Appeal in Scotland as prescribed by 20 Geo. 2, c. 43. Interested person not to act as a mem ber of a court of appeal. Definitions. thereon, and to pay such costs as may be awarded by the court; (4) Where the appellant is in custody the justice may, if he think fit, on the appellant entering into such recognizance as aforesaid, release him from custody; (5) The court of appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary jurisdiction with the opinion of the court of appeal thereon, or make such other order in the matter as the court thinks just, and if the matter be remitted to the court of summary jurisdiction the said last-mentioned court shall thereupon re-hear and decide the information or complaint in accordance with the opinion of the said court of appeal. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just. 21. In Scotland it shall be competent to any person to appeal against any order or conviction under this act to the next circuit court of justiciary, or where there are no circuit courts to the High Court of Justiciary at Edinburgh, in the manner prescribed by and under the rules, limitations, conditions, and restrictions contained in the act passed in the twentieth year of the reign of His Majesty King George the Second, chapter forty-three, in regard to appeals to circuit courts in matters criminal, as the same may be altered or amended by any acts of Parliament for the time being in force. All penalties imposed under the provisions of this act in Scotland may be enforced in default of payment by imprisonment for a term to be specified in the summons or complaint, but not exceeding three calendar months. All penalties imposed and recovered under the provisions of this act in Scotland shall be paid to the sheriff clerk, and shall be accounted for and paid by him to the Queen's and Lord Treasurer's Remembrancer on behalf of the Crown. 22. A person who is a master, or father, son, or brother of a master, in the particular manufacture, trade, or business in or in connexion with which any offence under this act is charged to have been committed shall not act as or as a member of a court of summary jurisdiction or appeal for the purposes of this act. DEFINITIONS 23. In this act the term "Summary Jurisdiction Acts” means as follows: As to England, the act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and any acts amending the same; As to Ireland, within the police district of Dublin metropolis, the acts regulating the powers and duties of justices of the peace for such district, or of the police of such district, and elsewhere in Ireland, "the Petty Sessions (Ireland) Act, 1851," and any act amending the same; In Scotland the term "misdemeanor" means a crime and offence. union." The term "trade-union" means such combination, As to "tradewhether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, if this act had not passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade: Provided that this act shall not affect (1) any agreement between partners as to their own business; (2) any agreement between an employer and those employed by him as to such employment; (3) any agreement in consideration of the sale of the good-will of a business or of instruction in any profession, trade, or handicraft. REPEAL 24. The Trades Unions Funds Protection Act, 1869, is hereby repealed. Provided that this repeal shall not affect (1) anything duly done or suffered under the said act; (2) any right or privilege acquired or any liability incurred under the said act; (3) any penalty, forfeiture, or other punishment incurred in respect of any offence against the said act; (4) the institution of any investigation or legal proceeding or any other remedy for ascertaining, enforcing, recovering, or imposing any such liability, penalty, forfeiture, or punishment as aforesaid. SCHEDULES FIRST SCHEDULE Of matters to be provided for by the rules of tradeunions registered under this act Repeal of Funds Protection Act, 1869, stated. Trades Unions as herein 1. The name of the trade-union and place of meeting See 18 and 19 for the business of the trade-union. 2. The whole of the objects for which the trade-union is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under 94503-38——7 Vict., c. 63. 8. 25. Short title. Amendment of law as to con spiracy in which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such trade-union. 3. The manner of making, altering, amending, and rescinding rules. 4. A provision for the appointment and removal of a general committee of management, of a trustee or trustees, treasurer, and other officers. 5. A provision for the investment of the funds, and for an annual or periodical audit of accounts. 6. The inspection of the books and names of members. of the trade-union by every person having an interest in the funds of the trade-union. Chapter 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 Protection of Property Act, 1875. 2. [Repealed by Statute Law Revision Act, 1893.] CONSPIRACY AND PROTECTION OF PROPERTY 3. An agreement or combination by two or more persons to do or procure to be done any act in contemplatrade disputes. tion or furtherance of a trade dispute shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime. An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable. 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. 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. 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 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 make default in complying with the provisions of this section in relation to such notice as 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. 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 Breach of con tract by persons employed in supply of gas or water. Breach of volving injury property. contract in to persons or Penalty for neglect by master to provide food, clothing, etc., for servant or apprentice. Penalty for intimidation or annoyance by violence or otherwise. Reduction of penalties. whether real or personal to destruction or serious injury, 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. 6. Where a master, being legally liable to provide for his servant or apprentice necessary food, clothing, medical aid, or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, whereby the health of the servant or apprentice is or is likely to be seriously 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. 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 and without legal authority: (1) uses violence to or intimidates [see s. 3 of the Trade Disputes and Trade Unions Act, 1927] 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 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. [Attending at or near the house or place where a person resides, or works, or carries on business, or happens to be, or the approach to such house or place, in order merely to obtain or communicate information, shall not be deemed a watching or besetting within the meaning of this section. (Repealed by section 2, Trade Disputes Act, 1906.)] 8. Where in any act relating to employers or workmen a pecuniary penalty is imposed in respect of any offence under such act, and no power is given to reduce such penalty, the justices or court having jurisdiction in respect of such offence may, if they think it just so to do, impose by way of penalty in respect of such offence any sum not less than one-fourth of the penalty imposed by such act. |