was the president of a strike committee of a trade union, of Ss. 15, 16. which all the other defendants were members) induced a cab proprietor not to engage the plaintiff to drive a cab for him or to let him one on hire; that he did this "maliciously," in order to injure the plaintiff and to procure some indirect advantage .for those for whom he was acting (but not for himself); and that he conspired with other members of the Cab Drivers' Union to induce the proprietor not to let him have a cab; and they assessed damages.

Darling, J., thought that Allen v. Flood governed this case except on the finding of conspiracy. "Upon the question thus raised," he said, "the judgment in Allen v. Flood is, I humbly conceive, of no absolute authority. I take it to have been established by that judgment' that (conspiracy apart) nothing proved to have been done by the defendant in this case amounted to an actionable wrong. Does, then, his having conspired with others to do those things render such, otherwise innocent, acts illegal and wrongful so as to give plaintiff a right-of action against him? I think I am bound by authority to come to a contrary conclusion," and the learned Judge cited the judgment of Cockburn, C. J., in Reg. v. Warburton (in 1870, L. R. 1 C. C. 274, at p. 276), and that of Palles, C. B., in Kearney v.. Lloyd (26 L. R. Ir. 268), the latter to the effect "that conspiracy to do certain acts gives a right of action only where the acts agreed to be done, and in fact done, would, had they been without preconcert, have involved a civil injury to the plaintiff;" and he entered judgment for the defendant. (See p. 56.)

Saving Clause.

16. Nothing in this Act shall apply to seamen Saving as to or to apprentices to the sea service.

66

Apply to Seamen." "I am clearly of opinion," said Day, J., "that all which is meant by this saving clause is that nothing in the Act shall make persons who are seamen responsible for the offences there dealt with.

That is to say,

sea service.

Ss. 16, 17. the penalties and punishments provided by the Act are not to fall upon seamen. It is not meant that any one may commit those offences upon seamen (Kennedy v. Cowie, 1891, 1 Q. B. 771). Cf. R. v. Wall (112 Sessions Paper, C. C. C. 880) in 1890, and R. v. Phillips (ibid., vol. 113, p. 622) in 1891.

Repeal of
Acts.

Seamen are subject to a special code, viz.: the Merchant Shipping Act, 1894 (57-8 V. c. 60).

It is not always clear who is a seaman under the Act. In Reg. v. Lynch and Jones (1898, 1 Q. B. 61), “there was evidence that the prisoners followed the sea as a calling, each of them having been engaged as firemen on board steamships, but on the day in question they were not engaged or employed as firemen or seamen on board ship. It was not shown when either of them had been last so employed or engaged, but they followed the sea as an occupation."

"It would be strange," said Russell, L. C. J., in delivering the judgment of the Court for Crown Cases Reserved, "if the Legislature intended to exclude such persons [as the prisoners] from the legislation of 1875, as well as from that of the Merchant Shipping Acts," and the Court came to the conclusion that seamen were excluded from the Act of 1875 because they were subject to the Merchant Shipping Act of 1854 (partly re-enacted by the Act of 1894), which had defined the term, and "that no ground of reason or common sense can be found for excluding from the operation of the Act [of 1875] the whole class of seafaring men, not actually engaged in sea service." It held, accordingly, that these prisoners were rightly convicted under sect. 7 of this Act, notwithstanding sect. 16.

Repeal.

17. On and after the commencement of this Act, there shall be repealed :

I. The Act of the session of the thirty-fourth and

thirty-fifth years of the reign of Her present Majesty,

chapter thirty-two, intituled "An Act to amend
the Criminal Law relating to violence, threats, and
molestation;" and

II. "The Master and Servant Act, 1867," and the
enactments specified in the First Schedule to that
Act, with the exceptions following as to the enact-
ments in such Schedule; (that is to say),
(1.) Except so much of sections one and two of
the Act passed in the thirty-third year of the
reign of King George the Third, chapter fifty-
five, intituled "An Act to authorise justices of
the peace to impose fines upon constables, over-
seers and other peace or parish officers for
neglect of duty, and on masters of apprentices
for ill-usages of such their apprentice; and also
to make provision for the execution of warrants
of distress granted by magistrates," as relates
to constables, overseers, and other peace or
parish officers; and

(2.) Except so much of sections five and six of an

Act passed in the fifty-ninth year of the reign of King George the Third, chapter ninety-two, intituled "An Act to enable justices of the peace in Ireland to act as such, in certain cases, out of the limits of the counties in which they actually are; to make provision for the execution of warrants of distress granted by them; and to authorise them to impose fines upon constables and other officers for neglect of duty, and on masters for ill-usage of their apprentices," as relates to constables and other peace or parish officers; and (3.) Except the Act of the session of the fifth and

sixth years of the reign of Her present Majesty,

8. 17.

S. 17.

chapter seven, intituled "An Act to explain the Acts for the better regulation of certain apprentices," and

(4.) Except sub-sections one, two, three, and five of section sixteen of "The Summary Jurisdiction (Ireland) Act, 1851," relating to certain disputes between employers and the persons employed by them; and

III. Also there shall be repealed the following enact

ments making breaches of contract criminal, and relating to the recovery of wages by summary procedure; (that is to say,)

(a.) An Act passed in the fifth year of the reign

of Queen Elizabeth, chapter four, and intituled "An Act touching dyvers orders for artificers, labourers, servantes of husbandrye, and apprentices;" and

(b.) So much of section two of an Act passed in the twelfth year of King George the First, chapter thirty-four, and intituled "An Act to prevent unlawful combination of workmen employed in the woollen manufactures, and for better payment of their wages," as relates to departing from service and quitting or returning work before it is finished; and

(c.) Section twenty of an Act passed in the fifth

year of King George the Third, chapter fiftyone, the title of which begins with the words "An Act for repealing several Laws relating to the manufacture of woollen cloth in the county of York," and ends with the words "for preserving the credit of the said manufacture at the foreign market ;" and

(d) An Act passed in the nineteenth year of King $8.17.
George the Third, chapter forty-nine, and
intituled "An Act to prevent abuses in the
payment of wages to persons employed in the
bone and thread lace manufactory ;" and
(e.) Sections eighteen and twenty-three of an Act
passed in the session of the third and fourth
years of Her present Majesty, chapter ninety-
one, intituled "An Act for the more effectual
prevention of frauds and abuses committed by
weavers, sewers, and other persons employed in
the linen, hempen, union, cotton, silk, and woollen
manufactures in Ireland, and for the better pay-
ment of their wages, for one year, and from thence
to the end of the next session of Parliament;"
and

(f) Section seventeen of an Act passed in the session
of the sixth and seventh years of Her present
Majesty, chapter forty, the title of which begins
with the words "An Act to amend the Laws,"
and ends with the words "workmen engaged
therein; and

(g.) Section seven of an Act passed in the session
of the eighth and ninth years of Her present
Majesty, chapter one hundred and twenty-eight,
and intituled "An Act to make further regula-
tions respecting the tickets of work to be delivered
to silk weavers in certain cases."

Provided that,

(1.) Any order for wages or further sum of compensation in addition to wages made in pursuance of section sixteen of

"The