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THE CONSPIRACY AND PROTECTION OF Ss. 1, 2, 3.

PROPERTY ACT, 1875.

38-9 V. 86.

An Act for amending the Law relating to Conspiracy, and to the Protection of Property, and for

other purposes.

[13th August, 1875.

1. This Act may be cited as the Conspiracy and short title Protection of Property Act, 1875.

ment of Act.

2. This Act shall come into operation on the first Commenceday of September one thousand eight hundred and seventy-five.

Repealed by 56-7 V. 54, a Statute Law Revision Act.

Conspiracy, and Protection of Property.

of law as to

in trade

3. An agreement or combination by two or more Amendment persons to do or procure to be done any act in conspiracy contemplation or furtherance of a trade dispute disputes. between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.

Nothing in this section shall exempt from punishment any persons guilty of a conspiracy for which a punishment is awarded by any Act of Parliament.

Ss. 3, 4.

Breach of

contract by persons employed in supply of

gas or water.

Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition, or any offence against the State or the Sovereign.

A crime for the purposes of this section means an offence punishable on indictment, or an offence which is punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the Court as an alternative for some other punishment.

Where a person is convicted of any such agreement or combination as aforesaid to do or procure to be done an act which is punishable only on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months, or such longer time, if any, as may have been prescribed by the statute for the punishment of the said act when committed by one person.

"The 3rd section of [this] Act distinctly legalises strikes in the broadest terms, subject to the exceptions enumerated in the 4th and 5th sections, which immediately follow, and are almost in the nature of provisoes upon the 3rd" (per Coleridge, L. C. J., Gibson v. Lawson (1891, 2 Q. B. at 558). See p. 132.

4. Where a person employed by a municipal authority or by any company or contractor upon whom is imposed by Act of Parliament the duty, or who have otherwise assumed the duty of supplying

any city, borough, town, or place, or any part thereof, with gas or water, wilfully and maliciously breaks a contract of service with that authority or company or contractor, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of that city, borough, town, place, or part, wholly or to a great extent of their supply of gas or water, he shall on conviction thereof by a court of summary jurisdiction or on indictment as herein-after mentioned, be liable either to pay a penalty not exceeding twenty pounds or to be imprisoned for a term not exceeding three months, with or without hard labour.

Every such municipal authority, company, or contractor as is mentioned in this section shall cause to be posted up, at the gasworks or waterworks, as the case may be, belonging to such authority or company or contractor, a printed copy of this section in some conspicuous place where the same may be conveniently read by the persons employed, and as often as such copy becomes defaced, obliterated, or destroyed, shall cause it to be renewed with all reasonable despatch.

If any municipal authority or company or contractor make default in complying with the provisions of this section in relation to such notice as

S. 4.

Ss. 4, 5, 6. aforesaid, they or he shall incur on summary conviction a penalty not exceeding five pounds for every day during which such default continues, and every person who unlawfully injures, defaces, or covers up any notice so posted up as aforesaid in pursuance of this Act, shall be liable on summary conviction to a penalty not exceeding forty shillings.

Breach of

contract involving injury to persons or property.

5. Where any person wilfully and maliciously breaks a contract of service or of hiring, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to endanger human life, or cause serious bodily injury, or to expose valuable property whether real or personal to destruction or serious injury, he shall on conviction thereof by a court of summary jurisdiction, or on indictment as herein-after mentioned, be liable either to pay a penalty not exceeding twenty pounds, or to be imprisoned for a term not exceeding three months, with or without hard labour.

Penalty for neglect by master to

provide food,

Miscellaneous.

6. Where a master, being legally liable to provide for his servant or apprentice necessary clothing, &c. food, clothing, medical aid, or lodging, wilfully or appren- and without lawful excuse refuses or neglects to provide the same, whereby the health of the

for servant

tice.

servant or apprentice is or is likely to be seriously Ss. 6, 7. or permanently injured, he shall on summary conviction be liable either to pay a penalty not exceeding twenty pounds, or to be imprisoned for a term not exceeding six months, with or without hard labour.

intimidation or annoyance by violence or

7. Every person who, with a view to compel any Penalty for other person to abstain from doing or to do any act which such other person has a legal right to otherwise. do or abstain from doing, wrongfully and without legal authority,

1. Uses violence to or intimidates such other person or his wife or children, or injures his property; or,

2. Persistently follows such other person about from place to place; or,

3. Hides any tools, clothes, or other property
owned or used by such other person, or
deprives him of or hinders him in the use
thereof; or,

4. Watches or besets the house or other place
where such other person resides, or works,
or carries on business, or happens to be, or
the approach to such house or place; or,
5. Follows such other person with two or more
other persons in a disorderly manner in or
through any street or road,

shall, on conviction thereof by a court of sum-
mary jurisdiction, or on indictment as herein-after

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