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Schedule

as to rules.

Schedule

SCHEDULES.

The first schedule contains the "matters to be provided for by the rules of trade unions registered under this Act."*

The second schedule contains the "C maximum as to fees. fees" to be charged.t

* See § 14, page 101.

+ See full Table of Fees, end of Chap. IX.-Regulations, etc.

CHAPTER VII.

THE TRADE UNION ACT, 1871.

[34 & 35 VICT., CH. 31.]

AN Act to amend the Law relating to Trade Unions.

Be it enacted as follows:

[29th June, 1871.]

Preliminary.

A.D. 1871.

I. This Act may be cited as "The Trade Union Act, Short title. 1871."

Criminal Provisions.

II. The purposes of any trade union shall not, by Trade reason merely that they are in restraint of trade, be deemed union not criminal. to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

union not

III. The purposes of any trade union shall not, by Trade reason merely that they are in restraint of trade, be un- unlawful lawful so as to render void or voidable any agreement or for civil trust.

purposes.

contracts,

IV. Nothing in this Act shall enable any court to enter- Trade tain any legal proceeding instituted with the object of union directly enforcing or recovering damages for the breach of when not enforceable of the following agreements, namely, any

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:

A.D. 1871.

Provisions of 38 & 39 Vict. c. 60, 56&57 Vict. c. 39,

25 & 26 Vict. c. 89, etc.

not to apply

to trade unions.

Registry of trade unions.

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.

V. 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

(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.

Registered Trade Unions.

VI. Any seven or more members of a trade union may by subscribing their names to the rules of the union, and

* Now the Friendly Societies Act, 1875 (the 38 & 39 Vict. c. 60), as amended by the Acts of 1887, 1889, and 1893 respectively.

Now the Industrial and Provident Societies Act, 1893 (the 56 & 57 Vict. c. 39). !

Now the Companies Acts, 1862 to 1890. (See the Short Titles Act, 1892.)

otherwise complying with the provisions of this Act with A.D. 1871. 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.

unions

trade

VII. It shall be lawful for any trade union registered Buildings under this Act to purchase or take upon lease in the names for trade of the trustees for the time being of such union any land may be not exceeding one acre, and to sell, exchange, mortgage, or purchased or leased. 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. VIII. All real and personal estate whatsoever belonging Property of to any trade union registered under this Act shall be unions vested in the trustees for the time being of the trade vested in union appointed as provided by this Act, for the use trustees. 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.

* Add: "or of the trustees of the trade union, if the rules of the trade union so provide." See Act of 1876, the 39 & 40 Vict. c. 22, s. 3.

H

A.D. 1871.

Actions, etc., by or against trustees, etc.

IX. The trustees of any trade union registered under this Act, or any other officer of such trade union who may be authorised 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 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 successors 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.

Limitation X. A trustee of any trade union registered under this of responsi- Act shall not be liable to make good any deficiency which bility of may arise or happen in the funds of such trade union, but trustees. shall be liable only for the moneys which shall be actually received by him on account of such trade union.

Treasurers, etc., to account.

XI. 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 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

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