Conspiracy, and c Act 1878 (SA)

ANNQ QUADRAQESIMO PRIM0 ET QUADRAGEBIMO

SECUNDO

A.D. 1878.

An Act to arneind the Law relntin&q to Conspiracy, to the protection if

property, and fov ot?ter purposes.

[Assented to, 30 th November, 1878.1

HEREAS it i s desirable to amend the Law relating to con- Preamble.

spiracy and the protection of property-Be it Enacted by

the Govmlor of the Province of South Australia, with the advice

and consent of the Legislative Council and Honse of Assembly of

the said Province, in this present Parliament assembled, as follows:

1. This Act may be for all purposes cited as the " Conspiracy and Shorttitle.

b Protection of Property Act, 1878."

" Servant " shall mean and include any servant, workman, clerk, laborer, apprentice, or other person who shall have entered into any contract to serve any master, either at salary, wages, or any other remuneration, or by the performance of work at a price hy the piece or in gross, 3. No

2. In the construction of and for the purposcs of this Act, the Interpretation.

following words shall, unless such meaning would be inconsistent

with the context, have the sewral meanings assigned to them-

" Master " shall mean and include any person or persons or body corporate who shall have cntcred into a contract to employ any servant, workman, clerk, laborer, apprentice, or other person, and also the attorney, agent, or any person having the control or management of the bueiness of such person, persons, or body corporate:

2 41' & 420 VICTORIB, No. 10% .

Ghspiracy and Protectior~ of Proper$ Acf-1878.

~ ~ ~ d j m n t of

a6 to cowpiracy in Q. No agreement ar combirtation by two or more persons to do ox

trades &apoteo. procure to be done, any act in contemplation or furtherance of a trade dispute between master and servant, shall be punishable as a compiracy, if such act, if cotnmitted by one person, would not be punishable by imprisonment: Provided, however, that nothing in this section contained shall affect the law relating to riot, unlawful assembly, breach of the ppace, or sedition, or any offence against the Sovereign, or excmpt from punishment any person guilty of a con- spiracy for which any punishment is or may be awarded by any Act or Ordinance: And provided further, that when any person shall be convicted of any such agreement or combination as aforesaid, to do, or procure to bc done, an act which is punishable only on summary conviction, and shall be sentenced to imprisonment, the term of such imprisonment shall not exceed three months, unless a longer term of imprisonment shall have been prescribed by the Act or Ordinance for the punishment of such act when committed by one person.

BreacIi contract by 4. Any servant in the employ of the Government or of any per-

persons	employed in
of gas or son or persons, or body corporate, upon whom is or may be imposed

water.	by any Act or Ordinance the duty, or who may have otherwise assu- med the duty of carrying on an4 conducting -railways or tramways for passenger and goods traffic, or for either of such purposes, at any place within the said province, or who may have the duty imposed as aforesaid, or who may assume the duty of carrying on and con- ducting railways and tramways for passenger and goods traffic, or for eithcr of such purposes at any plnce within the said province, or who may have the duty imposed as aforesaid, or who may assume the duty of supplying any city, town, villagc, or place, or any part of either, with gas or water, wilfully and maliciously breaks his con- tract of service or hiring with the Government or such person or persons, or body corporaze, lmowing, or having reasonable cause to believe, that the probable coilsesequerice of his so doing, either alone or in combination with others, will be to dcprive any of the inhabitants of the said province, or of any city, town, village, place, or part, of either wholly or to a grea,t extent of the use of such,
lailwny or tramway, or of their supply of gas or water, he shall, on
conviction, be liable eithcr to ray a penalty not exceeding Twcnty Pounds, or to be imprisoned for a term not exceeding thrue months,
with or without hard labor: Prm-ided that no servant shall be liable to conviction under this scction unless there shall be posted up at the railway, trammay-works, gasworks, or waterworks, ae the case may be, a printed copy of this section in some conspicuous place, where the same may be conveniently read by the persons employed.

