John Macdonell.

The law of master and servant. Part I.--Common law. Part II.-- Statute law online

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Be it enacted by the Queen's most Excellent Majesty, hy and witli the
advice and consent uf the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembh'd, and by thu authority of the same,
as follows :

Preliminary.

1. This Act may be cited as " The Trade Union Act, 1S7I."

Crimi)utl Provisions.

2. The jjurposes of any trad^' union shall not, by reason merely that
they are in restraint of trade, Ix; deemed to be unlawful, so as to render
any member of such trade union liable to criminal prosecution for con-
spiracy or otherwise.

3. The purposes of any trade union sluill not, by reason merely that
they are in restraint of trade, 1 le unlawful so as to render void or voidable
any agreement or trust.

4. Nothing in this Act .shall enable any Court to entertain any legal
proceeding instituted Avith the object of directly enforcing or recovering
damages for the breach of any of the following agreements, namely,

(1.) Any agreement between members of a trade union as such, con-
cerning 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 :

(2.) Any agreement for the payment by any person of any sub.scrip-
tit)n or penalty to a trade union :

(.3.) Any agreement for the application of the funds of a trade
union (r), —

(;•) Jligby v. (Jonnol (1880), 14 Cli. that is a slioii iu wiiicli persons not

D. 482 ; 42 L. T. N. S. 139. (A mem- menib(Ms ol'tliis luiiou were employed,

ber of a trade union, who was e.\- asked for a declaration that he was

pellcd therefrom because, contrary to entitled to participate in the pro-

the rules of the imion, he bound Lis peity and benelits ot the union,

son apprentiit! in a "foul shop," and an injunction restraining the



G04



THE LAW OF MASTER AND SERVANT.



(rt.) To provide benefits to meiubers ; or,
(6.) 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 perfonuance of any of the above-
mentioned agreements.
But nothing in this section shall be deemed to constitute any of the
above-mentioned agreements unlawful.
5. The following Acts, that is to say,

(1.) The Friendly Societies Acts, 185.") 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 ettect.



(lefciulants from excluding liiiu from
such ]i;uticipiitioii. Jesscl, M. K.,
declined to interfere (1) because it
was not stated that there were any
profits; (2) because the application
was contrary to s. 4, sub-s. 3 ; and
(3) because many of the stipulations
in the rules being in restraint of
trade, were illegal apart ironi the Act.
" If nothing in the Act will assist
the plaintitr," said .Icssel, .M.H., "he
must still be in the ]H)sition of a
member of an illegal as.sociation com-
ing to a Court of justice to assist hiiu
to enfiircc his ri,u:hts under that illej;al
association. If that is so, it is im-
possible for mc. and I do not think
it was ever intended by the Legisla-
ture, looking to the terms of tlie Act
of rarlianient, to enable the Courts
to interfere on behalf of the mem-
bers of these societies, for the purpose
of getting relief intrr sc with respect
to rights and liabilities contrary to
the Act."

In a subsequent case decided by
Denman, J., Duke v. Litllchoy (1880),
43 L. T. N. S. 266 ; 49 h. J. Ch.



SO'2, it was lield that the executive
of a trade union, the rules of which
l)rovided for the ordeiing of strikes by
the executive council, and also for
rendering assistance to other bodies
on strike, were not entitled to claim
an injunction to restrain the otticers
of a branch from dividing the lialance
of the funds, on the ground that it
was a proceeding instituted with the
object of directly enforcing " an
ngreenient for the application of the
lunds of a trade union to provide for
the lienefit of members." Wolfe v.
Matthews {l%^2), h. K. 21 Ch. D."l94 ;
:J0 W. K. 839. (.Vction by certain
olticeis of a trade union to restrain
defendants from amalgamating with
other trade unions; held that theaction
lay.) See also Amahjitmalcd ,Socicti) of
Ji'((i/ir((y Servants for Scotland v. The
Moth rrircll Bra nch of the Socicti/ (1880).
7 1!. S()7, where the Court of Session
granted an interdict aj;ainst the defen-
dants jiartinj; with the funds in their
hanils until the rights of the i)arties
could be ascertained ; and Stokes v.
Sanders, Law Times, June 3, 1 882, p. 85.



TIIADH UNIONS. OOo

Registered Trade Union.'i.

