The Conspiracy and Protection of Property Act 1875 (
38 & 39 Vict. c. 86) was an
act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
relating to
labour relations
Labour relations in practice is a subarea within human resource management, and the main components of it include collective bargaining, application and oversight of collective agreement obligations, and dispute resolution. Academically, employe ...
, which together with the
Employers and Workmen Act 1875
The Employers and Workmen Act 1875 ( 38 & 39 Vict. c. 90) was an act of the Parliament of the United Kingdom, relating to labour relations, which together with the Conspiracy and Protection of Property Act 1875 ( 38 & 39 Vict. c. 86), fully ...
(
38 & 39 Vict. c. 90), fully
decriminalised the work of
trade union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
s. Based on an extension of the conclusions of the
Cockburn Commission, it was introduced by a
Conservative
Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
government under
Benjamin Disraeli
Benjamin Disraeli, 1st Earl of Beaconsfield (21 December 1804 – 19 April 1881) was a British statesman, Conservative Party (UK), Conservative politician and writer who twice served as Prime Minister of the United Kingdom. He played a ...
.
[Review of Governments, Labour, and the law in mid-Victorian Britain: the trade union legislation of the 1870s](_blank)
, Mark Curthoys
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
Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the pi ...
was decriminalised. The law also made certain forms of
stalking
Stalking is unwanted and/or repeated surveillance or contact by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitorin ...
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
The Criminal Law Amendment Act 1871 (34 & 35 Vict. c. 32) was an Act of Parliament (United Kingdom), act of the Parliament of the United Kingdom passed by William Ewart Gladstone, W. E. Gladstone's Liberal Party (UK), Liberal Government. It was ...
(
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.
Legacy
Sections 6 and 7 of the act were repealed for the
Republic of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
by section 31 of, and the schedule to, the
.
The act has been repealed by part 3 of schedule 1 to the
Statute Law (Repeals) Act 2008
The Statute Law (Repeals) Act 2008 (c. 12) is an act of the Parliament of the United Kingdom which repealed more than 250 acts of Parliament in full, and more than 50 in part.
History
In January 2008 the Law Commission and the Scottish La ...
.
The provisions of the
Conspiracy and Protection of Property Act 1878 (
38 & 39 Vict. c. 86) of
South Australia
South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
, the
Conspiracy and Protection of Property Act 1889 of
Tasmania
Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
, and the
Conspiracy and Protection of Property Act 1900 of
Western Australia
Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
,
[Fleming, John G. The Law of Torts]
3rd Edition
Law Book Company of Australasia. 1965. p 666. were derived from the Conspiracy and Protection of Property Act 1875.
See also
*
Trade Union Act 1871
The Trade Union Act 1871 ( 34 & 35 Vict. c. 31) was an act of the Parliament of the United Kingdom which greatly expanded the rights of trade unions in the United Kingdom, notably giving them the right to strike. This was one of the founding p ...
(
34 & 35 Vict. c. 31
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. Page
37to 58.
{{Authority control
United Kingdom labour law
United Kingdom Acts of Parliament 1875
Repealed United Kingdom Acts of Parliament
Trade union legislation
Criminal law of the United Kingdom
1875 in labor relations