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See also:CONSPIRACY (from See also:Lat. conspirare, literally to breathe together, to agree, combine, and especially to See also:form a See also:secret See also:plot) , in See also:English See also:law, an agreement between two or more persons to do certain wrongful acts, which may not, however, be punishablewhen committed by a single See also:person, not acting in See also:concert with others . The following are enumerated in See also:text-books as the things, an agreement to do which, made between several persons, constitutes the offence of See also:conspiracy: (1) Falsely to See also:charge another with a See also:crime punishable by law, either from a malicious or vindictive See also:motive or feeling towards the party, or for the purpose of extorting See also:money from him; (2) wrongfully to injure or See also:prejudice a third person or any See also:body of men in any other manner; (3) to commit any offence punishable by law; (4) to do any See also:act with See also:intent to pervert the course of See also:justice; (5) to effect a legal purpose, with a corrupt intent or by improper means; to which are added (6) conspiracies or combinations among workmen to raise See also:wages . The See also:division is not a perfect one, but a few examples under each of the heads will indicate the nature of the offence in English law . First, a conspiracy to charge a See also:man falsely with any See also:felony or See also:misdemeanour is criminal; but an agreement to prosecute a man who is guilty, or against whom there are reasonable grounds for suspicion, is not . Under the second See also:head the text-books give a See also:great variety of examples,—e.g. See also:mock See also:auctions, where sham bidders cause the goods to go off at prices grossly above their See also:worth; a conspiracy to raise the See also:price of goods by spreading false rumours; a conspiracy by persons to cause themselves to be reputed men of See also:property, in See also:order to deceive tradesmen . These examples show how wide the law stretches its conception of criminal agreement . The third head requires no explanation . A conspiracy to See also:murder is expressly made punishable by penal See also:servitude and imprisonment (The Offences against the Person' Act 1861) . A curious example of conspiracy under the See also:fourth head is the See also:case in which several persons were convicted of conspiracy to procure another to rob one of them, so that by convicting the robber they might obtain the See also:reward given in such cases . The See also:combination to effect a lawful purpose with corrupt intent or by improper means is exemplified by agreements to procure See also:seduction, &c . The most important question in the law of conspiracy, apart from the See also:statute law affecting labourers, is how far things which may be lawfully done by individuals can become criminal when done by individuals acting in concert, and some See also:light may be thrown on it by a See also:short statement of the See also:history of the law . In the See also:early See also:period of the law down to the 17th See also:century, conspiracy was defined by the See also:Ordinance of Conspirators of 13o5:—" Conspirators be they that do confedr or bind themselves by See also:oath, See also:covenant, or other See also:alliance, that every of them shall aid the other falsely and maliciously to indite, or cause to indite, or falsely to move or maintain pleas, and also such as cause See also:children within See also:age to See also:appeal men of felony, whereby they are imprisoned and sore grieved, and such as retain men in the See also:country with liveries or fees to maintain their malicious enterprizes, and this extendeth as well to the takers as to the givers." The offence aimed at here is conspiracy to indict or to maintain suits falsely; and it was held that a conspiracy under the act was not See also:complete, unless some suit had been maintained or some person had been falsely indicted and acquitted . A See also:doctrine, however, See also:grew up that the agreement was in itself criminal, although the conspiracy was not actually completed (Poulterer's case, 1611) . This See also:developed into the See also:rule that any agreement to commit a crime might be prosecuted as a conspiracy . A still further development of this doctrine is that a combination might be criminal, although the See also:object apart from combination would not be criminal . The cases bearing on this question will be found arranged under the following heads, and in See also:chronological order, in the Law of Criminal Conspiracies and Agreements, by R . S . See also:Wright (See also:London, 1873): Combinations against See also:government; combinations to defeat or pervert justice; combinations against public morals or decency; combination to defraud; combination to injure otherwise than by See also:fraud; See also:trade combinations . " It is conceived," says the author, " that on a See also:review of all the decisions, there is a great preponderance of authority in favour of the proposition that, as a rule, an agreement or combination is not criminal unless it be for acts or omissions (whether as ends or means) which would be criminal apart from agreement." A dictum of See also:Lord See also:Denman's is often quoted as supplying a See also:definition of conspiracy . It is, he says, either a combination to procure an unlawful object, or to procure a lawful object by unlawful means; but the exact meaning to be given to the word " lawful " in this See also:antithesis has nowhere been precisely stated . A thing may be unlawful in the sense that the law will not aid it, although it may not expressly punish it . The extreme limit of the doctrine is reached in the See also:suggestion that a combination to hiss an actor at a See also:theatre is a punishable conspiracy . The application of the wide conception of conspiracy to trade disputes and to See also:civil questions arising out of contracts for service is dealt with under the headings LABOUR LEGISLATION, STRIKES AND See also:LOCK-OUTS and TRADE UNIONS . The criminal See also:side is regulated by the Conspiracy and See also:Protection to Property Act 1875, which enacted that "an agreement or combination by two or more persons to do, or procure to be done, any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy, if such act committed by one person would not be punishable as a crime .
