A.D. 1871. of the county in the Sheriff Court, under the provisions of the Summary Procedure Act, 1864. Appeal to quarter sessions. II. c. 43. In Scotland summary orders under this Act may be made and enforced on complaint in the Sheriff Court. All the jurisdictions, powers, and authorities necessary for giving effect to these provisions relating to Scotland are hereby conferred on the sheriffs and their substitutes. Provided that in England, Scotland, and Ireland— 2. The description of any offence under this Act in the words of such Act shall be sufficient in law. 3. Any exception, exemption, proviso, excuse, or qualification, whether it does or not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor. XX. In England or Ireland, if any party feels aggrieved by any order or conviction made by a court of summary jurisdiction on determining any complaint or information under this Act, the party so aggrieved may appeal therefrom, subject to the conditions and regulations following: (1.) The appeal shall be made to some court of general or quarter sessions.* Appeal in XXI. In Scotland it shall be competent to any person Scotland as to appeal against any order or conviction under this Act to prescribed by 20 Geo. the next Circuit Court of Justiciary, or where there are no Circuit Courts to the High Court of Justiciary at Edinburgh, in the manner prescribed by and under the rules, limitations, conditions, and restrictions contained in the Act passed in the twentieth year of the reign of His Majesty King George the Second, chapter forty-three, in regard to appeals to Circuit Courts in matters criminal, as the same may be altered or amended by any Acts of Parliament for the time being in force. All penalties imposed under the provisions of this Act in Scotland may be enforced in default of payment by im * The remainder of this section is repealed by 47 & 48 Vict. c. 43, s. 4. See Chap. XVII., Appeals and New Trial. prisonment for a term to be specified in the summons or A.D. 1871. complaint, but not exceeding three calendar months. All penalties imposed and recovered under the provisions of this Act in Scotland shall be paid to the sheriff clerk, and shall be accounted for and paid by him to the Queen's and Lord Treasurer's Remembrancer on behalf of the Crown. person not to act as a XXII. A person who is a master, or father, son, or Interested brother of a master, in the particular manufacture, trade, or business in or in connection with which any offence under member of this Act is charged to have been committed shall not act as or as a member of a court of summary jurisdiction or appeal for the purposes of this Act. a court of appeal. Definitions. XXIII. In this Act Definitions. The term Summary Jurisdiction Acts means as follows: As to the As to England, the Act of the session of the eleventh and termi"Sumtwelfth years of the reign of Her present Majesty, diction mary Jurischapter forty-three, intituled "An Act to facilitate the Acts." performance of the duties of justices of the peace out of sessions within England and Wales with respect to Summary Convictions and Orders," and any Acts amending the same: * As to Ireland, within the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district, and elsewhere in Ireland, "The Petty Sessions (Ireland) Act, 1851," and any Act amending the same. In Scotland the term "misdemeanour" means a crime and offence. [For definition of "trade union see Act of 1816, § 16.]† Provided that this Act shall not affect 1. Any agreement between partners as to their own business; * See the Summary Jurisdiction Act, 1879 (the 42 & 43 Vict. c. 49), s. 32. This clause is repealed by the 39 & 40 Vict. c. 22, s. 16. A.D. 1871. 2. Any agreement between an employer and those employed by him as to such employment; 3. Any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade, or handicraft. § 24 is repealed by the Statute Law Revision Act, 1883. SCHEDULES. FIRST SCHEDULE. See s. 14. Of Matters to be provided for by the Rules of Trade Unions Registered under this Act. Vict. c. 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 See 18 & 19 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. 63, s. 25. 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. See s. 13, sub-s. 6. The Second Schedule contains the maximum fees to be charged.* See full Table of Fees, end of Chapter IX., Regulations, etc. CHAPTER VIII. TRADE UNION ACT (1871) AMENDMENT ACT (1876). [39 & 40 VICT., CH. 22.] AN ACT TO AMEND THE TRADE UNION ACT, 1871. WHEREAS it is expedient to amend the Trade Union Act, A.D. 1876. 1871: Be it enacted as follows: short title. § I.-This Act and the Trade Union Act, 1871, herein- Construcafter termed the principal Act, shall be construed as one tion and Act, and may be cited together as the “Trade Union Acts, 1871 and 1876," and this Act may be cited separately as the "Trade Union Act Amendment Act, 1876." unions to ment of s. 8 § II. Notwithstanding anything in s. 5 of the principal Trade Act contained, a trade union, whether registered or un- be within registered, which insures or pays money on the death of a s. 28 of Friendly child under ten years of age shall be deemed to be within Societies the provisions of s. 28 of the Friendly Societies Act, 1875. Act (1875). § III. Whereas by s. 8 of the principal Act it is Amend. enacted that "the real or personal estate of any branch of principal of a trade union shall be vested in the trustees of such Act. See Friendly branch: The said section shall be read and construed as Societies if immediately after the hereinbefore recited words there Act, 1875, s. 16 (3). were inserted the words " or of the trustees of the trade union, if the rules of the trade union so provide." § IV. When any person, being or having been a trustee Provision of a trade union or of any branch of a trade union, and in case of absence, etc., of trustee. See Friendly Societies Act, 1875, s. 15 (6). page 97. A.D. 1876. whether appointed before or after the legal establishment thereof, in whose name any stock belonging to such union or branch transferable at the Bank of England or Bank of Ireland is standing, either jointly with another or others, or solely, is absent from Great Britain, or Ireland respectively, or becomes bankrupt, or files any petition, or executes any deed for liquidation of his affairs by assignSee alsos.8, ment or arrangement, or for composition with his creditors, or becomes a lunatic, or is dead, or has been removed from his office of trustee, or if it be unknown whether such person is living or dead, the registrar, on application in writing from the secretary and three members of the union or branch, and on proof satisfactory to him, may direct the transfer of the stock into the names of any other persons as trustees for the union or branch; and such transfer shall be made by the surviving or continuing trustees, and if there be no such trustee, or if such trustees refuse or be unable to make such transfer, and the registrar so direct, then by the Accountant-General or Deputy or Assistant Accountant-General of the Bank of England or Bank of Ireland, as the case may be; and the Governors and Companies of the Bank of England and Bank of Ireland respectively are hereby indemnified for anything done by them or any of their officers in pursuance of this provision against any claim or demand of any person injuriously affected thereby. Jurisdic tion in of- 12, page 99. Registry of unions ness in § V. The jurisdiction conferred in the case of certain offences by s. 12 of the principal Act upon the court of summary jurisdiction for the place in which the registered office of a trade union is situate may be exercised either by that court or by the court of summary jurisdiction for the place where the offence has been committed. § VI.-Trade unions carrying or intending to carry on business in more than one country shall be registered in doing busi- the country in which their registered office is situate; but more than copies of the rules of such unions, and of all amendments one country of the same, shall, when registered, be sent to the registrar See Friend- of each of the other countries, to be recorded by him, and ly Societies Act, 1875, until such rules be so recorded the union shall not be entitled to any of the privileges of this Act or the principal |