(). Any suvi'U or iiion' iiU'iubtTS of a tnule iiuinu may by subscriljiiif,'
tlieir nanic's to the rules of tlie union, and otliurwi^e complying with the,
provisions of this Act with respect to registry, register such trade union
under tliis Act, jirovided that if any one of tlie purposes of such trade
union be unhiwful such registration shall be void.

7. It shall be lawful for any trade union registered under this Act to
purchase or take upon lease in the names of tlie trustees for the time
being of such imion any land not exceeding one acre, and to sell,
exchange, mortgage, or let the same, and no purchaser, assignee, mort-
gagee, or tenant shall be bound to in([uire -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 tlu-refrom ; and
for the purpose of this section every branch of a trade union shall be
considered a distinct union.

8. All real and personal estate whatsoever belonging to any trade
union registered under this Act shall be vested in the trustees for the
time being of the trade union appointed as provided by this Act for the
use and benefit of such trade union and the members thereof, and the
real or personal estate of any brancli 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 tlieir 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 l)e the pro-
perty of the person or persons for the time being holding the said office
of trustee, in their proper names, as trustees of sucli trade union, without
any further description.

9. The trustees of any trade union registered under this Act, or any
other officer of such trade uninn 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 jn'operty, right, or
claim to property of tlie trade union ; and shall and may, in all cases
concerning the real or personal property of such ti-ade 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



60C THE LAW OF ^MASTKU AND SERVANT.

of them, liut the same Av.\\\ and may ha proceeded in by their successor
or successors as if such death, resignation, or removal had iKjt taken
place; and such successors sliall 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 U-avin;^' the same at the registered ottice of the trade
union.

10. A trustee of any trade union registered imder this Act shall not
be lialile to make good any deficiency which may arise or hajipen in the
funds of such trade union, but shall be liable only for the moneys vhicli
shall be actually received by him on account of such trade union.

11. 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 as hereinafter mentioned, or upon being required so
to do, shall render to the trustees of the trade iinion, 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 lemaining in his hands, and
of all bonds or securities of such trade union, ^vhich account the said
trustees shall cause to be audited by some fit and proper 2)erson or
persfms by them to be appointed ; and such treasurer, if thereunto
recpiired, upon the said account being audited, shall forthwith hand
over to the said trustees the balance which on such audit appears to be
<lue from him, and shall also, if re([uired, hand over to such trustees
nil securities and efl'ects, books, papers, and property of the said trade
imion in his hands or custody ; and if he fail to do so the trustees of the
said trade union may sue such treasurer in any competent court for the
balance appearing to have been due from him upon the account last
Tendered by him, and for all the moneys since received by him on
account of the said trade union, and for the securities and ettects, books,
jiapers, and property, in his hands or custody, leaving him to set off in
such action the sums, if any, which he may have since paid on account
of the said trade union ; and in such action the said tiustees shall be
entitled to recover their full costs of suit, to be taxed as between attorney
and client.

12. If any officer, member, or other person being or representing him-
self to be a member of a trade union registered under this Act, or the
nominee, executor, administrator, or assignee of a member tliereof, or
any jierson whatsoever, by false representation or imposition obtain
possessifni of any moneys, securities, books, ]iapers, or other effects of
such trade union, or, having the same in his possession, wilfully Avith-
liold or fraudulently niisapjtly the same, or wilfully ajjjily any part of
the same to purposes other than those expi'essed or directed i)i tlie rules
of such trade union, or any ])ait thereof, the court of summaiy juris-
■tliction for the place in which the registered office of the trade union is



'J'UAI>K UNIONS.



C07



situate iqion a complaint niatlc l)y any person on liclialf of such tra<l(;
union, or by tlie registrar, or in Scotland at the instance of the procurator
fiscal of the court to which such complaint is competently math', or of
the trade union, Avith his concurrence, may, by summary order, order
such otticer, member, or other person to deliver up all such moneys,
pecurities, l)ooks, papers, or other effects to the trade union, or to reiiay
the amount of money applied improperly, and to pay, if the court think
lit, a further sum of inoney not exceeding,' twenty pounds, together with
costs not exceeding twenty shillings ; and, in default of such deli\ery nf
effects, or rejiaynient of such amount of money, or payment of sucli
penalty and costs aforesaid, the said court may order the said person so
convicted to l)e imprisoned, with or wthout hard labour, for any time
not exceeding three months : Provided, tliat nothing herein contained
shall prevent the said trade union, or in Scotland Her Majesty's
Advocate, from proceeding by indictment against the said party ; pro-
vided also, that no person shall be proceeded against by indictment if
a conviction shall have l)een previously obtained for the same offence
under the provisions of this Act.

