and I. J., carrying on business as (stating the business) and obstruct them in the business of their lawful calling and business, did on the day of conspire to molest and obstruct the said G. H. and I. J., then being such (stating the business), in their lawful calling, by watching and besetting the house where the said G. H. and I. J. carried on their said business, situate as aforesaid, with a view to cause them to dismiss and cease to employ divers workmen, to wit (naming them).

Second count. that the said A. B., C. D., and E. F., unlawfully contriving and intending to injure and aggrieve the workmen then being employed by the said G. H. and I. J., and obstruct them in the pursuit of their lawful calling, unlawfully did on the day and at the place aforesaid conspire to molest and obstruct K. L. and other workmen in their lawful calling, by watching and besetting the house and place of business situate as aforesaid wherein the said G. H. and I. J. then carried on their said business, wherein the said K. L. and other workmen happened to be, with a view to coerce the said K. L. and other workmen, and induce them to quit their said employment.

INTIMIDATION OF WORKMEN.

Indictment.

that heretofore, before and at the time of committing the offence hereinafter in this count mentioned, A. B. carried on trade and business as a (stating

in the county of

day of

his trade) at and that C. D. and E. F. were workmen, and were hired and employed by and worked as workmen for the said A. B. in his said trade and business. And the jurors aforesaid do further present that (naming all the defendants) on the did unlawfully by threats and intimidation endeavour to force one C. D. and E. F., then being workmen hired and employed by and working for the said A. B. in his said trade and business as aforesaid, to depart from their said hiring, employment and work.

Second count. and the jurors aforesaid, do further present that heretofore and at the time of the committing the offence hereinafter in this count mentioned the said A. B. carried on his said trade and business (state his trade) aforesaid, in the county aforesaid, and that the said C. D. and E. F. were workmen, and were hired and employed by and worked as workmen for the said A. B. in his said trade and business as aforesaid. And the jurors aforesaid, do further present that the said (naming the defendants) on the day and year aforesaid, did by unlawfully molesting and obstructing the said C. D. and E. F., endeavour to force the said C. D. and E. F., so being such workmen hired and employed by and working for the said A. B., in his said trade and business as aforesaid, to depart from their said hiring, employment, and work.

In a conviction for following in a disorderly manner with a view to compel any other person to abstain from doing any act which he has a legal right to do, the acts which the defendant attempted to obstruct must be specified: R. v. McKenzie, [1892] 2 Q. B. 519, 17 Cox, 542.

INTIMIDATION-ASSAULT.

524. Every one is guilty of an indictable offence and liable to two years imprisonment who, in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or of any unlawful combination or conspiracy respecting any trade, business or manufacture, or respecting any person concerned or employed therein, unlawfully assaults any person, or, in pursuance of any such combination or conspiracy, uses any violence or threat of violence to any person with a view to hinder him from working or being employed at such trade, business or manufacture. R. S. C. c. 173, s. 9.

Fine, s. 958.

The words in italics are not in the English Act, 24 & 25 V. c. 100, s. 41, from which the enactment was first re-produced in Canada. They cover any violence or threat of violence with a view to hinder any person from working or being employed at a trade, business or manufacture, in pursuance of a combination or conspiracy respecting such trade, business or manufacture.

CRIM, LAW-38

Indictment for an assault in pursuance of a conspiracy to raise wages.— that J. S., J. W., and E. W., on did amongst themselves conspire, combine, confederate, and agree together to raise the rate of wages then usually paid to workmen and labourers in the art, mystery and business of cotton spinners; and that the said (defendants) in pursuance of the said conspiracy, on the day and year aforesaid, in and upon one J. N., unlawfully did make an assault, and him the said J. N., did then beat, wound and ill-treat, and other wrongs to the said J. N., did, to the great damage of the said J. N. (Add a count stating that the defendants assaulted J. N., "in pursuance of a certain conspiracy before then entered into by the said (defendants) to raise the rate of wages of workmen and labourers in the art, mystery and business of cotton-spinners;" also a count for a common assault.)

