See Appendix A, Moreover, the proviso at the end of the section Peaceful apparently gives all the necessary protection to Picketing. peaceful picketing, unless justices overstrain the law, which is not now so likely to be done, seeing that the law is general.* The Recorder's charge in the Cabinetmakers' case. §§ 3, 4, 5, & 7 not confined to of work An assurance was given by the then Home Secretary that this section is an embodiment of the Recorder's (Mr. Russell Gurney) charge, in the case of the Cabinet-makers, and the fact of the Home Secretary sending a copy of that charge with the Acts to every Magistrate and Judge, has, no doubt, prevented any flagrant oppression by the law. Meanwhile, all true friends to labour cannot but hope that workmen will generously accept the law, and keep within its lines.† The four classes of offences given in §§ 3, 4, 5, and 7 are not confined to any particular any class class of workmen, for there is no such restriction. to workmen of particular classes as specified in the Employers and Workmen Act. The Act does not, however, apply to seamen, or to apprentices to the sea service. men. Reduction § VIII.-Power is given by this section to any of penal court or justices having jurisdiction to reduce the * There have been instances in which complaints of overstraining the law have been made. But the more usual way now is to interfere with the pickets under local Police Acts, for obstruction and the like, the men being ordered to 66 move on." + Should any unjust decision occur in the administration of this Act it will be well for the officers of societies to send full particulars to the Secretary of the Trades Union Congress Parliamentary Committee. There has been some remissness in this respect on the part of those whose duty it is to keep the Parliamentary Committee well informed as to legal proceedings under this and other Acts. penalties under any other Act, relating to employers ties under and workmen, to not less than one-fourth the sum. other Acts. offender Act to §§ IX. to XI.-THE TRIBUNAL, AND MODE OF Power of DECIDING CASES.-All offences under the Act may under this be dealt with on summary conviction, subject to elect to be the right of the defendants where the offence is tried on punishable by a penalty of £20, or imprisonment, ment and to be tried by a jury. Conspiracy can only be tried not by a by the Superior Criminal Courts, or, in certain Summary cases, by Quarter Sessions. The penalties in each case are given under each separate section. indict Court of Juris diction. tion of The Court of Summary Jurisdiction for the Constitupurposes of this Act is constituted precisely as Courts of the Court of Summary Jurisdiction under the Summary Employers and Workmen Act. (See Tribunals in tion. the chapter on the Employers and Workmen Act.) Jurisdic before a The procedure is by information laid before Procedure a magistrate, and a summons issued thereon. On Court of refusal or neglect to appear on summons, a warrant Summary may issue. Jurisdic tion. witnesses. WITNESSES.-Parties to the contract of service, Regulaand their husbands and wives, are competent tion as to witnesses, either on summary conviction or indictment, except in proceedings under § 7. may ob Court of OBJECTION BY DEFENDANT TO THE COURT.-The Defendant accused may, on appearing before the Court, object ject to be to being tried by summary jurisdiction; the offence tried by a may thereupon be prosecuted on indictment. In Summary such cases the Court should inform the defendant that the law has given him that option. Jurisdiction. Costs of prosecu As the costs of the indictment are not allowed, tion to be the prosecutor should be asked if he desires to paid by prosecutor prosecute. Appeal to Appeal to a Superior Court. § XII. This section gives the right of appeal to Quarter Sessions against a conviction in England and Ireland (Scotland is provided for in another Act), with power to the Court of Appeal to confirm, reverse, or modify the decision of the Court of Summary Jurisdiction, or to remit the matter again to that Court to be reheard.* CASE FOR OPINION OF A SUPERIOR COURT.—A case may also be applied for and stated on any point of law arising on any information under the Act, for the opinion of a Superior Court; but not if the defendant elects to be tried by a jury.† It is important to bear in mind that in all cases of appeal the appellant must enter into recognizances, with or without sureties as the Court may direct, to prosecute the appeal and pay such costs of the respondent as the Court may order. Definitions §§ XIII. to XVI.-These sections contain deand saving finitions, and the saving clause. clause. Repeal clauses of the Act. Act to § XVII. This section contains the repeal clauses of the Act, and certainly is not the least important part of the statute, for by it all that is good in the Act is extended. Applica- §§ XVIII. to XXI. The remaining sections tion of the extend the application of the Act to Scotland Scotland and Ireland, and give the necessary directions, modifications, and definitions. and Ireland. * The Plymouth case was appealed against at the Plymouth Quarter Sessions, and was tried by the Recorder. (See Plymouth case, Chap. XVII.) † A case was stated for a Superior Court in the Plymouth case by the Recorder. (See report of that case, Appendix B ; and Chap. XVII., Appeals, etc.) CHAPTER V. CONSPIRACY AND PROTECTION OF PROPERTY. [38 & 39 VICT., CH. 86.]. AN Act for amending the Law relating to Conspiracy, and A.D. 1875. to the Protection of Property, and for other purposes. Be it enacted as follows: [13th August, 1875.] I. This Act may be cited as the Conspiracy and Pro- Short title. tection of Property Act, 1875. II. This Act shall come into operation on the first day Commenceof September one thousand eight hundred and seventy- ment of five. Conspiracy and Protection of Property. Act. ment of law III. An agreement or combination by two or more Amendpersons to do or procure to be done any act in contempla- as to contion or furtherance of a trade dispute between employers spiracy in and workmen shall not be indictable as a conspiracy if trade dissuch 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. 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. putes. A.D. 1875. 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 commisIsion 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. Breach of IV. Where a person employed by a municipal authority contract by or by any company or contractor upon whom is imposed by persons employed Act of Parliament the duty, or who have otherwise asin supply sumed the duty of supplying any city, borough, town, or of gas or water. 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 the city, borough, town, or 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 hereinafter 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 |