It is adjudged that the [or this] contract [or instrument of apprenticeship] made between the plaintiff and defendant [on the day of 18 and that the plaintiff [or defendant] do pay to the sum of be rescinded, pounds, being the whole [or a part] for wages [or damages, or in respect of the premium paid on such instrument of apprenticeship]. Dated the day of eight hundred and J.P., one thousand Justice of the Peace for the [county] aforesaid. Seal. Petty Sessional Division Between A.B., Plaintiff, and C.D. [and E.F.] Defendant. Before the Court of Summary Jurisdiction at It is ordered that the defendant [C.D.] do perform his contract [of apprenticeship] with the plaintiff, that is to say [setting out the particulars if necessary]. [And that he [or the defendant E.F.] do pay to the plaintiff the sum of for damages.] And the defendant, the said E.F. [or C.D.], being willing to give security for the performance of such contract, the Court hereby accepts his security in pounds, with suret in pounds [each] for the performance of such contract as aforesaid [in place of the part of] such damages]. payment of [£ Dated the day of hundred and J.P., one thousand eight Justice of the Peace for the [county] aforesaid. 3. Seal. Whereas it having been found by the Court of Summary Jurisdiction, sitting at on the day of that the defendant had broken the contract for the breach of which he was summoned, it is ordered that he should give security for the performance of his contract: Now, therefore, I the defendant, and we [or I] his suret do undertake that the said defendant will perform the said contract, that is to say [setting out the particulars if necessary]: And we do hereby severally acknowledge ourselves bound to forfeit to the plaintiff the sum of pounds and shillings, in case the said defendant fails to perform what he has hereby undertaken to perform. (Signed where not taken orally) C.D., Defendant. E.F., Sureties. Justice of the Peace for the [county] aforesaid. Seal. 1 ... 0 ... ... ... For judgment-summons, including hearing N.B.-Where the sum claimed exceeds 11. Cs. Od., or the sum in respect of the non-payment of which the summons for or order of commitment or warrant of distress issues exceeds 11. Os. Od., an additional fee of one shilling on each fee shall be taken. For mileage in serving or executing process, and for cost of conveying Such reasonable cost as may be allowed by the Court. CHAPTER IV. THE CONSPIRACY AND PROTECTION OF PROPERTY ACT. INTRODUCTION. title. § I.-This Act is described by its title as the Short Conspiracy and Protection of Property Act, 1875, but conspiracy by the Act is wholly abolished as regards trade disputes, except conspiracies to commit what would be a "crime" if done by one person. § II. The Act came into operation on the Comfirst day of September, 1875. mencement of Amendment of the law as to conspiracy in putes. Union Act, 1871, s. 2, criminal Con § III. CONSPIRACY.-This section must be read the Act. in conjunction with § 2 of the Trade Union Act, 1871, which legalises combinations of workmen. The words of that section are:— "The purposes of any Trade Union shall not, trade disby reason merely that they are in restraint of trade, Trade be deemed to be unlawful, so as to render any member of such Trade Union liable to prosecution for conspiracy or otherwise." By this section of the Act of 1871 possible combination of workmen, which before 1871 have been unlawful merely on the trade. ground of its purposes being in restraint of trade, is expressly legalised, whether it be a temporary or permanent combination. spiracy. every Doctrine would as to re straint of Decisions as to un lawful attain law In the legal decisions given under the above section, or the similar clause in the now repealed means to Criminal Law Amendment Act, while the object ful object, of the trade dispute was lawful, the means adopted under the by the workmen were declared to be illegal. But Union Act, § 3 of this statute legalises all acts done in Criminal furtherance of the combination or dispute, if the acts so done are not in themselves crimes if Trade and the Law ment Act. Conspiracy as relating to trade abolished. done by one person. The words are: An agreement or combination by two or more persons to do, or procure to be done, any act in disputes contemplation or furtherance of a trade dispute 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." Definition of Crime under the Act. Conspiracy, therefore, as relating to trade disputes must now be defined as a combination to commit a crime, whether that crime be the object or the means of the combination; for the common law of conspiracy, as affecting trade disputes, has been, by this statute, practically abolished.* DEFINITION OF CRIME.-Sub-section 4 of § 3 defines the sense in which "crime" is used in the first clause as follows:: "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 * In the Plymouth case of intimidation, the charge of conspiracy was not preferred against the appellants. See report of case, Appendix B. |