Appendix Ii 305 Ter

act, trade, conspiracy and dispute

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law as to conspiracy has been further changed by this Act. By the common law, any two or more persons who agree together to do an act may render themselves liable for conspiracy or an action for damages, even in cases where the act done by one would not have been a crime or ground of action. But by the Conspiracy and Protection of Property Act, 1875, any two or more persons agreeing to do an act in furtherance or contemplation of a trade dispute are not to be indictable for conspiracy if the act when committed by one would not be a crime. This latter proviso is now extended by the Act of 1906, which enacts that "any act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable." Peaceful picketing.— It is now lawful for one or more persons on their own behalf or for a trade union or individual employer or firm, in contemplation or furtherance of a trade dispute, to attend at or near a place where a person resides, works, carries on business, or happens to be, if for the purpose of peacefully obtaining or com municating information or peacefully persuading any one to work or abstain from working. Breach of contracts.—Any act done in contemplation or further

ance of a trade dispute is not actionable only because it induces some other person to break a contract of employment, or that it is an interference with the trade business or employment of some other person, or his right to dispose of his capital and labour as he wills.

Taff Vale case.—In this case it was decided that actions of tort could be brought against registered trade unions. To meet this decision the present Act provides that an action against a trade union, whether of masters or workmen or any members or officials on behalf of themselves or the other members, for a tort committed by or on behalf of the trade union is not to be entertained by any Court. But it leaves the trade union liable on actions of contract. These provisions prevent actions being brought against trade unions or their officials for conspiracy to induce men to break their contracts or the employers to dismiss workmen ; but serious questions may "se as to the extent of peacefully picketing and when it becomes an unkr. ail act.

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