BcijiKtrij of Trarh Union.

13. With respect to the registry, under this Act, of a trade union, and
of the rules thereof, the following provisions shall have effect :

(1.) An application to register the trade union and printed co])it-s of
the rules, together Avith a list of the titles and nanu's of tlie
officers, shall be sent to the registrar nnder this Act :

(2.) The registrar, upon being satisfied that the trade union has
complied with the regulations respecting registry in force
under this Act, shall register such trade union and sudi
rules :

(3.) No trade union shall be registered under a name identical with
that by which any other existing trade union has been regis-
tered, or so nearly resembling such name as to Ije likely to
deceive the members or the public : (s)

(4.) Where a trade union api^lying to be registered lias been in
ojteration for more than a year before the date of such

{.i) E. V. Rcgislrar of Friendly was made a few days afterwards
Societies (1872), L. K. 7 Q. B. 941 ; by different persons claiming to
41 L. J. Q. B. 336 ; 27 L. T. N. S. register a society in the same'
22St. (Application to Kcgistrar of name, and statin^ that they were
Friendly Societies, under 34 & 35 autliorised to do so by a vote of the
A^ict. e. 31, for re<.;istration by persons whole members. The i-egistrar, lieing
who stated that they were autliorised satisfied that a bond Jidc dispute, in-
to make the application by a resolu- volving large interests, existed, de-
tion of the executive council of the clincd to register the society ; and
Amalgamated Society of Carpenters the Court of Queen's Bench held
and Joiners. A second application that he was right.)



608 TllK L.\^V OF M.VbTKR AND SKUVANT.

application, there shall l)e dt-livered to the rei,'istrar hefore
the regi.'!itry thereof a general statement of the receij^ts,
funds, effects, and expenditure of sueh trade union in the
same form, and showing the same particulars, as if it were
the annual general statement required as hereinafter men-
tioned to be transmitted annually to the registrar :

(5.) The registrar upon registering such trade union shall issue a
certificate of registry, which certificate, unless proved to
have been withdrawn or cancelled, shall be conclusive
evidence that the regulations of this Act with respect to
registry have been compliL-d with :

(6.) One of Her Majesty's Principal Secretaries of State may from
time to time make regulations respecting registry under this
Act, and respecting the seal (if any) to Ije used for the
purpose of such registry, and the forms to be used for such
registry, and the inspection of documents kept by the
registrar under this Act, and respecting the fees, if any, to
be paid on registry, not exceeding the fees specified in the
second scliedule to this Act, and generally for carrying this
Act into efiect.

14. With respect to the rules of a trade union registered under this
Act, the following provisions shall have effect ;

(1.) The rules of every such trade union shall contain provisions in

respect of the several matters mentioned in the first schedule

to this Act.
(2.) A copy of the rules shall be delivered by the trade union to

every person on demautl on payment of a sum not exceeding

one shilling.

15. Every trade union registered un<ler this Act shall have a regis-
tered office to which all communications and notices may be addressed ;
if any trade union under this Act is in operation for seven days without
luivin"- such an office, such trade union and every officer thereof shall
each incur a penalty not exceeding five pounds for every day during
which it is so in operation.

Notice of the situation of such registered ottice, and of any change
therein, shall be given to the registrar and recorded by him ; until such
notice is "iven the trade union shall not be deemed to have complied
with the ])rovisions of this Act.

16. A "eneral statement of the receipts, fuiuls, effects, and expenditure
of every trade union registered under this Act shall be transmitted to
the registrar before the first day of June in every year, and shall show
fully the assets and liabilitiss at the date, and the receipts and expemli-
ture durin*' the year ])receding the date to which it is made out, of the
trade union ; and shall show separately the expenditure in respect of the
.several objects of the trade union, and shall be picparcd and maile out u])
to such date, in such form, and shall comprise such particulars, as the



TUADE UNIONS. G09

rcj,Msti'ar may from time to time; reciuire ; and every member of, and
depositor in, any such trade union shall be entitled to receive, ou
application to the treasurer or secretary of that trade union, a copy of
such general statement, Avithout making any i)ayment for the same.

Together with sucli general statement there shall be sent to the
registrar a coi:)y of all alterations of rules and new rules and changes of
officers made by the trade union during the year preceding the date up
to which the general statement is made out, and a copy of the rules of
the trade union as they exist at that date.

