it legalises all acts done in furtherance of a combination or dispute, if the acts so done are not in themselves "crimes" if done by one person. This provision practically concedes to workmen co-equal rights with other persons.

Mischievous Effects of the Doctrine.-The doctrine of the "restraint of trade" is, it would seem, finally and wholly disposed of in connection with Trade Unions and labour disputes. But the taint of it is left in the Law Courts, from the magistrates' bench to the High Court of Justice, even to the last court of appeal-the House of Lords. The importation of that doctrine into disputes between employers and workpeople has done infinite harm. It has caused more trouble than perhaps any other expression delivered in a court of law. The nearest approach to it, in its mischievous effects, is the doctrine of "common employment," by which workmen were deprived of legal remedy in cases of injury while following their employment. If the impression created by the doctrine of "restraint of trade" could be erased from the minds of those who administer the law, much of the heart-burning caused by prosecutions of workmen would be removed. Questions as to the legal rights of Trade Unions, in the processes of Civil Law, would also be simplified, although care is taken in the Trade Union Acts to define such in most instances.

2. Investment of Funds.-The Trade Union Act, 1876, amended the principal Act (1871) in several important particulars, not the least of which was the improved definition of a Trade Union, and its extension to bodies as to which there was previously some doubt. Another important amendment was as to property and funds. By sect. 3 of the Act of 1871 it is provided that "the real or personal estate of any branch of a Trade Union shall be vested in the trustees of such branch." In sect. 16 of the Act of 1876 it is enacted "or of the trustees of the Trade Union, if the rules of the Trade Union so provide." Thus amalgamated Unions, like those of the Engineers, Carpenters, and other great organisations, have power to invest the general funds for the benefit of all concerned. This provision has enabled Trade Unions to create large reserve funds," so as to ensure the payment of such benefits as superannuation in old age, in sickness, or cases of accident, which otherwise they would not be able to create. The Act further provides for the appointment and removal of trustees; the registry of Unions in more than one country; jurisdiction in cases of offences; membership of Unions; nominations, change of name, dissolution, &c., &c.

Objections to Registration considered. With respect to the general provisions in the two Trade Union Acts, 1871 and 1876, little need be said

in this introduction. They are clearly expressed in the Acts, and by this time are fairly well understood by the officials of all registered Trade Unions. It is a fortunate circumstance that the several registrars appointed to administer the Acts have interpreted them, and applied them, in such a manner as to avert any serious friction. The regulations and forms have been prepared with so much care that very little difficulty has beer experienced. This is attested by the fact that no serious complaints have been heard, and there has been no demand for changes in the law. Moreover, most of the Unions which, in the earlier period of the existence of those Acts, were somewhat. averse to registration, have since been registered. At first some objected, but it was mainly on the ground that the "Criminal Law Amendment Act, 1871," formed part of the original Bill; and even when the third clause was separated from it, and was presented as a new Bill, it was passed as though it was its natural sequel or complement. That Act was, however, repealed in 1875, by the "Labour Laws."

General Character of the Provisions.-The Trade Union Acts, 1871 and 1876, together with the regulations and forms, and the notes of cases herein given, in connection with the several sections in the Acts which have occasioned an appeal to the Higher Courts, mostly under the Summary Jurisdiction Acts, are sufficiently clear without any

further elaborate explanation. The several sections explain the relationship of members to the Unions, and vice versâ; and declare also the relative position of Trade Unions to other societies, registered by the same official under other Acts. They define the position of Trade Unions as to holding land, as regards vesting their property in trustees, and the duties and responsibilities of such trustees, their actions at law, liability, &c. ; provide for the audit of accounts, for summary proceedings in case of fraud, registration of Union, &c.; and a schedule is given as to matters to be provided for by and in the rules of Trade Unions, registered under the Acts. Appeals are also provided for-to Quarter Sessions, to the Superior Courts, and from the Sheriff's Court in Scotland.

Registration of Trade Unions.-The Registrar of Friendly Societies is also the Registrar of Trade Unions, and of other bodies constituted under certain Acts. The registrar has to see that the rules of the Union fulfil the conditions set forth. in the Trade Union Acts, 1871 and 1876, and now also the provisions of the Trade Union (Provident Funds) Act, 1893, wherein is given a definition of "provident purposes," &c., to enable the Unions to claim exemption from the income tax.

Validity of Registration.-It does not appear to be the duty of the registrar to examine the rules, and to certify that they are, one and all, in

accordance with the general law of the land; but he must certify that the rules agree with the Acts under which registration is made, and with the schedule of the Act of 1871. If any unlawful purpose was expressed in the rules, doubtless he would refuse registration. But apparently refusal

to register is rare. (See p. 70.)

Regulations and Forms. Certain regulations are in force, made by the Home Secretary, and forms are provided, in accordance with the regulations, for the use of Trade Unions registered under the Acts. Those in force, with a few modifications in some of the forms, were issued in 1876, by the then Home Secretary, "Rich. Assheton Cross," now Lord Cross. All the requisite forms are supplied to the officers of Trade Unions by the registrar. It might be added that all the regulations and forms are given, in extenso, in Howell's "Handybook of the Labour Laws," Third Edition, 1895,* and we have decided to reproduce them for reference. (See Appendix C, p. 206).

Privileges conferred by Registration.-Registration does not in any way curtail the rights of Trade Unions, but it confers certain privileges. This is especially the case as regards property and funds, and proceedings for the recovery of the same, or for the punishment of those who embezzle, or misappropriate, or withhold such property and

* Macmillan & Co., London and New York, price 38. 6d. net.