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 No certificate of registration of a trade union shall be withdrawn or cancelled otherwise than by the Withdrawal chief registrar of Friendly Societies, or in the case of trade unions registered and doing business exclusively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. (2.) On proof to his satisfaction that a certificate 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be given by the chief or assistant registrar to a trade union before the certificate of registration of the same can be withdrawn or cancelled (except at its request). $8.8, 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 A trade union whose certificate of registration has been withdrawn or cancelled shall, from the time of such withdrawal or cancelling, absolutely cease to enjoy as such the privileges of a registered trade union, but without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 anything. 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. Ss. 10,11. sums of money that may be due to them from the trade union. I do not think, looking at the first and other sections of that Act, that we can find any sufficient indication of an intention to depart from the terms of sect. 4 of the first Act so as to alter the policy of the legislature, which was to prevent the introduction of legal proceedings into the affairs of trade unions, and to save trade unions from being subjected to the expense of litigation. Change of name. The question really turns on the construction of the two Acts. We are asked to read sect. 10 of the second Act as overruling sect. 4 of the first, and to hold that there is, therefore, a distinct statutory obligation on the part of the trade union to pay; but when we are told by the legislature to read the two Acts as one, we must read them in such a way as to make them consistent. In my opinion, the trade union is subject to no more obligation to pay than it was before the Act of 1871 was passed. Sect. 4 is clear; no action shall be brought for any such sum of money as is sought to be recovered here." Kay, L. J., in concurring, said: "The money is a debt which could not be recovered by the executor or administrator of the deceased member if he had one ... it would be an extraordinary construction of this section to say that although the member cannot sue, or his executor or administrator cannot sue, yet the nominee of the member, that is, a person brought into the matter by the legislature, evidently to avoid the expense of probate, shall have power to put the trade union to the expense of an action the section is intended like the corresponding provisions of the Friendly Societies Act, to prevent a trade union, so far as it is a benefit society, from being subjected to the expense and trouble of litigation by its members. I think sect. 4 is intended to prohibit the very kind of litigation we have in this case." 11. 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 13. business exclusively in Scotland or Ireland, of the Ss. 11, 12, 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. tion. 12. Any two or more trade unions may, by the Amalgamaconsent of not less than two thirds of the members of each or every such trade union, become amalgamated together 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. "Dissolution," i.e., with or without any dissolution of such trade unions or of either or of any of them or with or without any division of the funds of such trade unions or of either or of any of them. of changes and amalga 13. Notice in writing of every change of name or Registration amalgamation signed, in the case of a change of of names name, by seven members, and countersigned by the mations. secretary of the trade union changing its name, and accompanied by a statutory declaration by such secretary that the provisions of this Act in respect of changes of name have been complied |