When a person is convicted of any such agreement or combination to do an act which is punishable only on See also:summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months, or such longer period, if any, as may have been prescribed by the statute for the See also:punishment of the said act when committed by one person." The effect of the act of 1875 in See also:conjunction with the Employers and Workmen Act of the same See also:year is that See also:breach of See also:contract between See also:master and workmen is to be dealt with as a civil and not as a criminal case, with two exceptions
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A person employed on the See also:supply of See also:gas and See also:water, breaking his contract with his employer, and knowing, or having reasonable cause to believe, that the consequence of his doing so, either alone or in combination with others, will be to deprive the inhabitants of the See also:place wholly or to a great extent of their supply of gas or water, shall be liable on conviction to a See also:penalty not exceeding £20, or a See also:term of imprisonment not exceeding three months
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And generally any person wilfully and maliciously breaking a contract of service or See also:hiring, knowing or having reasonable cause to believe that the probable consequences of his so doing either alone or in combination with others will be to endanger human See also:life or cause serious bodily injury, or to expose valuable property whether real or See also:personal to destruction or serious injury, shall be liable to the same penalty
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By See also:section 7 every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority, (1) uses violence to or intimidates such other person, or his wife and children, or injures his property; or (2) persistently follows such other person about from place to place; or (3) 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 (4) watches or besets the See also:house or other place where such other person resides, or See also:works, or carries on business, or happens to be, or the approach to such house or place; or (5) follows such other person with two or more other persons, in a disorderly manner, in or through any See also:street or road, shall be liable to the before-mentioned penalties
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Of course a combination to do any of these acts would be punishable as a conspiracy, as mentioned in section 3 above
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See also:Seamen are expressly exempted from the operation of this act
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The exceptions as to contracts of service for the supply of gas and water, &c., were supported by the circumstances of the London gas stokers' case in 1872
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Conspiracy at See also:common law is a misdemeanour, and the punishment is See also:fine or imprisonment, or both, to which may be added hard labour in the case of any conspiracy to cheat and defraud, or to extort money or goods, or falsely to accuse of any crime, and to obstruct, pervert, prevent or defeat the cause of justice
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Conspiracy to murder, whether the victim be a subject of the See also: 261) . In some states an overt act must be shown (N.Y . See also:Pen . See also:Code, § 171) . This is so in the Federal Courts, United States v . McCord (72 Fed . R . 159) . Conspiracy out of the See also:state to do any act which if done within the state would be See also:treason is punishable by imprisonment not exceeding ten years (ibid . § 169) . The United States Revised Statutes, § 5440, make any conspiracy to commit an act, declared by any law of the United States to be a crime, an offence against the United States, e.g. a conspiracy to See also:plunder a wrecked See also:vessel within the See also:admiralty and maritime See also:jurisdiction of the United States (U.S. v . Sandie, 7 Fed . R . 715), conspiracy to violate the postal See also:laws (Re Renkle [1903] 125 Fed . R . 996), to violate the See also:revenue laws (U.S. v . See also:Cohn [1904] 128 Fed . R . 615) . It is not essential that the object be accomplished (Radford v . U.S . [1904] 129 Fed . R . 49) . A conspiracy to depress the See also:market price of stock by circulating false reports that the See also:company was going into the hands of a receive is indictable under N.Y . Pen . Code, § 168 (People v . See also:Goslin 1901] 67 N.Y . App . D: 16, affirmed 171 N.Y . 627) . |
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