Goods, when to be removed.

Passengers' luggage.

Appropriation of tolls, &c.

Annual abstract of accounts to be published.

Exemption from

rates.

Kadina to Barunga Gap Railway Act.-1876.

10. Owners or consignees of articles shall remove the same from the station or terminus on their destination of the said Railway within twelve working hours after their arrival there, unless such arrival shall be between the hours of four in the evening and seven in the morning, and in that case every such removal shall be made within six hours after such hour in the morning, and in default of such removal shall be liable to demurrage at and after the rate of Two Shillings and Sixpence per ton; and further, if not removed after the expiration of twenty-four hours at and after the rate of One Shilling per ton for every twenty-four hours or any part thereof: Provided, nevertheless, that if such articles be not removed from such station or terminus of their destination before the end of one week after their arrival there, the sum of Two Shillings and Sixpence per ton per week shall be charged and payable in respect of such goods for the warehouse-room thereof.

11. Every passenger travelling upon the said Railway may take with him his ordinary luggage, not exceeding one hundred pounds in weight for first-class passengers, and sixty pounds in weight for other passengers, without any charge being made for carriage thereof.

12. All tolls, rents, dues, charges, and sums of money, which may at any time be received and levied under authority hereof, and all rents to arise from any lease of the said Railway, shall be, from time to time, in such manner as the Governor may prescribe, paid to the Treasurer for the public purposes of the said Province.

13. The said Commissioner shall, on or before the first day of August in every year, prepare an annual account in abstract of the total receipts and expenditure under authority hereof for the Railway by this Act authorized to be constructed, from what source soever the same may be derived, for and during the preceding year ending the thirtieth day of June, under the several distinct heads of receipt and expenditure, with a statement of the balance of the same account duly audited and certified by the Treasurer, and also by the Auditor-General, and a copy of such account shall be published in the Government Gazette.

14. The Railway by this Act authorized to be constructed, shall be, and is hereby declared to be, exempt from all rates and taxes whatsoever, whether local or general.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

A. MUSGRAVE, Governor.

Adelaide By authority, W. C. Cox, Government Printer, North-terrace.

An Act to provide for the Formation and Registration of Trade

W

Unions.

[Assented to, 27th October, 1876.]

HEREAS it is expedient to provide for the formation and Preamble. registration of certain societies, known as Trade Unions

Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

PRELIMINARY.

1. This Act may be cited as "The Trade Union Act, 1876."

CRIMINAL PROVISIONS.

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

3. The purposes of any Trade Union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.

Short title.

Trade Union not

criminal.
Union Act, 1871,"
Imperial Act, "Trade
Sec. 2.

Trade Union not
unlawful for civil

purposes.
Sec. 3.

4. Nothing in this Act shall enable any Court to entertain any Trade Union contracts legal proceedings instituted with the object of directly enforcing or when not enforceable. recovering damages for the breach of any of the following agreements, namely—

A

1. Any

Sec. 4.

Provisions of certain

Acts not to apply to
Trade Unions.

Sec. 5 altered.

Registry of Trade
Unions.

Sec. 6 altered.

Land may be pur

for Trade Unions.

The Trade Union Act.-1876.

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:

11. Any agreement for the payment by any person of any sub-
scriptions or penalty to a Trade Union:

III. 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

IV. Any agreement made between one Trade Union and another;

or

v. Any bond to secure the performance of any of the abovementioned 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, 1850 and 1852, and the Acts amending the same: and

II. The Industrial Societies Act, 1864, and any Act amending the same and

III. The Companies Act, 1864, and any Act amending the same: shall not apply to any Trade Union, and the registration of any Trade Union under any of the said Acts shall be void.

REGISTERED TRADE UNIONS.

6. Any seven or more members of a Trade Union may, by subscribing their names to the rules of the union, and by making application in the form set forth in the First Schedule hereto, and otherwise complying with the provisions of this Act with 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.

7. It shall be lawful for any Trade Union registered under this Act chased or leased, &c., to purchase or take upon lease in the names of the trustees for the time being of such union any land, and to sell, exchange, mortgage, or let the same, and no purchaser, assignee, mortgagee, or tenant

Sec. 7.

shall

The Trade Union Act.-1876.

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.

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 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; 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.

against trustees, &c.

Sec. 9.

9. The trustees of any Trade Union registered under this Act, Actions, &c., by or or any other officer of such Trade Union who may be authorized 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.

trustees.

10. A trustee of any Trade Union registered under this Act shall Limitation of not be liable to make good any deficiency which may arise or happen responsibility of in the funds of such Trade Union, but shall be liable only for the Sec. 10. moneys which shall be actually received by him on account of such

Trade Union.

11. Every

Treasurer, &c., to account.

Sec. 11.

Punishment for withholding money, &c. Sec. 12 altered.

The Trade Union Act.-1876.

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 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 treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him, and shall also, if required, hand over to such trustees all securities and effects, books, papers, and property of the said Trade Union 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 rendered by him, and for all the moneys since received by him on account of the said Trade Union, and for the securities and effects, books, papers, 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 trustees 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 himself to be, a member of a Trade Union registered under this Act, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or imposi tion, obtain possession of any moneys, securities, books, papers, or other effects of such Trade Union, or, having the same in his possession, wilfully withhold or fraudulently misapply the same, or wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such Trade Union, or any part thereof, any Special Magistrate or two Justices of the Peace may, by summary order, order such officer, member, or other person to deliver up all such moneys, securities, books, papers, or other effects to the Trade Union, or to repay the amount of money applied improperly, and to pay, if the Court think fit, a further sum of money not exceeding Twenty Pounds, together with costs, and in default of such delivery of effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said Court may order the said person so convicted to be imprisoned, with or without hard labor, for any time not exceeding three months: Provided that nothing herein contained shall prevent the said Trade Union, or the Attorney-General, or other proper officer from proceeding by indictment against the said party: Provided also, that no person shall be proceeded against by indictment if a conviction shall have been previously obtained for the same offence under the provisions of this Act.

REGISTRY