Trade unions to be within s. 28 of Friendly Societies Act, 1875. Applies to all trade unions registered or un registered. Payments on death of children. Limitation of payments. Who may receive payments. C. FRIENDLY SOCIETIES ACT, 1875, § 28. § 2 of the Trade Union Act Amendment Act, 1876, says :'Notwithstanding anything in § 5 of the principal Act contained, a trade union, whether registered or unregistered, which insures or pays money on the death of a child under ten years of age shall be deemed to be within the provisions of § 28 of the Friendly Societies Act, 1875." It is important to bear in mind that this section applies alike to all trade unions whether registered or unregistered, which insures or pays money on the death of a child under ten years of age; as some difficulty has already arisen with regard to its provisions the entire section is here given : "With respect to payments on the death of children under ten years of age, the following provisions shall have effect: (1.) No society shall insure or pay on the death of a child under five years of age any sum of money which, added to any amount payable on the death of such child by any other society, exceeds six pounds, or on the death of a child under ten years of age any sum of money which, added to any amount payable on the death of such child by any other society, exceeds ten pounds. 66 (2.) No society shall pay any sum on the death of a child under ten years of age except to the parent of such child, or to the personal representative of such parent, and upon the production by such parent or his personal representative of a certificate of death issued by the registrar of deaths, or other person having the care of the register of deaths, containing the particulars after mentioned. Particulars "(3.) Whenever a certificate of the death of a child is applied of certifi- for, for the purpose of obtaining a sum of money from a society, cates. the name of such society and the sum sought to be obtained therefrom shall be stated to the registrar of deaths, who shall write on or at the foot of such certificate the words 'to be produced to the society' (naming the same) ' said to be liable for payment of the sum of £ (stating the same); and all certificates of the same death shall be numbered in consecutive order, and the sum charged by the registrar of deaths for each such certificate shall not exceed one shilling. Registrars of deaths (4.) No registrar of deaths shall give any one or more certificates of death for the payment in the whole of any sum of money only to give exceeding six pounds on the death of a child under five years, certificates in certain or for the payment in the whole of a sum exceeding ten pounds on the death of a child under ten years; and no such certificate cases. shall be granted unless the cause of death has been previously entered in the register of deaths on the certificate of a coroner or of a registered medical practitioner who attended such deceased child during its last illness, or except upon the production of a certificate of the probable cause of death under the hand of a registered medical practitioner, or of other satisfactory evidence of the same. (5.) Any society to which is produced a certificate of the Inquiry to death of a child which does not purport to be the first shall, be made by before paying any money thereon, be bound to inquire whether societies. any and what sums of money have been paid on the same death by any other society. '(6.) It shall be an offence under this Act (a.) If any society pays money on the death of a child Offences “(b.) If any parent or personal representative of a parent (7.) The word 'society' in the present section shall include Extent of all industrial assurance companies assuring the payment of word "Somoney on the death of children under the age of ten years. ciety." 66 '(8.) No assurance made or to be made by any industrial Assurances assurance company, of a sum of money payable on the death of on childa child under the age of ten years, which would be valid if not to be ren's lives effected with a registered society, shall be invalidated by reason void under of any provision contained in the Act 14 Geo. III. c. 48, for 14 Geo. III. regulating insurances upon lives and for prohibiting all such c. 48. insurances except in cases where the person insuring shall have an interest in the life of the persons insured. Insurable "(9.) Provided that nothing in this section contained shall apply to insurances on the lives of children of any age, where interests. the person insuring has an interest in the life of the person insured, or to existing contracts." D. SPECIALLY AUTHORISED SOCIETIES. Under the Friendly Societies Act, 1875 (38 & 39 Vict. c. 60), § 8, Sub-section 5, and § 9, Special Authorities. Special authorities, open to all Societies which may avail themselves of them, have been granted by the Treasury, all being limited to certain provisions of the Acts. Some Societies which partake of the character of Trade Unions, but which do not fulfil the purposes, or any one of them, enumerated in the definition of a Trade Union, as given in the Amendment Act, 1876, § 16, have been registered as 'Specially Authorised Societies," under the powers conferred by the above Act upon the Treasury. The objects of such Societies are set forth in the following complete list of all the purposes authorised up to date : 1. (16th May, 1876.) "To create funds by monthly or other subscriptions to be lent out to, or invested for the members of a society for their benefit-pursuant to the statute 38 & 39 Vict. c. 60," § 9. 2. (20th March, 1877.) "Assisting members out of employ ment. 3. (22nd March, 1877.) "Protecting and defending members of any lawful trade or calling against frivolous, vexations, or malicious prosecutions, and in cases of robbery and other crimes, affording them legal or other assistance for the detection and prosecution of offenders." 