of the trustees is a sufficient discharge for the money arising therefrom.

A registered trade union has power to acquire land by paying for it, but cannot take land by devise. In re Amos, Carrier v. Price, North J. held that the power to purchase or take on lease land, given by section 7 of the 1871 Act to a registered trade union, means a power to acquire property by purchase, or by taking a lease of it. The word "purchase," in that section, does not have the meaning of acquiring otherwise than by descent or escheat.' It would seem that an unregistered trade union apparently is capable of taking land without any such restriction."

A registered trade union is exempt from income under schedules A, C and D where such moneys are applicable and are applied solely for the purpose of provident benefits. Provident benefits include any payment to a member of the union during sickness, while he is out of work, or when he is aged, or any payment for tools or funeral expenses. The exemption only extends to cases where the amount assured by the rules of the union does not exceed £300, or the amount of an annuity granted to any member or his nominee does not exceed £52 per annum.*

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By the Friendly Societies Act, 1896, a registered trade union or its branch may contribute to the funds of, and take part (by delegates or otherwise) in, the government of a society

1 Per North J., in re Amos, Carrier v. Price [1891], 3 Ch. 159, p. 165. 2 Re Amos, Carrier v. Price [1891], 3 Ch. 159. 3 Income Tax Act, 1918, 8 and 9 Geo. V, s. 39 (1) c. 90. 59 and 60 Vict. c. 25.

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which relieves sickness by providing attendance and medicine; though by so doing, it does not become a friendly society. The trade union, if desirous of withdrawing from such society, must give the society three months' notice and pay all contributions due at the end of that period, to the medical society. The contributing trade unions or branches do not become members or branches of the society to which they contribute. A dispute between a trade union and such a society cannot be referred to arbitration under the rules of the latter.*

A member of a registered trade union, not being under the age of sixteen years, may, by writing under his hand, delivered at, or sent to, the office of the trade union, nominate any person not being an officer or servant of the trade union (except the husband, wife, father, mother, child, brother, sister, nephew, or niece of the nominator), to whom any moneys (not exceeding 100) payable on the death of such member shall be paid at his decease.* Such nomination may be partly printed, and, if made in a book kept at the office, is deemed to be delivered at such office."

If a member of a registered trade union, who is entitled from the funds thereof to a sum not exceeding 100, dies intestate, without leaving any subsisting nomination at the time of his death, such sum is nevertheless payable, without letters of administration. The person to whom this sum is to be paid, is the person who appears to a

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1 59 and 60 Vict., c. 25, s. 22 (2), (3). 2 Snell v. Vine (1890), F. S. Cas. 313. (1876) 39 and 40 Vict., c. 22, s. 10; (1883) 46 and 47 Vict., c. 47, s. 3. (1883) 46 and 47 Vict., c. 47, s. 4.

majority of the trustees, upon evidence deemed satisfactory by them, to be entitled by law to receive it.'

If a member of a registered trade union, not being under the age of sixteen years, is illegitimate and has died intestate, without leaving any such nomination, the trustees may pay the sum which such member may die possessed of to the person or persons who, in the opinion of the majority of such trustees, would have been entitled thereto, if such member had been legitimate. If there be no such persons, the deposit must be dealt with as the Treasury may direct.

All payments made by trustees under these powers are valid against persons claiming as nextof-kin or representative of the deceased. But such next-of-kin or representative may recover money paid by the trustees from the recipients.

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In Crocker v. Knight, it was held by the Court of Appeal that section of the 1871 Act prevents the Court from entertaining legal proceedings to enforce the foregoing provisions as to nomination. The plaintiff, the widow of a member of a registered trade union, had been nominated by her husband to receive his funeral money from the society.

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1 (1883) 46 and 47 Vict., c. 47, 8, 7. 2 [1892] I Q.B. 702.

LECTURE IV.-CONTRACT.

§ 1. PROCEDUral.

A trade union is a voluntary association whose objects are frequently unlawful at common law as being in restraint of trade. This illegality is, in part, removed by sections 2 and 3 of the Trade Union Act, 1871, and, therefore, in considering the contractual position of trade unions, we may take our start from a consideration of voluntary associations generally, and ignore, for the time being, the peculiar elements of common law unlawfulness in a trade union.

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We know how vacillating and ambiguous has been the recognition of unincorporated associations by the law. They are recognized by taxing statutes, but the common law hesitates to accept them. There must be a "person" or "body politique or corporate or corporate" for a common law prescription.' Custom "serveth for them who cannot prescribe in their own name," but the body claiming may be too vague to be thus helped.*

The case of In re Amos, Carrier v. Price,' in which land was devised to a trade union, shows that, notwithstanding the power to purchase land given to a registered trade union under the Trade Union Act, 1871, a trade union still suffers from 1 E.g., 10 Edw. 7 c. 8, s. 6, etc. 2 Co. Litt. 1136. Greenwood's Case, 6 Rep. 5, 9b. Selby v. Robinson (1788), 2 Term. Rep. 758. [1891] 3 Ch.

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159.

incapacity of a non-charitable unincorporated association of an uncertain number of persons to acquire land by devise, although, where the devise is not of land, and is not a charity, it may be good, and treated as a bequest to the several members of the association, who can spend the money as they please.'

It will be found that the whole legal position of a voluntary association centres round the fact that it is possessed of some property or patrimonial interests. In itself it lacks that inherent status which attaches to an individual or a corporation.

So far as a registered trade union is concerned, the 1871 Act, by section eight, provides that all real and personal estate whatsoever belonging to a trade union, registered under the Act, shall be vested in trustees for the time being for the use and benefit of the members thereof, and the real and personal estate of any branch shall be similarly vested in the trustees of the branch; the Act of 1876 provides, by way of amendment, in section 3, that the rules of a trade union may provide that the property of a branch be vested in the trustees of the union. Section 9 of the 1871 Act proceeds to provide that such trustees or any other officer authorized to do so may sue and be sued in all cases touching the real and personal property of the union.

I have been unable to find any case, before 1871, in which a trade union has been party to proceedings in contract, and, even since that time, the actions which have been brought have nearly all

1 In re Clarke [1901], 2 Ch. 110.