S. 42.

See 18 & 19 Vict. c. 63, s. 25.

any such liability, penalty, forfeiture, or punishment as aforesaid.

Repealed by 46-7 V. 39, 1 (the Statute Law Revision Act, 1883). The proviso in sect. 1 prevents the Act (32-3 V. 61) repealed by this section (24), reviving.

That Act was by sect. 2 to expire on August 31st, 1870; it was continued in force by 33-4 V. 10, 3, till at least August 31st, 1871, by which time this Act had repealed it.

SCHEDULES.

FIRST SCHEDULE.

Of Matters to be provided for by the Rules of Trade Unions
Registered under this Act.

1. The name of the trade union and place of meeting for the business of the trade union.

2. The whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such trade union.

3. The manner of making, altering, amending, and rescinding rules.

4. A provision for the appointment and removal of a general committee of management, of a trustee or trustees, treasurer, and other officers.

5. A provision for the investment of the funds, and for an annual or periodical audit of accounts.

6. The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union.

“Rules.” In case of doubt as to the meaning of rules, application may be made to the Court to determine the construction.

This was the case In re Durham Miners' Association; Watson v. Cann (17 T. L. R. 39) in 1900. "The rules of a trade union, the management of which was vested in a council, under whom an executive committee acted, provided that no lodge was to give notice of a strike until its case had been laid before a council or committee meeting for their approval; and that any lodge, or number of men in a

UNIV. OF CALIFORNIA

THE TRADE UNION ACT, 1871.

lodge, ceasing work without the approval of either the committee or council should forfeit all claims on the union. A number of men in a lodge ceased work on account of a dispute with their employer without having laid their case before the council or the committee for their approval. The executive committee refused to grant strike pay, but the council on appeal allowed it." Upon a summons taken out by the trustees, Cozens-Hardy, J. held that the resolution of the council was ultra vires (and, therefore, the treasurer could not properly pay the sums in question), and the Court of Appeal (Rigby, Vaughan Williams, and Romer, L. JJ.) confirmed this view. See Introduction, p. 19.

SECOND SCHEDULE.

S. 1.

101

TRADE UNION ACT (1871) AMENDMENT
ACT, 1876.

39 & 40 VICT. C. 22.

An Act to amend the Trade Union Act, 1871.

[30th June, 1876.

tion and

1. This Act and the Trade Union Act, 1871, Construcherein-after termed the principal Act, shall be short title. construed as one Act, and may be cited together as the "Trade Union Acts, 1871 and 1876," and this Act may be cited separately as the "Trade Union Act Amendment Act, 1876."

See p. 48.

OMIA OL

AIMBOTILIAD

102

Ss. 2, 3, 4. Trade

TRADE UNION ACT (1871) AMENDMENT ACT, 1876.

2. Notwithstanding anything in section five of unions to be the principal Act contained, a trade union, whether

within 3. 28

Societies

Act, 1875.

of Friendly registered or unregistered, which insures or pays money on the death of a child under ten years of age shall be deemed to be within the provisions of section twenty-eight of the Friendly Societies Act, 1875. See p. 66.

Amendment

of s. 8 of principal Act.

Provision in cases of ab

trustee.

3. Whereas by section eight of the principal Act it is enacted that "the real or personal estate of any branch of a trade union shall be vested in the trustees of such branch": The said section shall be read and construed as if immediately after the herein-before recited words there were inserted the words "or of the trustees of the trade union, if the rules of the trade union so provide."

See p. 75.

4. When any person, being or having been a sence, &c. of trustee of a trade union or of any branch of a trade union, and whether appointed before or after the legal establishment thereof, in whose name any stock belonging to such union or branch transferable at the Bank of England or Bank of Ireland is standing, either jointly with another or others, or solely, is absent from Great Britain or Ireland respectively, or becomes bankrupt, or files any petition, or executes any deed for liquidation of his affairs by assignment or arrangement, or for composition with his creditors, or becomes a lunatic, or is dead, or has been removed from his office of

trustee, or if it be unknown whether such person Ss. 4, 5. is living or dead, the registrar, on application in writing from the secretary and three members of the union or branch, and on proof satisfactory to him, may direct the transfer of the stock into the names of any other persons as trustees for the union or branch; and such transfer shall be made by the surviving or continuing trustees, and if there be no such trustee, or if such trustees refuse or be unable to make such transfer, and the registrar so direct, then by the Accountant-General or Deputy or Assistant Accountant-General of the Bank of England or Bank of Ireland, as the case may be; and the Governors and Companies of the Bank of England and Bank of Ireland respectively are hereby indemnified for anything done by them or any of their officers in pursuance of this provision against any claim or demand of any person injuriously affected thereby.

"The legal establishment thereof "the registration thereof, according to law. See p. 70.

in offences.

5. The jurisdiction conferred in the case of Jurisdiction certain offences by section twelve of the principal Act upon the court of summary jurisdiction for the place in which the registered office of a trade union is situate may be exercised either by that court or by the court of summary jurisdiction for the place where the offence has been committed.

See p. 86.

Ss. 6, 7. 6. Trade unions carrying or intending to carry Registry of on business in more than one country shall be

unions doing

more than

business in registered in the country in which their registered one country. office is situate; but copies of the rules of such

Life Assurance Com

unions, and of all amendments of the same, shall, when registered, be sent to the registrar of each of the other countries, to be recorded by him, and until such rules be so recorded the union shall not be entitled to any of the privileges of this Act or the principal Act, in the country in which such rules have not been recorded, and until such amendments of rules be recorded the same shall not take effect in such country.

In this section "country

Scotland, or Ireland.

'country" means England,

7. Whereas by the "Life Assurance Companies panies Acts Act, 1870," it is provided that the said Act shall

not to apply

to registered not apply to societies registered under the Acts

unions.

relating to Friendly Societies: The said Act (or the amending Acts) shall not apply nor be deemed to have applied to trade unions registered or to be registered under the principal Act.

66

The Act of 1870 (33-4 V. 61) applies to unregistered trade unions which come within the meaning of " company as there defined (sect. 2), viz., " any person or persons, corporate or unincorporate, not being registered under the Acts relating to friendly societies, who issue or are liable under policies of assurance upon human life within the United Kingdom, or who grant annuities upon human life within the United Kingdom."