4. (23rd March, 1877.) "Promoting agriculture or horticulture." This has since been modified by the Lords of the Treasury, and has now been placed on the same footing as all other later authorities, with the exception of its allowing the application of § 31 of the Friendly Societies Act, 1875, as to recoverable contributions. 5. (23rd March, 1877.) "Promoting Temperance and Economy by taking small deposits." 6. (31st January, 1878.) Guaranteeing, pursuant to 38 & 39 Vict. c. 60, § 20, the performance of their duties by officers of Friendly Societies or branches." 7. (6th April, 1878.) 8. (5th July, 1878.) "The playing the game of Quoits." "The promotion of Literature, Science, and the Fine Arts." 9. (3rd October, 1879.) "The promotion of a knowledge of Music." 10. (1st June, 1882.) "The receipt of the Funds of Friendly Societies and branches, and the investment of the same for their benefit." (Unlimited.) 11. (18th December, 1883.) Enabling persons of the Jewish religion to provide for the due celebration of the Passover." 12. (24th March, 1888.) "The encouragement and promotion of the riding of Bicycles and similar machines." 13. (10th April, 1890.) For "the promotion of Education." The limitations in this case being the same as those of the special authorities of 3rd July, 1878, and 3rd October, 1879, "for the promotion of Literature, Science, and the Fine Arts," and "for the promotion of a knowledge of Music." 14. (4th March, 1891.) For "the promotion of the Science and Art of Cookery," the authority being subject to the same limitation as those of the authority of the 10th April, 1890, "for the promotion of Education." 15. (27th February, 1893.) "Providing the members with legal and other assistance when claiming compensation under the Employers' Liability Acts." It will be well for the legal adviser of the society in this case to see that it does not offend against the Law relating to Maintenance or Champerty. 16. (8th May, 1893.) For "the Mutual Protection and promotion of the interests of Friendly Societies." 17. (15th June, 1893.) "The promotion of the pursuit of Angling." E. TEMPERTON v. RUSSELL AND OTHERS. COMMON LAW ACTION. This was an action brought by Mr. Joseph Temperton, a builder carrying on business at Hull, against Mr. John Russell (President of the Hull Branch of the Operative Bricklayers' Society) and others to recover £1,000 damages for the alleged wrongful acts of the defendants, in procuring and inducing certain other persons to break their contracts with the plaintiff. The action arose out of a strike by the bricklayers, plasterers, and labourers employed by the plaintiff in consequence of his refusal to carry out one of the working rules adopted by the Hull Master Builders on the one part, and the Bricklayers, Plasterers, and Labourers on the other part. In consequence of this strike workmen at other establishments refused to use the goods supplied by the plaintiff, who thereby, as he alleged, lost several contracts and suffered considerable damage. He thereupon sued the defendants in the Queen's Bench Division of the High Court of Justice, to recover damages. The case was tried before Mr. Justice Collins and a special jury at York on March 21st, 1893, when the jury found a verdict for the plaintiff with £250 damages and costs. The defendants then applied to the Court of Appeal to set aside the judgment, or for a new trial. The application was heard and argued before Lord Esher, Master of the Rolls, Lord Justice Lopes, and Lord Justice A. L. Smith on the 13th, 14th, and 17th April, 1893, when it was held that an action was maintainable by the plaintiff against the defendants for maliciously procuring breaches of contract, and for maliciously conspiring together to injure him by preventing persons from entering into contracts with him, and the appeal was dismissed. Lord Esher in giving judgment said: "It appears to me that the combination was wrongful both with respect to the interference with existing contracts, and with respect to the prevention of contracts being entered into in the future. I cannot doubt that there was evidence from which the jury might find that people were prevented from dealing with the plaintiff by the resolution of the joint committee, and the action taken by the defendants, and that the plaintiff was thereby injured." Lord Justice Lopes said: "It has been contended that the damage to the plaintiff must be considered to have arisen from the spontaneous action of individual workmen ; but I cannot think that that view is maintainable. We know something of the action of Trade Unions and their officials. So far from the injury to the plaintiff arising from the men acting of their own accord, I think it is clear that if it had not been for the fear of the Trade Unions and of the consequences of breaking the compacts which they had entered into as members of the Unions, there would have been no question of the men withdrawing from their employ. I think it was shown that Russell acted in what he did as the delegate and under the instruction of the joint committee of the three Trade Unions of which the other defendants were members, and therefore I think that the other defendants occupy the same position as he does." Lord Justice A. L. Smith said that the learned Judge who tried the case had directed the jury that "it is perfectly clear law that to induce a person who has made a contract with another to break that contract in order to hurt the person with whom it has been made, to hamper him in his trade, or to put undue pressure upon him, or to procure some indirect advantage for the person |