6 Rattening'] S. 7: Every person who, with a view to compel any other person, to abstain from doing or, to do any act which such other person has a legal right to do or abstain from doing, wrongfully or without legal authority: Intimidation] (1) Uses violence to or intimidates such other person or his wife or children, or injures his property; or, or, (2) Persistently follows such other person about from place to place; (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 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.' The rest of the s. is repealed by 6 E. 7, 47, 2 (2); s. 2 (1) of which substitutes for it: 'It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working.' Such other means any other: per the Court of Appeal, Lyons v. Wilkins, 1899, 1 Ch. at 268; its meaning is to be sought in the first paragraph of this s. This s. is not confined to trade disputes: per Chitty L.J., Lyons v. Wilkins; it would embrace the case of besetting a man's house with a view to compel him not to receive guests or visitors. It is immaterial whether the person beset' is an employee or not. Farmer v. Wilson, 19 Cox C. C. 502; 69 L. J. K. B. 496; 64 J. P. 486, 1900. To charges under sub-ss. 2 and 4 of this s. (7) the defence was sub-s. 1 of 6 E. 7, 47, 2, above: Palles C.B. said that a ' mere attending' is 'more temporary than watching"; defendants had followed in procession a shopkeeper who had dismissed one of them; some waited outside his house; it was left to the jury to say with what object they 'watched'; if it was to compel the employer to take back the employee they ought to convict. Wall, 21 Cox C. C. 401, 1907. Where the secretary of a trade union gave notice to an employer that unless the non-unionists were discharged, the unionists would strike, but no violence or threat of any sort was used, though the non-unionists had good reason to believe that they would get no other employment if discharged, and the employer had reasonable ground for expecting that violence would be used and that great injury from the strike would result to him, so that he discharged the non-unionists, it was held by the Q. B., five judges, that as there was no threat of violence, there was no intimidation within this s., and that the mere fact of the employer reasonably apprehending injury did not make the notice indictable nor criminal (nor actionable); probably intimida Indictment under s. 7. 539 tion must be limited to threats of personal violence, as in McKeevit, 1890, unreported, per Cave J. (So J.P. report, summarising in one Gibson v. Lawson, and the other two cases, above.) Where there was intimidation within this s. and a 'blackleg' was assaulted by the throwing of eggs, though this was proved against two only, the others in their company and acting in concert were properly convicted. Young, &c. v. Peck, 23 Cox C. C. 270, 1912: K. B. D.; as there was likely to be a riot the police could prosecute as well as the man assaulted. In s. 19 of the Criminal Law and Procedure (Ir.) A. 1887, 'intimidation'‘includes any words or acts intended and calculated to put any person in fear of any injury or danger to himself or to any member of his family or to any person in his employment or in fear of any injury to or loss of property, business, employment, or means of living. The expression in s. 2 (2) of that A. 'intimidation to or towards' is contrasted with the wording of s. 7 (1), above, by L. O'Brien C.J. in M'Carthy (or Lanktree v. M'Carthy), 1903, 2 Ir. R. 146: K. B. D. Indictment, &c.] If the allegation of offence follows the statute an indictment is not bad for omitting being an act . . . to do': Hulme, 9 Cr. A. R. 77, 1913, anticipating Rule 5 (2) of the Indictments A. Cf. J. Stephenson, 1912. 6 In a conviction under this s. it is necessary to specify the acts which the defendant intended to compel the prosecutor to do or abstain from doing. McKenzie, 1892, 2 Q. B. 519; 61 L. J. M. C. 181; 17 Cox C. C. 542, where the conviction did not follow the terms either of the s. or of the summons; the court thought the defect one of substance and not merely of form. The gist. of this offence is not the following. in a disorderly manner, but such a following as to prevent a person doing such acts as he has a right to do.' But a commitment under this s. for following in a disorderly manner with a view to compel one T. to abstain from working as a shoe finisher in the employment of one C. D., a shoe manufacturer, carrying on business in the parish of E.' is a good one, inasmuch as it contains a sufficient description of a specified act from which the complainant was compelled to abstain.' Ex parte Wilkins, 64 L. J. M. C. 221; 18 Cox C. C. 161, 1895. Where a conviction under this s. for injuring property did not specify what property, it was quashed. Smith v. Moody, 1903, 1 K. B. 56; 20 Cox C. C. 369; 19 T. L. R. 7; 72 L. J. K. B. 43; 67 J. P. 69. Used violence to or intimidated' is bad for duplicity, as the words express two offences. Edmondes, 59 J. P. 776, 1895. Picketing] A picket who silently follows a person whom he wishes to go on strike may be, even if he is alone, guilty of an offence under sub-s. 5. Smith v. Thomasson, 16 Cox C. C. 740; 54 J. P. 569, 1890; a fortiori if there is a crowd of disorderly people. If language is used which may or may not be meant to intimidate, it is for the jury to say: A. E. Baker, 7 Cr. A. R. 