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34 & 35 Vict. cases concerning the real or personal property of such trade union, c. 31.
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. 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." Sect. 1!. Treasurers, &c. to account.] Sect. 11. “Every treasurer or other
officer of a trade union registered under this act, at such tiines 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 persoas 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
this act [i. e. the registrar of friendly societies, s. 17]:
complied with the regulations respecting registry in force
with that by which any other existing trade union has been
likely to deceive the members of the public:
operation for more than a year before the date of such
tioned to be transmitted annually to the registrar:
certificate of registry, which certificate, unless proved to
registry have been complied with :
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.”
193 The second schedule is as follows:
£ $. d.
34 & 35 Vict. e. 31.
See 18 & 19 Vict. c. 63, S. 25.
Rules of Pregistered 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 sereral matters mentioned in the first
schedule to this act: (2.) A copy of the rules shall be delivered by the trade union to
erery 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, 502, 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.
33 & 34 Vict. c. 78.
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 Ser. vants.] By sect. 40, “ Every licensee shall be answerable for any trespass or damage done by his carriages or horses, or by any of the 33 & 34 Vict. servants or persons employed by him, to or upon the tramway, or to c. 78. or upon the property of any other person, and, without prejudice to the right of action against the licensee or any other person, every such servant or other person may lawfully be convicted of ich trespass or damage in England before two justices .
either by the confession of the party offending or by the oath of some credible witness ;-and upon such conviction every such licensee shall
pay to the promoters, lessees, or persons injured, as the case may be, the damage, to be ascertained by such justices, so that the same do not exceed fifty pounds."
TURNPIKE ROADS. 194 Recovery of Possession of Toll Houses.] By 4 Geo. 4, c. 95, s. 49, 4 Geo. 4, on the death, discharge or absconding of any collector or receiver c. 95. of tolls, or his wife, widow or children, refusing to quit for three days after demand in writing, one justice may by warrant order a constable to remove the persons from the toll house or building, or weighing machine, and their goods, and put the trustees or their officer in possession. [Forms 1–3, pp. 967, 968, Oke's “ Formulist,” 6th ed.] Sect. 59 is a similar clause in reference to lessees of tolls refusing to perform their agreement or pay rent, or lease becoming void.
Officer not Accounting.] Officers appointed by trustees to account 4 Geo. 4, c. 95, for monies received and paid, and on refusal or neglect to deliver s. 47; 9 Geo. 4,
c. 77, s. 14. up accounts, vouchers, &c., within ten days after being required, one justice on complaint may summon such officer, and hear and determine the matter in a summary way ;-and if any
monies shall be in the hands of such officer, the same may be levied by distress and sale of the goods of such officer, and if no distress, or he should not appear, or appearing shall refuse or neglect to give or to deliver to such justice an account of his receipts and payments, and all vouchers, books, &c., such justices may and shall commit him to the common gaol or house of correction until he shall have paid or compounded with the trustees for the monies so received ;-or, if committed for not delivering up accounts, books, &c., then until he shall have so delivered the same, or otherwise satisfied the trustees; but if committed for want of distress, then to be detained for no longer than six calendar months. [Forms of Complaint, Distress Warrant, Commitments, &c., Nos. 4–9, Oke's “ Formulist,” pp. 968, 969, 6th ed.]
194 In South Wales, the turnpike roads are managed by county roads boards under the acts 7 & 8 Vict. c. 91 ; 8 & 9 Vict. c. 61, and 10 & 11 Vict. c. 27.
3 Geo. 4,
Purchasing Lands, &c.] One justice may ascertain and settle c. 126.
amount of expenses of jury and witnesses on inquisition to assess value of land required for road (3 Geo. 4, c. 126, s. 87).
Procuring Vaterials, &c.] Differences as to the damages done by surveyor in getting materials from common or waste lands, or going over inclosed lards, to be settled by two justices (3 Geo. 4, c. 126, s. 97). Two or more justices may make order for materials to be taken from enclosed land (s. 98), which is recovered by distress (4 Geo. 4, c. 95, s. 71). [Forms, Nos. 14--16, pp. 972, 974, Oke's “ Formulist,” 6th ed.] Differences as to value of land used as repositories for stone, gravel, &c., to be settled by two justices (3 Geo. 4, c. 126, s. 102). Two or more justices to settle differences or damage between owner of ground through which a temporary road made and the trustees (s. 111). [Form of Order, &c., No. 10, Oke's "Formulist," 6th ed. p. 969.) Expenses of repairing gutters, drains, &c., in towns to be defrayed equally between the trustees and inhabitants, and two justices to apportion the amount to be paid by each (s. 115).
Watercourses, &c.] One or more justices to settle charges of removing filth, &c., on road, on turning, &c., watercourses, &c., after seven days' notice given to owner or occupier by surveyor, the amount being recoverable as penalties (s. 114). [See, as to second, Offences 95, 96, Vol. I. p. 806.]
Cutting Hedges.] One justice may order hedges to be cut and trees lopped which obstruct or are prejudicial to the road, if not done so by occupier within ten days after notice given by surveyor (s. 116). [Form No. 12, p. 971, Oke's “ Formulist,” 6th ed. See
Offence 97, Vol. I. p. 806.] 4 Geo. 4, c. 95.
Damage by making Drains, &c.] Two or more justices may settle satisfaction to owner for making drains through lands contiguous to the road (4 Geo. 4, c. 95, s. 67). Two justices to determine as to the repair of new road made in lieu of old road (s. 68).
Tolls.] A justice may determine disputes as to tolls or charges of distress made for same, and award costs to parties (3 Geo. 4, c. 126, s. 40). [Forms, Nos. 16, 17, Oke's “ Formulist," 6th ed. pp. 974, 975.]
County Road Rates in South Wales are recovered as county rates (10 & 11 Vict. c. 72, s. 2).
Roads out of Repair. ] See ante, title “ Highways," pp. 1220, 1221, 1426-—1427.
Application of Highway Rate towards Repair of Turnpike Roads. ]
Railways interfering with Roads.] See 8 & 9 Vict. c. 20, tit.
Road in two Counties, becoming a Highway, in Repair.] See 33 & 34 Vict, c. 73, s. 13.