Every trade union Avhich fails to comply with or acts in contravention
of this section, and also every officer of the trade union so failing, shall
each be liable to a penalty not exceeding five poimds for each oii'ence.

Every person who wilfully makes or orders to be made any false
entry in or any omission from any such general statement, or in or from
the return of such copies of rules or alterations of rules, shall be liable
to a penalty not exceeding fifty pounds for each offence.

17. The registrars of the friendly societies in England, Scotland, and
Ireland shall be the registrars under this Act.

The registrar shall lay before Parliament annual reports with resj^ect
to the matters transacted by such registrars in pursuance of this Act.

18. If any person with intent to mislead or defraud gives to any
member of a trade union registered under this Act, or to any person
intending or ap})lying to become a meml:)er of such trade union, a
copy of any rules or of any alterations or amendments of the same
other than those respectively which exist for the time being, on the
pretence that the same are the existing rules of such trade union, or
that there are no other rules of such trade union, or if any person
■with the intent aforesaid gives a cojsy of any rules to any person on
the pretence that such rules are the rules of a trade union registei^ed
under this Act which is not so registered, every person so offending
shall be deemed guilty of a misdemeanor.

Legal Proceediny.s:

19. In England and Ireland all offences and penalties under this Act
may be prosecuted and recovered in manner directed by The Summarj^
J^irisdiction Acts.

In England and Ireland summary orders under this Act may be
made and enforced on complaint before a court of summary jurisdiction
in manner provided by The Sunnuary Jurisdiction Acts.
Provided as follows :
1. The " Court of Summary Jurisdiction," when hearing and deter-
mining an information or complaint, shall be constituted in some one of
the following manners ; that is to say,
(a.) In England,

(1.) In any place within the jurisdiction of a metropolitan police

£ R



GIO THE LAM' OF 1\I ASTER AND SERVANT.

magistrate or other slipfiuliaiy magistrate, of sucli magis-
trate or Ids substitute :
(2.) In tbe city of Loudon, of tlir l^orcl Mayor or any alderman of

the said city :
(3.) In any otlier place, of two or more justices of the peace sitting
in petty sessions.
(b.) In Ireland,

(1.) In tlie police district of Duldin metropolis, of a divisional

justice :
(2.) In any other place, of a resident magistrate.
In Scotland all offences and penalties under this Act shall be
prosecuted and recovered by the procurator ilscal of the county in
the Sheriff Court under the pro\'isions of The Summary Procedure
Act, 1864.

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 sheriff's 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 l)y tlie 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.

20. 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 fol-
lowing :

(1.) The appeal shall be made to some court of general or quarter
sessions for the county or place in which the cause of appeal
has arisen, liolden not less than fifteen days and not more than
four months after the decision of the court from which the
appeal is made :

(2.) The appeUant shall, within seven days after the cause of appeal
has arisen, give notice to the other party and to the court
of summary jurisdiction of his intention to appeal, and of
the ground thereof :

(3.) The appellant shall immediately after such notice enter into a
rccf)gnizance before a justice of the peace in the sum of ten
pounds with two sufficient sureties in the sum of ten



TRADE UNIONS. CU

pounds, conditioned personally to try such appeal, and to
abide the judgment of the cnurt there(jn, and to pay such
costs as may he awarded by the court :

(4.) Where the appellant is in custody the justice may, if he think
lit, on the appellant entering into such recognizance as afore-
said, release him from custody :

(5.) The court of appeal may adjourn the appeal, and upon the
hearing thereof they may conUrm, reverse, or modify the de-
cision of the court of summary jurisdiction, or remit the
matter to the court of sunnnary jurisdiction, with the opinion
of the court of appeal thereon, or make such other order in
the matter as the court thinks just, and if the matter be
remitted to the court of summary jurisdiction the said last-
mentioned court shall thereupon re-hear and decide the
information or complaint in accordance with the opinion of
the said court of appeal. The court of appeal may also
make such order as to costs to be paid by either party as the
court thinks just.

21. In Scotland it shall be competent to any person to appeal against
any order or conviction under this Act to 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 tlie twentieth years 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 imprisonment for a term to
be specified in the summons or complaint, but not exceeding three
calendar months.

All penalties imposed and recovered imder the provisions of this Act
in Scotland shall be paid to the sheriff clerk, and shall be accounted for
and i)aid by him to the Queen's and Lord Treasurer's Remembrancer on
behalf of the Crown.

22. A person who is a master, or father, son, or brother of a master,



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 64 of 77)