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Conspiracy, and Protection of Property Act 1875 (repealed)

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Version Superseded: 05/11/1993

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Point in time view as at 16/10/1992.

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Conspiracy, and Protection of Property Act 1875

1875 CHAPTER 86 38 and 39 Vict

An Act for amending the Law relating to Conspiracy, and to the Protection of Property, and for other purposes.

[13th August 1875]

Modifications etc. (not altering text)

C1Act (except s. 5) extended by Merchant Shipping Act 1970 (c. 36), s. 42(1)

This Act is not necessarily in the form in which it has effect in Northern Ireland.

Commencement Information

I1Act wholly in force at 1.9.1875 by s. 2 (now repealed).

1 Short title.U.K.

This Act may be cited as “The Conspiracy, and Protection of Property Act 1875.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

Conspiracy, and Protection of PropertyU.K.

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F2S. 3 repealed (E.W.) by Criminal Law Act 1977 (c. 45), Sch. 13, and (N.I.) by S.I. 1983/1120, art. 13(12)(b), Sch.

S. 3 repealed (E.W.S) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), 300(1), Sch.1 (with Sch. 3 para 2)

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

Textual Amendments

F3S. 4 repealed (E.W.S.) by Industrial Relations Act 1971 (c. 72), Sch. 9, and repealed (N.I.) (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 108(3), Sch.6; S.R. 1992/212 art.2(3) (with art. 3(2), Sch.)

[F45 Breach of contract involving injury to persons or property.N.I.

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 whether real or personal to destruction or serious injury, he shall on conviction thereof by a court of summary jurisdiction, . . . F5 be liable either to pay a penalty not exceeding [F6level 2 on the standard scale], or to be imprisoned for a term not exceeding three months, . . . F7]

MiscellaneousU.K.

6 Penalty for neglect by master to provide food, clothing, &c., for servant or apprentice.E+W

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 [F8level 2 on the standard scale], or to be imprisoned for a term not exceeding six months, . . . F9

[F107 Penalty for intimidation or annoyance by violence or otherwise.N.I.

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 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,

. . . [F11shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]

[F12A constable may arrest without warrant anyone he reasonablysuspects is committing an offence under this section.]]

[F138 Reduction of penaltiesE+W+S

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.]

Textual Amendments

Legal ProceedingsU.K.

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

Textual Amendments

10, 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16U.K.

Textual Amendments

F16S. 12 repealed by Courts Act 1971 (c. 23) Sch. 11 Pt. IV

DefinitionsU.K.

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17U.K.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

Textual Amendments

F18S. 14 repealed (E.W.S.) by Industrial Relations Act 1971 (c. 72), Sch. 9, and repealed (N.I.) (1.7.1992) by S.I. 1992/807 (N.I 5), art. 108(3), Sch.6; S.R. 1992/212, art.2(3) (with art. 3(2), Sch.)

[F1915“Maliciously” in this Act construed as in Malicious Injuries to Property Act.N.I.

The word “maliciously” used in reference to any offence under this Act shall be construed in the same manner as it is required by the fifty-eighth section of the M1Malicious Damage Act 1861, to be construed in reference to any offence committed under such last-mentioned Act.]

Textual Amendments

Marginal Citations

Saving ClauseU.K.

[F20F2116 Saving as to sea service.N.I.

Section 5 of this Act does not apply to seamen].

RepealU.K.

F2217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F22S. 17 repealed (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 108(3), Sch.6; S.R. 1992/212 art.2(3) (with art. 3 part. 2)

Application of Act to ScotlandU.K.

18 Application to Scotland.U.K.

This Act shall extend to Scotland, with the modifications following; that is to say,

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(3)The expression “the court of summary jurisdiction” means the sheriff of [F24the sheriffdom] or any one of his substitutes.

19, 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25U.K.

Application of Act to IrelandU.K.

21 Application to Ireland U.K.

This Act shall extend to Ireland, F26. . .

Textual Amendments

Modifications etc. (not altering text)

C2Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2.

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