Conspiracy and Protection of Property Act
HLRO Main Papers (House Bill) (1875)


[38 & 39 VICT.] Conspiracy, and Protection of Property.
3
 
ing twenty pounds, or to be imprisoned for a term not exceeding three months, with or without hard labour.
A.D.1875
6. Where a person is accused before a court of summary jurisdiction of any offence made punishable by the Act, the accused may, on appearing before the court of summary jurisdiction, declare that he objects to being tried for such offence by a court of summary jurisdiction, and thereupon the court of summary jurisdiction may deal with the case in all respects as if the accused were charged with an indictable offence and not an offence punishable on summary conviction, and the offence may be prosecuted on indictment accordingly. Power for offender under this Act to be tried on indictment and not by court of summary jurisdiction.
Miscellaneous.
 
7. 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 six months, with or without had labour. Penalty for neglect by master to provide food, clothing, &c. for servant or apprentice.
8. 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, shall use violence to any person or any property, or shall, with the view aforesaid, threaten or intimidate any person in such manner as would justify a justice of the peace in binding over the person so threatening or intimidating to keep the peace, on complaint made to him, and every person who, with a view seriously to annoy or intimidate any other person, shall persistently follow such other person about or hide any property owned or used by such other person, or deprive him of or hinder him in the use thereof, or watch or beset the place where such other person resides or is, or the approach to such place, or with one or more persons follow such person in a disorderly manner in or through any street or road, shall be liable to a fine not exceeding twenty pounds, or to imprisonment with or without had labour for a term not exceeding three months. Penalty for intimidation or annoyance by violence or otherwise.
Legal Proceedings.
 
9. Every offence under this Act which is made punishable on conviction by a court of summary jurisdiction or on summary conviction, and every penalty under this Act recoverable on summary Proceedings before court of summary jurisdiction.
[260.]  
A 2
 

[handwritten] Leave out Clause 6.
(23. Leave out from (doing) to the end of the Clause and insert (" 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,
shall, on conviction thereof by a court of summary jurisdiction, or an indictment as herein-after 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, ( and not with a view to intimidate or to deter by serious annoyance such person from doing or abstaining from doing that which he has a legal right to do or abstain from doing ,) shall not be deemed a watching or besetting within the meaning of this section.)- [handwritten in margin]
L22 leave out from (information, to (shall) L24
[handwritten] and also insert Clause (A)
(A) 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. Reduction of penalties.
[handwritten] after line 37 insert Clause (B)
Power for offender under this Act to be tried on indictment and not by court of summary jurisdiction. (B) 9. Where a person is accused before a court of summary jurisdiction of any offence made punishable by this Act, and for which a penalty not exceeding twenty pounds, or imprisonment, is imposed, the accused may, on appearing before the court of summary jurisdiction, declare that he objects to being tried for such offence by a court of summary jurisdiction, and thereupon the court of summary jurisdiction may deal with the case in all respects as if the accused were charged with an indictable offence and not an offence punishable on summary conviction, and the offence may be prosecuted on indictment accordingly. [handwritten in margin]
leave out (not exceeding) insert L3 (amounting to)

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