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- Point in Time (16/10/1992)
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Version Superseded: 05/11/1993
Point in time view as at 16/10/1992.
There are currently no known outstanding effects for the Conspiracy, and Protection of Property Act 1875 (repealed).
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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I1Act wholly in force at 1.9.1875 by s. 2 (now repealed).
This Act may be cited as “The Conspiracy, and Protection of Property Act 1875.”
Textual Amendments
F1S. 2 repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
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F2S. 3 repealed (E.W.) by Criminal Law Act 1977 (c. 45), Sch. 13, and (N.I.) by S.I. 1983/1120, art. 13(12)(b), Sch.
S. 3 repealed (E.W.S) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), 300(1), Sch.1 (with Sch. 3 para 2)
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F3S. 4 repealed (E.W.S.) by Industrial Relations Act 1971 (c. 72), Sch. 9, and repealed (N.I.) (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 108(3), Sch.6; S.R. 1992/212 art.2(3) (with art. 3(2), Sch.)
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]
Textual Amendments
F4S. 5 repealed (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), s. 300(1), Sch.1 (with Sch. 3 para. 2)
F5Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13
F6Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, and (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F7Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)
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
Textual Amendments
F8Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, and (S. ) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F9Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)
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.]]
Textual Amendments
F10S. 7 repealed (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), s. 300(1), Sch. 1 (with Sch. 3 para. 2)
F11Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2), Sch. 2 para. 1(1)
F12Words inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2), Sch. 2 para. 1(2)
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
F13S. 8 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.)
Textual Amendments
F14S. 9 repealed by Criminal Law Act 1977 (c. 45), Sch. 13
Textual Amendments
F15Ss. 10, 11 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
Textual Amendments
F16S. 12 repealed by Courts Act 1971 (c. 23) Sch. 11 Pt. IV
Textual Amendments
F17Ss. 13, 19, 20 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
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.)
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
F19S. 15 repealed (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), s. 300(1), Sch. 1 (with Sch. 3 para. 2)
Marginal Citations
Section 5 of this Act does not apply to seamen].
Textual Amendments
F20S. 16 substituted by Merchant Shipping Act 1970 (c. 36), Sch. 3 para. 1
F21S. 16 repealed (E.W.S.)(16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), s. 300(1), Sch.1 (with Sch. 3 para. 2)
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)
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.
Textual Amendments
F23S. 18(1)(2) repealed by Industrial Relations Act 1971 (c. 72), Sch. 9 and Statute Law Revision (No. 2) Act 1893 (c. 54) respectively
F24Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1
Textual Amendments
F25Ss. 13, 19, 20 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
This Act shall extend to Ireland, F26. . .
Textual Amendments
F26Words in s. 21 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(2), Sch.)
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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