The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-08
AN ORDAN ANCE
niSdemeUorS- 00eaSes against Public
Pace, Defined, etc,

Be 10 ordained by the City Council of the
CITY OF iHllas:
section |, Any two or more persons who
| shall, In this city, assemble together, OF
uOInB assembled, snail act IN concert W do
| any unlawful net with force or violence
| against tho property of this city, or the pes
son or properly Ui another, or against the
peace or 10 the terror of Others, ana shall
make any movement or preparation thore.
| tor, ana every person present NJ such meet
ing or assembly, WnO snail not enuenVOr TO
| prevent inc cOlninlsslon Or perpetraLiOn OF
such unlawful net, small be deemed gullty
| oI u mlsuelusanof, ANA upon CONVICTION
| thereof, To lined not loss than ave nor more
| than my uollats.
soc.2. ANY unlawful assembly Is the
meeting OF three or more persons with IN.
| cent 10 ala each other Dy violence, either to
| commit an onense, or illegally 10 deprive
| ANY perBUn OF Tao enjoy nUut OF any Right.
| sec 4. III the purpuso Of nn unlawful ns'
| semDly DO To prevent the holding OF any
| puUllc election, or TO prevent amy particular
| pUlsUn or number OF persons IRON voting ~
II pubic election, me person or persons M
| otlonulng shall each 10 lined in II sum not
cACooulns one hundred dollars.
| SIC. /. Ii inc purpose of an unlawful u.s.
semDly be To oppose or prevent tho execu'
| ton or enforcement Of any law OF the state
| Oh ordinance OF tho corporation, or Judg-
| menl OF the Recorder or Mayor, the punish.
mcnt shall be inc not exceeding one hun
| urod dollars,
Sec. o. LINE purpose of the unlawful AZ
| selnbiy be To oppose or prevent the cUlloC-
non OI tax, or money due the corporation,
the punishment shan DO u hne not eXcoed-
ing one hundred dollars,
sec, q. If the purpose Of the unlawful as'
,oinDiy DO 10 effect any illegal OBJECT, other
than muse mentiuned in the preceding sec
lions oil TINS ChnpLet, eaCn person engaged
therein snail be liable 10 IL iine not eXCouu-
ing one hundred liars.
Sec. l. NhoTe the assembly was At iirst
lawful, ana tie persons assembled shall
agree 10 act together In the commission OF
any Otlense, or shall Illegally deprive any
person Of the enjoyment OF any right, all
persons so agreeing or acting together, shall
% deemed guilty Of an utiense ana shall no
punished by me not exceeding one hun
dred dollars,
SEQ s. Any person who, In this city shall
disturb tho peace of others by violent, lu-
multuOus, offensive or ODstreperous conduct
or carriage, or uy loud and unusual NOISES,
or by unseemly, prOfane, obscene or Often
siVe language, calculated to provoke II
Oreacn OF the peace, or by assaulting, slrik-
ing or lighting another; or any person wno
IN this city, snail permit any such conduct
IN any mouse or upon any premises owned
or possessed by them, or under their man.
agement and control, 80 tnLt others In the
vicinity are disturbed thereby, shall be
deemed guilty ota misdemeanOr, ana upon
conviction thereof, be fined not less than
live nor more than one hundred dollars.
sec. y. III any Two or more persons shall
fight together IN public place WI hin the
limits vi this city, they shall De punished by
" fine not exceeding Que hundred dollars.
sec. 10, The use OF Uny'unlawiul violence
within the limits of this city, upOs the per-
son with intent To lnJure MIN, whatever be
the means or degree of violence used, IL an
assault and bait ryi amy attempt To commit
70 battery or any threatening gesture show.
ing In ilself or by words accompanying II,
an immediate intention, coupled with aE
ability 10 commit n battery, il an assault.
See. Ii. Where injury IL caused by vlo-
leDCe Ia the person, tho Intent 10 lDJure H.
presumed and 10 rests with the person In
uivtlng the Injury to show the accident or
innocent intention, The Injury intended
may be- either bodily pain, cUnStrnint, IA
sshso of shame or other disagrgeaDle 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 hot the person
intended 10 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 oflense,
~ OF the hand, foot or head, OF by use OF any
inanimats object, as y stick or anything else
capaUla Ofintlicting the slighlest Injury. or
by the use OF any animate object. nv by
throwing enc person ngainst another. or
driving IL horse or other animal against the
person. p~sTf
see IT, Amy means used by the persons
assaultlng, AS by splitting In the face OF
otherwise, which IL capable OF inflictlng
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" rs used herein, is
!. That the person committing the as
sault must be In such position that, IL not
prevented, he may inflict "a battery upon
the person assailed.
Itsa l.ss a. a grNu
Of the person so Rssailed as 10 make II with
i'm his power to commit the battery by tine
use of the means with which he attempts II.
Zee. ". Violence used To the person does
not amountio an assault and battery In the
following eases:
1. 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
2. For preservation Of order In n meeting
for any religious, political or other lawful
pu poses.
8. For the preservation Of peace or TO
prevent the comm sion Of offenses.
4. In preventing or interruptipg an in
trusion upon the awful possession OF prop
erty.
3. In making lawful arrest and detaip-
Ing the person arrested In obedience tn the
lawful order Of a magif ifaie OF cortland In
overcoming re isiante to such lawful order.
8. In sclf-de'ense, or the defense of anoth-
er against unlawful violence offered TO his
person or property.
sec. ". In al cases mentioned In the pre-
ceding section, where violence II used 10 ef-
feet n lawful purpose, only that degree Of
violence should he used 10 effect such pur-
poses.
Stc. y. No verbal provocation Justifies an
assault and battery. but insulting and abu-
sive words may be given IN evidence in nit
igaiion Of the punishment affixed TO the
offence.
acc. 10. The word battery as used in the
preceding sections. IL used In the same sense
a. assault and battery.
Sec %. The punishmet for a simple as
rault, or for assault and battery within the
IImits Of the eity Of Dallas, shall be n. 6ne