S. 23. Definitions. As to "trade union." 23. In this Act Definitions. The term Summary Jurisdiction Acts means as follows: As to England, the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and any Acts amending the same: As to Ireland, within the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district, and elsewhere in Ireland, "The Petty Sessions (Ireland) Act, 1851," and any Act amending the same. In Scotland the term "misdemeanor means a crime and offence. The term "trade union means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, if this Act had not passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade; Provided $s. 23, 24. that this Act shall not affect 1. Any agreement between partners as to 2. Any agreement between an employer and 3. Any agreement in consideration of the Part of this section is repealed by the Act of 1876, s. 16. See p. 111. Repeal. 24. The Trades Unions Funds Protection Act, Repeal of 1869, is hereby repealed. Provided that this repeal shall not affect― Trades tection Act, 1869, as (1.) Anything duly done or suffered under the herein said Act: (2.) Any right or privilege acquired or any liability incurred under the said Act: (3.) Any penalty, forfeiture, or other punishment incurred in respect of any offence against the said Act: (4.) The institution of any investigation or legal proceeding or any other remedy for ascertaining, enforcing, recovering, or imposing stated. S. 42. See 18 & 19 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 Repealed by 46-7 V. 39, 1 (the Statute Law Revision Act, 1883). The proviso in sect. 1 prevents the Act (32-3 V. 61) repealed by this section (24), reviving.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31st, 1870; it was continued in force by 33-4 V. 10, 3, till at least August 31st, 1871, by which time this Act had repealed it.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 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 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. S. 1. TRADE UNION ACT (1871) AMENDMENT 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. Ss. 2, 3, 4. Trade unions to be within s. 28 Societies 2. Notwithstanding anything in section five of the principal Act contained, a trade union, whether 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. Act, 1875. 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 |