B r e ~ h o f contrnotby

aorvant involving 5. Whenever and as often as any servant shall wilfully and mali-

pMbable injury to ciously brcak his contract if service, or hiring, knowing, or having

persons or property. reasonable cause to believe that the probable consequence of his so

doing, either alone or in combination with others will be to endanger human life, or cause serious bodily injuy, or to expose valuable property, whether rml or personal to destruction or serious injury,

he shall on conviction be iiable either to pay a penalty not exceed&

Tmeu ty -l

41" & 42O VICTORIB, No. 109.

Conspiracy and Protection Property Act.- 1 87%.

Twenty Pounds, or to be imprisoned for a term not exceeding three months with or without hard labor,

6. Whenever and as often as a master being legally liable to provide for his servant necessary food, clothing, medical aid, or

to provide food,

Kc$ect by maater

cldhing &C., for

lodging, wilfully and without lawful excuse refuses or neglects to

servant.

provide the same whereby the health of such servant is or is likely to be seriously or permanently injured, he shall on conviction be liable either to pay a penalty not ~xcecding Twenty Pounds, or to be imprisoned for 'a term not exceeding six months with or without hard labor.

7. Whenever and as often as any person who, with a view to compel any other person to do or abstain from doing any act which

tion or annoyance by Penalty for intimida-

violence or otherwise.

such other person has a legal right to do or abstain from doing

wrongfully and without legal authority-

I, Uses violence to or intimidates such other person or his wife or

children, or injures his property; or

Ir. Persistently follows such other pcrson about from place to

place; or

111. 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

IT. Watches or besets thc house or other place whcrc such other person rcsides or works or carries on business, or happens to be on the approach to such house or place; or

v. Follows such other pcrson wit,h two or more other persons in

a disorderly manner in or through any street or road:

He shall, on convictioi~, be liable either to pay a penalty not exceed- ing Twenty Pounds, or be imprisoned for a term not exceeding three months, with or without hard labor: Provided, however, that for the purposes of this section attending at or near the house or place where a person resides or morlis or carries on business or	happens to be on the approach to such house or place with the	object merely of obtaining or giving information shall not be deemed
to be a watching or besetting within the meaning of this Act: And provided further that nothing in this section contained shall be deemed to repeal Sections 323 and 324 of the Criminal Law Conso- lidation Act, 1876, or either of them,
8. All informations in respect of any offcnces under this Act may be heard and determined in a sun~marv manner before an;. two Procedure beft,re Court of sumrnav

jur'sdiction.

Justices, and all proceedings upon such informatim~s shall bk con- ducted as appoi~ted by the Ordinancc So. 6 of lF50, intituled '' An Ordinance to facilitate the performance of the duties of Justices of the Peace, out of Sessions, with respect to eummary convictions and orders :" Provided that upon the hearing of any such information the person accwed may, on appearing before the Justices, declare that

he

' Conspiracy and Prntectiops of Pmperty 1Qat.-1878.

hs otsjeots te being triad font suoh offmce in a summary way, and thereupon the Justices shall dm1 with the wlie in dl respects as if the accused were charged with' an indictable offence, and the offence may be proecuted in the Supreme Comt a~cordingly,

Appeal. 9. There shall be an appeal from any order or conviction of

Juatices under this Act, which appeal shall be to the Adelaide Local Court of Full Jurisdiction oi~ly, a d the proceedings on such appeal shall be conducted in manner appointed bp the said Ordinance No. 6 of 1850 ; but the said Local Court may make such order ae to the payment of costs of appeal as they shall think fit, although such costs of appeal may exceed Ten Pounds.

8nl*@ d m e a s h	10, Nothing in this Act contained shall apply to	seamen or	ap-
aca nrvioe.

prentices to the sea service.

In the name and on behalf of Her Majesty, I. hereby assent to

this Bill.

WM. F. DRUMMOND JERVQIS, Governor.

Adeelaide : By authority, E, SPILLER, Acting Oo~arnmmt; Printcvrj North-terrace.