89, 1911. Trial by jury] By s. 9, where imprisonment, or a penalty of more than 207. may be imposed, the accused may elect to have the case treated as indictable, in which case the justices must so treat it (and cannot fine): Mitchell, 23 Cox C. C. 273, 1912: K. B. D. By s. 15, the word 'maliciously used in reference to any offence under this Act [e.g. in ss. 4, 5, 9], shall be construed in the same manner as it is required by' 24-5 V. 97, 58. S. 16: Nothing in this Act shall apply to seamen or to apprentices to the sea service'; i.e. the penalties and punishments prescribed by this Act do not apply to seamen; it is not meant that any one may commit those offences on seamen: per Day J., Kennedy v. Cowie, 1891, 1 Q. B. 771; 60 L. J. M. O. 170; 17 Cox C. C. 320. Seamen under the Merchant Shipping Acts (1894-1916), are persons actually employed or engaged on board ship. Persons whose calling or occupation is that of seamen, but who are not so employed or engaged in fact are not exempted by this s. Lynch, 1898, 1*Q. B. 61; 67 L. J. Q. B. 59; 18 Cox C. C. 677: C. C. R. CONSTABLE, OFFENCES I. AGAINST. See under Apprehension. II. BY. See under Larceny and Office-holder, and in Index. CONTAGIOUS AND INFECTIOUS DISEASE, DISSEMINATING. See under Nuisance. CONTRACT, CRIMINAL BREACH OF. CONTRACT, MAKING ILLEGAL. See Employers. CONVERSION. See ss. 20-1 of the Larceny A. 1916. CONVEYANCE OF PROPERTY, FRAUDULENT. By 13 El. 5, 1, 'feigned, covinous and fraudulent feoffments, gifts, grants, alienations, conveyances, bonds, suits, judgments and executions, as well of lands and tenements as of goods and chattels' made to defeat creditors are, ss. 2, 3, void, ‘and also [the offender] being thereof lawfully convicted shall suffer imprisonment for one halfyear without bail or mainprise.' The only case on indictment known is W. Smith and anor., 6 Cox C. C. 31, 1852: feigned conveyance to defeat judgment for damages; Maule J. held that there might be indictment before action brought, and that the specific facts making the fraud need not be averred. The conspiracy alleged against Cor and Railton was of the same nature as in W. Smith. Coroners. CONVICTS, OFFENCES BY. See Index. 541 CORONERS, OFFENCES BY. By 50-1 V. 71, 8 (2): A coroner who is guilty of extortion or of corruption or of wilful neglect of his duty, or of misbehaviour in the discharge of his duty, shall be guilty of a misdemeanour, and in addition to any other punishment may, unless his office is annexed to any other office, be adjudged by the court before whom he is so convicted, to be removed from his office. By (1) the Lord Chancellor may 'remove' him 'for inability or misbehaviour in the discharge of his duty.' By s. 9, an offence against the A. in transmitting the proper documents in cases of homicide to the court of trial may be summarily punished by that court by a fine. By s. 10, neither he nor his partner may act as solicitor in a charge on his inquest: penalty, liability to s. 8 (2) above, and a (maximum) fine of 50l. by the court of trial. By s. 17, he may take for remuneration as coroner nothing not authorised by statute. Triable at Q. S. See also under Office-holders and Dead Bodies. CORPORAL PUNISHMENT, CRIMINAL. See Chastisement. CORPORATION, OFFENCES BY. See Index. CORROSIVES, USE OF. CORRUPT PRACTICES. See under Bribery, Elections and False Personation. CORRUPTION. The Prevention of Corruption A. 1906, 6 E. 7, 34, runs: 1.-(1) If any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or forbearing to do, or for having after the passing of this Act done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or If any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the passing of this Act done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account, or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal; he shall be guilty of a misdemeanour, and shall be liable on conviction on indictment to imprisonment, with or without hard labour, for a term not exceeding two years, or to a fine not exceeding five hundred pounds, or to both such imprisonment and such fine, or on summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding fifty pounds, or to both such imprisonment and such fine. (2) For the purposes of this Act the expression 'consideration includes valuable consideration of any kind; the expression agent' includes any person employed by or acting for another; and the expression principal' includes an employer. (3) A person serving under the Crown or under any corporation or any municipal; borough, county, or district council, or any board of guardians, is an agent within the meaning of this Act. 2.-(1) A prosecution for an offence under this Act shall not be instituted without the consent, in England of the Attorney-General or Solicitor-General, and in Ireland of the Attorney-General or Solicitor-General for Ireland. (2) The Vexatious Indictments Act, 1859, as amended by any subsequent enactment, shall apply to offences under this Act as if they were included among the offences mentioned in section one of that Act. (3) Every information for any offence under this Act shall be on oath. (5) A court of quarter sessions shall not have jurisdiction to inquire of, hear, and determine prosecutions on indictments for offences under this Act. (6) Any person aggrieved by a summary conviction under this Act may appeal to a court of quarter sesssions. |