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c. 31.

34 & 35 Vict. restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

Sect. 3.

Sect. 4.

Sect. 5.

Trade Union not unlawful for Civil Purposes.] Sect. 3. “The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust."

Trade Union Contracts, when not enforceable.] Sect. 4. "Nothing in this act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely,

1. Any agreement between members of a trade union as such concerning the conditions on which any members for the time being of such trade union shall or shall not sell their goods, transact business, employ, or be employed:

2. Any agreement for the payment by any person of any subscription or penalty to a trade union:

3. Any agreement for the application of the funds of a trade union,

(a.) To provide benefits to members; or,

(b.) To furnish contributions to any employer or workman not a member of such trade union, in consideration of such employer or workman acting in conformity with the rules or resolutions of such trade union; or, (c.) To discharge any fine imposed upon any person by sentence of a court of justice; or,

4. Any agreement made between one trade union and another;

or

5. Any bond to secure the performance of any of the above

mentioned agreements.

But nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful."

Provisions of 18 & 19 Vict. c. 63; 30 & 31 Vict. c. 117; 25 & 26 Vict. c. 89, &c., not to apply to Trade Unions.] Sect. 5. The following acts, that is to say,

(1.) The Friendly Societies Acts, 1855 and 1858,' and the acts amending the same;

(2.) · The Industrial and Provident Societies Act, 1867,' and any act amending the same; and

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(3.) The Companies Acts, 1862 and 1867,'

shall not apply to any trade union, and the registration of any trade union under any of the said acts shall be void, and the deposit of the rules of any trade union made under 'The Friendly Societies Acts, 1855 and 1858,' and the acts amending the same, before the passing of this act, shall cease to be of any effect.”

II. Registered Trade Unions.

Registry of Trade Unions.] Sect. 6. " Any seven or more mem- 34 & 35 Vict. bers of a trade union may by subscribing their names to the rules c. 31. of the union, and otherwise complying with the provisions of this Sect. 6. act with respect to registry, register such trade union under this act, provided that if any one of the purposes of such trade union be unlawful such registration shall be void."

Buildings for Trade Unions may be purchased or leased.] Sect. 7. Sect. 7. "It shall be lawful for any trade union registered under this act to purchase or take upon lease in the names of the trustees for the time being of such union any land not exceeding one acre, and to sell, exchange, mortgage, or let the same, and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire whether the trustees have authority for any sale, exchange, mortgage, or letting, and the receipt of the trustees shall be a discharge for the money arising therefrom;-and for the purpose of this section every branch of a trade union shall be considered a distinct union." Property of the Trade Unions vested in Trustees.] Sect. 8. "All Sect. 8. real and personal estate whatsoever belonging to any trade union registered under this act shall be vested in the trustees for the time being of the trade union appointed as provided by this act, for the use and benefit of such trade union and the members thereof, and the real or personal estate of any branch of a trade union shall be vested in the trustees of such branch, and be under the control of such trustees, their respective executors or administrators, according to their respective claims and interests, and upon the death or removal of any such trustees the same shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland, which shall be transferred into the names of such new trustees;-and in all actions, or suits, or indictments, or summary proceedings before any court of summary jurisdiction, touching or concerning any such property, the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of such trade union, without any further description."

Actions, &c. by or against Trustees, &c.] Sect. 9. "The trustees Sect. 9. of any trade union registered under this act, or any other officer of such trade union who may be authorized so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, suit, prosecution, or complaint in any court of law or equity, touching or concerning the property, right, or claim to property of the trade union; and shall and may, in all

c. 31.

34 & 35 Vict. cases concerning the real or personal property of such trade union, sue and be sued, plead and be impleaded, in any court of law or equity, in their proper names, without other description than the title of their office;—and no such action, suit, prosecution, or complaint shall be discontinued or shall abate by the death or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death, resignation, or removal had not taken place;—and such successor shall pay or receive the like costs as if the action, suit, prosecution, or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union, and the summons to be issued to such trustee or other officer may be served by leaving the same at the registered office of the trade union."

Sect. 10.

Sect. 11.

