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Conspiracy, and Protection of Property Act 1875

The Conspiracy, and Protection of Property Act 1875 (38 & 39 Vict. c. 86) was an act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875 (38 & 39 Vict. c. 90), fully decriminalised the work of trade unions. Based on an extension of the conclusions of the Cockburn Commission, it was introduced by a Conservative government under Benjamin Disraeli.

The act held that a trade union could not be prosecuted for act which would be legal if conducted by an individual. This meant that labour disputes were civil matters, not for consideration by criminal courts. One result of this was that picketing was decriminalised. The law also made certain forms of stalking illegal.

Provisions

Short title, commencement and extent

Section 1 of the act provided that the act may be cited as "The Conspiracy, and Protection of Property Act 1875".

Section 2 of the act provided that the act would come into force on 1 September 1875.

Repealed enactments

Section 17 of the act repealed the Criminal Law Amendment Act 1871 (34 & 35 Vict. c. 32) and the Master and Servant Act 1867 (30 & 31 Vict. c. 141).

Section 17 of the act also repealed all the enactments listed in the first schedule to the Master and Servant Act 1867 (30 & 31 Vict. c. 141), with the following exceptions:

Section 17 of the act repealed 7 enactments making breaches of contract criminal, and relating to the recovery of wages by summary procedure.

Subsequent developments

Sections 6 and 7 of the act were repealed for the Republic of Ireland by section 31 of, and the schedule to, the Non-Fatal Offences Against the Person Act 1997.

The whole act was repealed by section 1 of, and part 3 of schedule 1 to, the Statute Law (Repeals) Act 2008.

The provisions of the Conspiracy and Protection of Property Act 1878 (38 & 39 Vict. c. 86) of South Australia, the Conspiracy and Protection of Property Act 1889 of Tasmania, and the Conspiracy and Protection of Property Act 1900 of Western Australia, were derived from the Conspiracy and Protection of Property Act 1875.

See also

Notes

References

  • Thomas James Arnold. The Conspiracy and Protection of Property Act, 1875 (38 & 39 Vict. c. 86), and the Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90). Shaw & Sons. Fetter Lane and Crane Court, London. 1876. Google Books.
  • George Howell. A Handy-Book of the Labour Laws. Third Edition, Revised. Macmillan & Co. London (and New York). 1895. Chapters 4 and 5. Pages 37 to 58.

External links