ades men not to work would run grave risks. To avoid he would require to advise every man who was under a act of employment not to break it, but merely to give e and work out his notice and then leave. ne interesting effect of the section is that although it cts the person who induces a breach of contract from an for tort, it does not protect the person induced to break ›ntract from an action for breach of contract. 'ith regard to that portion of the section which purports ant immunity to persons for acts that are interferences the trade, business, or employment of others, it is by no s easy to define the circumstances under which such acts her done by individuals or in combination) are tortious at non law (a). Immunity of Trade Unions from Torts.-S. 4 of the Act is as follows: (1) An action against a trade union, whether of workmen or masters, against any members or officials thereof on behalf of themselves and other members of the trade union in respect of any tortious act alleged have been committed by or on behalf of the trade union, shall not be tertained by any Court. (2) Nothing in this section shall affect the liability of the trustees of a ade union to be sued in the events provided for by the Trades Union ct, 1871, s. 9, except in respect of any tortious act committed by on behalf of the union in contemplation or in furtherance of a trade spute. I b-s. 1 is unqualified. It applies to tortious acts whether in contemplation or furtherance of trade disputes or in other circumstances (b). The original idea when the Per Romer, L.J., in Giblan v. National Amalgamated Labourers' Union, 2 K. B. 600, and Lord President Dunedin, in Mackenzie v. Iron Trades ers' Insurance Association, Ltd. (1910), S. C. 79, and cases cited in these nts; also Sorrel v. Smith, [1925] A. C. 700. Vacher v. London Society of Compositors, [1913] A. C. 107. amendment of the law of agency, but by pr from entertaining actions of tort against trad Sub-s. 2 is a difficult enactment. It will that s. 9 of the 1871 Act provided that the tri tered trade union might sue or be sued as su cerning the property of the trade union ( view of sub-s. I it is clear that an action wil the trustees for the purpose of getting dam funds of the union in respect of a wrongful a templation or furtherance of a trade dispute ; to be some doubt whether an action might way against the trustees in respect of a wrong in contemplation or furtherance of a trade question is discussed in the case of Vache v. The London Society of Compositors (a). seemed to think that in the latter case the tru be immune from action, but Lord Macnag not easy to understand the precise meaning of it would be better to leave its construction ov come directly in question; and that, howev construed, it could not affect the plain meanin The enactments dealing with picketin usually classed amongst those which grant persons engaged in strikes-are dealt with in (a) [1913] A. C. 107. PICKETING expression "Picketing," though familiar to most people, t defined, and is used only once (in a side-note) in the tes which deal with the subject. The more accurate ession is said to be "watching and besetting" (a); but ting in the popular sense has always been understood to - the attempt by trade unionists and others to induce men to stop work, in the case of strikes, by posting a ket "-which may consist of one or more personsde the works in which the strike is in progress, for the Ose of getting in touch with men who remain at work these men are coming to or going from their work (b). r activities such as visiting the houses of men who remain ork or following them through the streets are also at resorted to with the same object. he law with regard to picketing prior to 1927 was ned by the seventh section of the Conspiracy and Pro▪n of Property Act, 1875, and the second section of the e Disputes Act, 1906. The seventh section of the 1875 s the last of the series of enactments already referred which made acts of violence, threats, and molestation in ection with trade disputes criminal offences. We may profitably consider the terms of the earlier enacts of the series, as they give us some assistance in conng the seventh section of the 1875 Act, which, except Per Madden, J., in Larkin v. Belfast Harbour Commissioners, [1908] 2 14, at p. 222. See also Moulton, L.J., in Ward, Lock & Co., Ltd. v. The Fve Printers' Assistants' Society and another, 22 T. L. R. 327, at p. 329. Madden, J., in Larkin's Case, at p. 222. See Chapter II, p. 14. 22 TING ugh familiar to most people, once in a side-note) in the Sect. The more accurate g and besetting" (4); but ways been understood to ists and others to induce e of strikes, by posting a one or more personse is in progress, for the ea who remain at work ng from their work (6). ses of men who remain the streets are also at - prior to 1927 was Conspiracy and Proecond section of the section of the 1875 ts already referred and molestation in nces. the earlier enactssistance in conwhich, except missioners, [1908] 2 Co., Ltd. v. The 27, at p. 329. mään, ol by molesting of In any way obstructi endeavour to force any journeyman, manufacture person hired or employed in any manufacture, trade from his hiring, employment or work, or to retur same shall be finished, or prevent or endeavour to p manufacturer, workman, or other person not bei from hiring himself to, or from accepting work or person or persons; or if any person shall use of person or property of another, or threats or intimidati any way obstruct another (a) for the purpose of for person to belong to any club or association, or to cor fund, or to pay any fine or penalty, or on account any particular club or association, or not having refused to contribute to any common fund, or to p or on account of his not having complied or of with any rules, orders, resolutions, or regulations ma or to reduce the rate of wages, or to lessen or alter or to decrease or alter the quantity of work, or to carrying on any manufacture, trade, or business thereof; or if any person shall by violence to the pers or by threats or intimidation, or by molesting or in any n force or endeavour to force any manufacturer any trade or business, to make any alteration in h managing, conducting, or carrying on such manufac or to limit the number of his apprentices, or the of his journeymen, workmen, servants; every p aiding, abetting, or assisting therein, being convic hereinafter mentioned, shall be imprisoned only, imprisoned and kept to hard labour, for any tim calendar months. This enactment may be summarised makes it an offence : 1. To use violence to person or property 2. To threaten or intimidate persons; 3. To molest or obstruct persons with any one of the following purposes :(1) To force workmen in employment (a) These portions are shown in italics to assist the r section. ence to the person was a crime when the Act was and violence to property was at least a tort. Threats imidation were also crimes within certain limits. tion and obstruction are somewhat indefinite terms. forms of molestation or obstruction may be crimes at law, others are torts, and some forms, possibly, are ishable as either. effect of s. 3 of the Act 6 Geo. 4, c. 129, therefore o have been to convert into crimes certain acts, which eviously torts, when these acts were done with certain purposes. It may also possibly have converted mes a few acts which were not previously even civilly -le. rly the expressions " molestation " and " obstruction" ⇒ indefinite to be satisfactory, and on a strict interpref them the section might well have been held to make ons attempting-by any means, however innocente others to join in a strike guilty of a crime. In order this result the Act 22 Vict. c. 34 was passed. It follows: o workman or other person, whether actually in employment or not, by reason merely of his entering into an agreement with any workman orkmen, or other person or persons, for the purpose of fixing or vouring to fix the rate of wages or remuneration at which they or them shall work, or by reason merely of his endeavouring peaceably, à a reasonable manner, and without threat or intimidation, direct or ct, to persuade others to cease or abstain from work, in order to 1 the rate of wages or the altered hours of labour so fixed or agreed or to be agreed upon, shall be deemed or taken to be guilty of estation or obstruction," within the meaning of the said Act Geo. 4, c. 129], and shall not therefore be subject or liable to any ution or indictment for conspiracy: Provided always, that nothing contained shall authorise any workman to break or depart from any ct or authorise any attempt to induce any workman to break or from any contract. |