s. 11 (6). See also s.

Act in the country in which such rules have not been A.D. 1876. recorded, and until such amendments of rules be recorded the same shall not take effect in such country. In this section "country" means England, Scotland, or 13, page Ireland.

100.

§ VII. Whereas by the "Life Assurance Companies Life AssurAct, 1870," it is provided that the said Act shall not apply ance Companies Acts to societies registered under the Acts relating to friendly not to societies: The said Act (or the amending Acts) shall not apply to registered apply nor be deemed to have applied to trade unions regis- unions. tered or to be registered under the principal Act.

See Life
Assurance

s. 2.

With

§ VIII. No certificate of registration of a trade union Companies shall be withdrawn or cancelled otherwise than by the chief Act, 1870, registrar of friendly societies or in the case of trade unions registered and doing business exclusively in Scotland or drawal 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 s. 6 of the Trade Union Act (1871), or that such trade union has wilfully and after notice from a registrar whom it may concern 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 proposed withdrawal or cancelling of certificate (unless where the same is shewn 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be given by the chief or assistant registrar to a trade union before the certificate of registration of the same can be withdrawn or cancelled except at its request.

A trade union whose certificate of registration has been withdrawn or cancelled shall from the time of such withdrawal or cancelling absolutely cease to enjoy as such the privileges of a registered trade union, but without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

cancelling of certifi

cate.

A.D. 1876. 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.

Membership of minors.

Nomination. See s. 5, page 96 ante.

Change of

name.

§ IX. 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.

§ X.-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 £50* 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.

§ XI.-A trade union may, with the approval in writing of the chief registrar of friendly societies, or in the case of trade unions registered and doing business exclusively in Scotland or Ireland, of the assistant registrar for Scotland or Ireland respectively, change its name by the consent of not less than two-thirds of the total number of members.

No change of name shall affect any right or obligation of the trade union or of any member thereof, and any pending legal proceedings may be continued by or against the trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union notwithstanding its new name.

* Extended to £100 by the Provident Nominations and Small Intestacies Act, 1883.

Amalgama

§ XII.-Any two or more trade unions may, by the A.D. 1876. consent of not less than two-thirds of the members of each or every such trade union, become amalgamated together tion. as one trade union, with or without any dissolution or division of the funds of such trade unions, or either or any of them; but no amalgamation shall prejudice any right of a creditor of either or any union party thereto.

tions.

§ XIII.-Notice in writing of every change of name or Registraamalgamation signed, in the case of a change of name, by tion of changes of seven members, and countersigned by the secretary of the names and trade union changing its name, and accompanied by a amalgamastatutory declaration by such secretary that the provisions of this Act in respect of changes of name have been complied with, and in the case of an amalgamation signed by seven members and countersigned by the secretary of each or every union party thereto, and accompanied by a statutory declaration by each or every such secretary that the provisions of this Act in respect of amalgamations have been complied with, shall be sent to the central office established by the Friendly Societies Act, 1875, and registered there, and until such change of name amalgamation is so registered the same shall not take effect.

or

§ XIV. The rules of every trade union shall provide Dissolution for the manner of dissolving the same, and notice of every dissolution of a trade union under the hand of the secretary, and seven members of the same, shall be sent within fourteen days thereafter to the central office herein before mentioned, or, in the case of trade unions registered and doing business exclusively in Scotland or Ireland, to the assistant registrar for Scotland or Ireland respectively, and shall be registered by them. Provided that the rules of any trade union registered before the passing of this Act shall not be invalidated by the absence of a provision for dissolution.

failure to give notice.

§ XV.-A trade union which fails to give any notice or Penalty for send any document which it is required by this Act to give or send, and every officer or other person bound by the rules thereof to give or send the same, or if there be no such officer, then every member of the committee of

A.D. 1876. management of the union, unless proved to have been ignorant of, or to have attempted to prevent the omission

to give or send the same, is liable to a penalty of not less than £1 and not more than £5, recoverable at the suit of the chief or any assistant registrar of friendly societies, or of any person aggrieved; and to an additional penalty of the like amount for each week during which the omission continues.

§ XVI. So much of s. 23 of the principal Act as defines the term trade union, except the proviso qualifying such definition, is hereby repealed, and in lieu thereof be it enacted as follows:

The term "trade union" means any 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, whether such combination would or would not, if the principal Act had not been 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.

NOTE.-See Regulations and complete set of forms now in use, next chapter, Chap. IX.

CHAPTER IX.

REGULATIONS AND FORMS, UNDER THE TRADE UNION ACTS, 1871 AND 1876.

In pursuance of the powers vested in the Home Secretary by the above-mentioned statutes, the Right Honourable Richard Assheton Cross, one of Her Majesty's Principal Secretaries of State, revoked the Regulations made by the Right Honourable H. A. Bruce on the 8th December, 1871, and the Right Honourable R. Lowe on the 18th August, 1873, and made the following Regulations in lieu thereof.

(1.) In the following Regulations and Forms the terms "Chief Registrar" and "Assistant Registrar" mean respectively the chief registrar and assistant registrar of friendly societies, and the term "Central Office" means the central office established under the Friendly Societies Act, 1875.

(2.) The registrar shall not register a trade union under a name identical with that of any other existing trade union known to him, whether registered or not registered, or so nearly resembling such name as to be likely to deceive the members or the public.

(3.) Upon an application for the registration of a trade union which is already in operation, the registrar, if he has reason to believe that the applicants have not been duly authorised by such trade union to make the same, may, for the purpose of ascertaining the fact, require from the applicants such evidence as may seem to him necessary. (4.) Application for registry of a trade union shall be made in Form A.* subjoined to these Regulations, and * See p. 120.

I