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

not to apply

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.

country" means England,

In this section "country"
Scotland, or Ireland.

7. Whereas by the "Life Assurance Companies

panies Acts Act, 1870," it is provided that the said Act shall 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

as

The Act of 1870 (33-4 V. 61) applies to unregistered trade unions which come within the meaning of "company 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."

S. 8.

or cancelling of certifi

cate.

8. No certificate of registration of a trade union shall be withdrawn or cancelled otherwise than by the Withdrawal chief registrar of Friendly Societies, or in the case of trade unions registered and doing business exclusively in Scotland or Ireland, by the assistant registrar for Scotland or Ireland, and in the following cases: (1.) At the request of the trade union to be

evidenced in such manner as such chief or

assistant registrar shall from time to time
direct:

(2.) On proof to his satisfaction that a certificate
of registration has been obtained by fraud.
or mistake, or that the registration of the
trade union has become void under section
six of the Trade Union Act, 1871, or that
such trade union has wilfully and after
notice from a registrar whom it may con-
cern, violated any of the provisions of the

Trade Union Acts, or has ceased to exist.

Not less than two months previous notice in writing, specifying briefly the ground of any proposal withdrawal or cancelling of certificate (unless where the same is shown to have become void as aforesaid, in which case it shall be the duty of the chief or assistant registrar to cancel the same forthwith) shall be given by the chief or assistant registrar to a trade union before the certificate of registration of the same can be withdrawn or cancelled (except at its request).

Ss. 8, 9, 10.

Membership of minors.

Nomination.

A trade union whose certificate of registration has been withdrawn or cancelled shall, from the time of such withdrawal or cancelling, absolutely cease to enjoy as such the privileges of a registered trade union, but without prejudice to any liability actually incurred by such trade union, which may be enforced against the same as if such withdrawal or cancelling had not taken place.

See p. 89.

"And in the following cases," an ungrammatical phrase for " and except in the following cases."

9. A person under the age of twenty-one, but above the age of sixteen, may be a member of a trade union, unless provision be made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee of management, trustee, or treasurer of the trade union.

10. A member of a trade union not being under the age of sixteen years may, by writing under his hand, delivered at, or sent to, the registered office. of the trade union, nominate any person not being an officer or servant of the trade union (unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew, or niece of

the nominator), to whom any moneys payable on the death of such member not exceeding fifty pounds shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator, the trade union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid.

"Fifty pounds.” "One hundred pounds " must be read, by 46-7 V. 47, 3.

This section will not be enforced by a court of law owing to sect. 4 of the Act of 1871 (Crocker v. Knight, (1892) 1 Q. B. 702). See p. 56. In that case the plaintiff was the executrix of the deceased member who had nominated her to receive the funeral money, due under the rules of the society to his nominee. The branch disputed her claim, and she brought an action in the County Court against the union by its secretary. It was there admitted that the deceased had been a member, and that £12 was the amount due, if any. thing. The County Court Judge overruled the objection that sect. 4, 3 (a) of the Act of 1871 prevented the Court having jurisdiction to entertain the action. Charles, J., refused the defendant a writ of prohibition to restrain all proceedings, but a Divisional Court (Lawrance and Wright, JJ.) set aside that order, and granted the writ prayed for. The plaintiff appealed, but the Court of Appeal (Lindley and Kay, L. JJ.) upheld the Divisional Court. "The question is," said Lindley, L. J., "whether the words 'the trade union shall pay' ' constitute an obligation which can be enforced by action. Now, I think the object of this section was not to depart from the policy of the earlier Act, but was entirely different, namely, to enable persons of sixteen years of age and upwards, without the necessity of making a will and incurring the expense of probate, to give away any small

S. 10.