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CONSPIRACY, AND PROTECTION OF PROPERTY ACT 1875

UK Public General Acts

Version 01/07/1992

1875 CHAPTER 86 38 and 39 Vict

Default Geographical Extent: E+W+S+N.I.


  • Conspiracy, and Protection of Property
  • Miscellaneous
  • Legal Proceedings
  • Definitions
  • Saving Clause
  • Repeal
  • Application of Act to Scotland
  • Application of Act to Ireland

Introductory Text

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]

Annotations:

Modifications etc. (not altering text)

C1 Act (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

I1 Act wholly in force at 1.9.1875 by s. 2 (now repealed).


1 Short title.

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

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 Amendments (Textual)

F1 S. 2 repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)


Conspiracy, and Protection of Property


[F2 3 [F3 a trade dispute] . . . F4 shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

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.]

Annotations:

Amendments (Textual)

F3 Words substituted by Trade Union and Labour Relations Act 1974 (c. 52), Sch. 3 para. 1

F4 Words repealed by Trade Disputes Act 1906 (c. 47), s. 5(1)

F5 Words repealed by Industrial Relations Act 1971 (c. 72), Sch. 9


4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 Amendments (Textual)

F6 S. 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.)


5 Breach of contract involving injury to persons or property.

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, . . . F7 be liable either to pay a penalty not exceeding [F8 level 2 on the standard scale] , or to be imprisoned for a term not exceeding three months, . . . F9

Annotations:

Amendments (Textual)

F7 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F8 Words 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

F9 Words 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)


Miscellaneous


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 [F10 level 2 on the standard scale] , or to be imprisoned for a term not exceeding six months, . . . F11

Annotations:

Amendments (Textual)

F10 Words 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

F11 Words 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)


7 Penalty for intimidation or annoyance by violence or otherwise.

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,

. . . [F12 shall 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.]

[F13 A constable may arrest without warrant anyone he reasonablysuspects is committing an offence under this section.]

Annotations:

Amendments (Textual)

F12 Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2), Sch. 2 para. 1(1)

F13 Words inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2), Sch. 2 para. 1(2)


[F14 8 Reduction of penalties (E+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.]

Annotations:

Amendments (Textual)

F14 S. 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.)


Legal Proceedings


9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 Amendments (Textual)

F15 S. 9 repealed by Criminal Law Act 1977 (c. 45), Sch. 13


10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 Amendments (Textual)

F16 Ss. 10, 11 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I


12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 Amendments (Textual)

F17 S. 12 repealed by Courts Act 1971 (c. 23) Sch. 11 Pt. IV