For a number of workmen to combine to go in a body to a master and say that they will leave the works, if he does not discharge two fellow workmen in his employ, was an unlawful combination by threats to force the prosecutor to limit the description of his workmen: Walsby v. Anley, 3 E. & E. 516. And a combination to endeavour to force workmen to depart from their work by such a threat as that they would be considered as blacks, and that other workmen would strike against them all over London, was unlawful: In re Perham, 5 H. & N. 30. So also was a combination with a similar object to threaten a workman by saying to him that he must either leave his master's employ, or lose the benefit of belonging to a particular club and have his name sent round all over the country: O'Neill v. Longman, 4 B. & S. 376. But those cases are not now law. An indictment or commitment alleging the offence to be a conspiracy to force workmen to depart from their work by threats need not set out the threats: In re Perham, supra; see ss. 611, 613, post.

See R. v. Rowlands, 2 Den. 364.

INTIMIDATION, ETC., OTHER CASES.

525. Every one is guilty of an indictable offence and liable, on indictment or on summary conviction before two justices of the peace, to a fine not exceeding one hundred dollars, or to three months' imprisonment with or without hard labour, who

(a) beats or uses any violence or threat of violence to any person with intent to deter or hinder him from buying, selling or otherwise disposing of any wheat or other grain, flour, meal, malt or potatoes or other produce or goods, in any market or other place; or

(b) beats or uses any such violence or threat to any person having the charge or care of any wheat or other grain, flour, meal, malt or potatoes, while on the way to or from any city, market, town or other place with intent to stop the conveyance of the same; or

(c) by force or threats of violence, or by any form of intimidation whatso ever, hinders or prevents or attempts to hinder or prevent any seaman, stevedore, ship carpenter, ship labourer or other person employed to work at or on board any ship or vessel or to do any work connected with the loading or unloading thereof, from working at or exercising any lawful trade, business, calling or occupation in or for which he is so employed; or with intent so to hinder or prevent, besets or watches such ship, vessel or employee; or

(d) beats or uses any violence to, or makes any threat of violence against, any such person with intent to hinder or prevent him from working at or exercising the same, or on account of his having worked at or exercised the same. R. S. C. c. 173, s. 10. 50-51 V. c. 49.

526. Every person is guilty of an indictable offence and liable to a fine not exceeding four hundred dollars, or to two years' imprisonment, or to both, who, before or at the time of the public sale of any Indian lands, or public lands of Canada, or of any province of Canada, by intimidation, or illegal combination, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any lands so offered for sale. R. S. C. c. 173, s. 14.

The words in italics in s. 525 are partly additions made to the Revised Statute c. 173, s. 11 by the Act, 50 & 51 V. c. 49. The words "or unfair management" were in the section for which s. 526 is substituted.

PART XL.

ATTEMPTS-CONSPIRACIES-ACCESSORIES.

CONSPIRACIES.

(New).

527. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, in any case not hereinbefore provided for, conspires with any person to commit any indictable offence.

See R. v. Rowlands, 3 Den. 364, and R. v. Whitchurch, 16 Cox, 743, for forms of indictment.

Treasonable conspiracies are provided for by ss. 66 & 69; conspiracies to intimidate a legislature, by s. 70; seditious conspiracies, by s. 123; conspiracies to bring false accusations, by s. 152; conspiracies to defile women, by s. 188; conspiracies to murder, by s. 234; conspiracies to defraud, by s. 394; conspiracies in restraint of trade with assault or threats of violence, by s. 524.

Conspiracies to commit any of the offences which are not triable at quarter sessions are themselves not triable at quarter sessions; s. 540.

The result of this enactment of s. 527 is that, in a number of instances, the conspiracy to commit an offence, whether that offence was committed or not, is more severely punished than the offence itself would be. To obtain passage on a railway by a false ticket for instance, is punishable by six months' (s. 362), but the conspiracy by two. or more persons to do so is punishable by seven years' imprisonment.

Conspiracy is a combination of two or more persons to accomplish some unlawful purpose, or a lawful purpose by unlawful means. This is the definition of conspiracy as given by Lord Denman in R. v. Seward, 1 A. & E. 706; and though questioned by the learned judge himself in R. v. Peck, 9 A. & E. 686, as an antithetical definition, and in R. v. King, 7 Q. B. 782, as not sufficiently compre