Limitation of Responsibility of Trustees.] Sect. 10. "A trustee of any trade union registered under this act shall not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for the moneys which shall be actually received by him on account of such trade union."

Treasurers, &c. to account.] Sect. 11. "Every treasurer or other officer of a trade union registered under this act, at such times as by the rules of such trade union he should render such account as hereinafter mentioned, or upon being required so to do, shall render to the trustees of the trade union, or to the members of such trade union, at a meeting of the trade union, a just and true account of all moneys received and paid by him since he last rendered the like account and of the balance then remaining in his hands, and of all bonds or securities of such trade union, which account the said trustees shall cause to be audited by some fit and proper person or persons by them to be appointed; and such treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him, and shall also, if required, hand over to such trustees all securities and effects, books, papers, and property of the said trade union in his hands or custody;-and if he fail to do so the trustees of the said trade union may sue such treasurer in any competent court for the balance appearing to have been due from him upon the account last rendered by him, and for all the moneys since received by him on account of the said trade union, and for the securities and effects, books, papers, and property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of the said trade union;-and in such action the said trustees shall be entitled to recover their full costs of suit, to be taxed as between attorney and client."

III. Registry of Trade Union.

Regulations for Registry.] Sect. 13. "With respect to the registry, 34 & 35 Vict. under this act, of a trade union, and of the rules thereof, the follow- c. 31. Sect. 13. ing provisions shall have effect:

(1.) An application to register the trade union and printed
copies of the rules, together with a list of the titles and
names of the officers, shall be sent to the registrar under
this act [i. e. the registrar of friendly societies, s. 17]:
(2.) The registrar, upon being satisfied that the trade union has
complied with the regulations respecting registry in force.
under this act, shall register such trade union and such
rules:

(3.) No trade union shall be registered under a name identical
with that by which any other existing trade union has been
registered, or so nearly resembling such name as to be
likely to deceive the members of the public:

(4.) Where a trade union applying to be registered has been in
operation for more than a year before the date of such
application, there shall be delivered to the registrar before
the registry thereof a general statement of the receipt,
funds, effects, and expenditure of such trade union in the
same form, and showing the same particulars as if it were
the annual general statement required as hereinafter men-
tioned to be transmitted annually to the registrar:
(5.) The registrar upon registering such trade union shall issue a
certificate of registry, which certificate, unless proved to
have been withdrawn or cancelled, shall be conclusive evi-
dence that the regulations of this act with respect to
registry have been complied with :

(6.) One of her Majesty's principal secretaries of state may from
time to time make regulations respecting registry under
this act, and respecting the seal (if any) to be used for the
purposes of such registry, and the forms to be used for
such registry, and the inspection of documents kept by the
registrar under this act, and respecting the fees, if any, to
be paid on registry, not exceeding the fees specified in
the second schedule to this act, 193 and generally for
carrying this act into effect.'

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34 & 35 Vict. c. 31.

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

33 & 34 Vict. c. 78.

Rules of Registered Trade Unions.] Sect. 14. "With respect to the rules of a trade union registered under this act, the following provisions shall have effect:

(1.) The rules of every such trade union shall contain provisions in respect of the several matters mentioned in the first schedule to this act:

(2.) A copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding one shilling." [Circulating false copies of the rules, &c. is an indictable misdemeanor by sect. 18; see Offences 501, 302, ante, p. 1178.]

The first schedule here referred to is as follows:

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.

TRAMWAYS.

By "The Tramways Act, 1870," 33 & 34 Vict. c. 78, the application and extent of which is shown in Note 454, Vol. I. pp. 780, 781, the following matters are determinable before justices:

Disputes as to Amount of Toll.] By sect. 39, "If any dispute arise concerning the amount of tolls due to the promoters or to their lessees from any licensee, or concerning the charges occasioned by any detention or sale of any carriage under the provisions herein contained, the same shall be settled in England by two justices ,--and it shall be lawful for the promoters or their lessees in the meanwhile to detain the carriage, or (if the case so require) the proceeds of the sale thereof."

To ascertain Amount due from Licensee for Damage by their Servants.] By sect. 40, "Every licensee shall be answerable for any

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