tao enjoyment OF any right,
Sec y. Ii Inc purpose oil an unlawlul as
| Sembly DO W prevent the holding oil any
| puUlIc election, or To prevent amy particular
peisuH or number vi pelhons from voting al
| ~ pubic eivcLlOa, the pUlBOn OF persons NJ
| otlonling shall eocu DO tHed in sum uol
| exceeding one hunurUd dollars.
| SIC. 4. II the purpose OF an unlawful as
| sombly Dc 10 oppose or prevent tho eXecu'
| ton or enforcement OF any law OF tho state
or ordnance OF tho corporation, or Judg-
mont OF the Recorder or Mayor the punish
| ment snail be IL nno not exceeding one hun
ured dollars.
sec. .. lime purpose OF the unlawful as
selnDIy be TO oppose OF prevent the oOlleo-
ton OF tax, or money due tho corporation,
the punishment shall DO II tine not exceed
ing ono hundred dollars
SEQ. 6. Ii the purpose OF the unlawful AZ
semDly De 10 cltJoG any illegal oDJect, other
than IuUse mentioned In tho preceding sec
tions OF TINS Ihhp.er eaon person engaged
therein snail be liable 10 u hne not eAcueu-
ing one hundred Il liars.
Sect. Whvre tno assembly was vi first
lawful, ana the persons assembled shall
agree to act together in the commission OF
any otlense, or shall Illegally deprive any
person uf the enjoyment OF any right, ali
persons so agreeing or acting together, shall
DO deemed guilty OfHn Uiiense ana shall he
punished by u line not exceeding one nun
ured dollars,
Sec s. Any person who, In this city, shall
disturb tho peace of Others by violent, tu-
muItuous, offensive or opstreperous conduct
or car iage, or Oy loud aud unusual noises,
or by unt comfy, prOIane obscene or otlen-
sive language, calculated 10 provoke u
Drencn o. the peace, Or by HsSaulling, slrlk-
ing or lighting another; or amy person VINO,
IN This city, snail permit any suGu conduct
in any mouse or upou amy premises owned
or possessed by thoin, OF under their man
agemont and cOutrOI, so mat Others In the
vicinity are disturbed thereby, shall be
deemed guilty Ota mlsuem9anOf, ana upon
conviction thereof, be fined not less imam
tiVe nor more thun oue hundred dollars.
SEQ D, III any two or more persons snall
fight together III u public place wi hin the
limits Of this city, thJy shall 20 punished by
y fine not exceeding one hundred dollars.
Sec ~. lhe use o. any unlawful violence
Within the limits of this city, upo- the per-
son with intent to ilJurc nlm, whatever be
the means or degree OF violence use1, is an
assault aud bait ryi any att npt tn commit
a battery or any threatening gesture show
ing ia itself or ny words accompanying It,
an immediate In cntlOnt cot pied with aH
ability 10 commit battery, isan assault.
See. II. Where injury Is caused by vlo-
leuce TO the person, the i1tont To lnJure is
presumed, aud IL rests with the person in-
iiotmg the injury TO snow the accident or
iunocent intention, The Injury intended
may be either bodily pain, cOnStraint, a
s,nso OF shame or Otner dlsagreeabie emo
ton of the mind.
terry, may he committed, though the p, rson
actually injured there by was not tho person
intended To be- injured.
Sec. l3. An assault, or an assault and bat
terry, may be committed by the uso Of any
part OF the person committing the Oflense,
rs of the hand, foot or head, or by use OF any
iuanimats OBJECT, ~ y stick or any hing else
capaula Ofintictiug The slightest injury, or
by the use OF any animate object. as by
throwing enc person against another, or
driving a horse or other animal against the
person.
see a. Amy means used by the persons
assaultlug, as by splitting in the face or
OF nerNts-, which Ia capable of Infiicting
any injury, comes within the definition OF
an assault, or an assault and battery, as the
case may be.
See. Is. BY the terms coupled with an
ability TO commit" as used herein, IL
meant:
/. That the person committing the as
sault must be In such a position that, Ii not
prevented, he may infiict battery upon
the person aSsailed.:
. That he must De Within such distance
of the person so as3ailed as TO make IL with
Ia his power to commit the battery by tine
uze Of the means with which he attempts ID.
Sec. IL. Violence used 70 the persoL does
not amOuntio an assault and battery In the
following cases:
/. IN the exercise OF the right Of moderate
restraint given by law 10 the parent over
the child, the guardian over the ward, the
master over his apprentice or the teacher
over the scholar.
?. For preservation Of order In meeting
for any religious, political or other lawful
| pu poses.
8. For the preservation Of peace or "a
prevent the cOmmtl sion Of Offenses.
4. In preventing or iuterrupting an in
trusion upon the lawful possession Of prop
erty.
8. I'm making lawful arrest and detaip.
ing the person srfested in obedience 10 the
| lawful order off magistrate or court and In
overcoming re istanCe to such lawful order
o. In sclf-defense, or the defense Of anoth-
err against unlawful violence offered 10 his
| person OF properly.
See. II. In all eases mentioned In the pre-
/ ceding section, where violence II used 20 ef
feet n lawful purpose, only that degree o.
violence should be used 10 effect such puT
poses.
zee. II. No verbal provocation justifies az
assault and battery. but Insulting and abu
sive words may be riFen Ia evidence in nit
igation Of The punishment afiixed TO TIL
| offence.
gee. IL. The word battery as used in tn
i presiding sections, Is used In the same sens
| az " assault and battery.
See. -. The punIshmet for a simple as
sault, or for assault and battery within tn
limits Of the city Of Dallas, shall be aim
not needing one hundred dollars.