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SCOTS STATUTES REVISED,

1707 TO 1900.

STATUTES OF QUEEN VICTORIA.

34 & 35 VICTORIA, 1871.

CHAPTER III.

THE PARLIAMENTARY Costs Act, 1871 (Short Titles Act, 1896). AN ACT to empower Committees on Bills confirming or giving effect to Provisional Orders to award costs and examine witnesses on oath.

[28th February 1871.) (S. 1 rep. 46 & 47 Vict. c. 39 (S.L.R.).] 2. POWER TO SELECT COMMITTEES ON BILLS CONFIRMING PROVISIONAL ORDERS TO AWARD Costs.--Any Select Committee of either House of Parliament to which any Bill for confirming or giving effect to Provisional Orders has been referred, in relation to any Provisional Order therein contained, may award costs, in like manner and under the same conditions under which costs may be awarded by any Select Committee under the Parliamentary Costs Act, 1865; and the provisions of the said Act, so far as they are applicable, shall have effect accordingly.

[S. 3 rep. 34 | 35 Vict. c. 83, s. 2.) 4. INTERPRETATION.—For the purpose of this Act, the words “Provisional Order” shall include provisional certificates, schemes, and orders in the nature of Provisional Orders, made under the authority of any statute, and requiring to be confirmed, sanctioned, or carried into effect by Act of Parliament.

CHAPTER XVI.

THE ANATOMY Act, 1871. (Sect. 1.) AN ACT to amend the Act of the second and third years of William the Fourth, chapter seventy-five, for regulating Schools of Anatomy.

[25th May 1871.) [Preamble recites 2 & 3 Will. 4, c. 75.] 1. CONSTRUCTION AND SHORT TITLE. — This Act shall be construed as one with the recited Act, and the recited Act and this Act may be cited as “The Anatomy Acts, “ 1832 and 1871,” and each of them may be cited as the Anatomy Act of the year in which it was passed. 1

1

S.S.R. VI.

2. POWER TO SECRETARY OF STATE TO VARY PERIOD FOR TRANSMISSION OF CERTIFICATES OF INTERMENT TO DISTRICT INSPECTORS.—It shall be lawful for one of Her Majesty's Principal Secretaries of State in that part of the United Kingdom called Great Britain, and for the Chief Secretary for Ireland in that part of the United Kingdom called Ireland, from time to time, by order, to vary the period limited by section thirteen of the recited Act as the time within which certificates of interment are to be transmitted to the inspectors of districts.

CHAPTER XVII.

THE BANK HOLIDAYS Act, 1871. (Sect. 7.) AN ACT to make provision for Bank Holidays, and respecting obligations to make payments and do other acts on such Bank Holidays.

[25th May 1871.]

[Preamble.] 1. Bills DUE ON BANK HOLIDAYS TO BE PAYABLE ON THE FOLLOWING DAY.—The several days in the schedule to this Act mentioned (and which days are in this Act herein-after referred to as bank holidays) shall be kept as close holidays in all banks in England and Ireland and Scotland respectively, and all bills of exchange and promissory notes which are due and payable on any such bank holiday shall be payable, and in case of non-payment may be noted and protested, on the next following day, and not on such bank holiday; and any such noting or protest shall be as valid as if made on the day on which the bill or note was made due and payable; and for all the purposes of this Act the day next following a bank holiday shall mean the next following day on which a bill of exchange may be lawfully noted or protested.

2. PROVISION AS TO NOTICE OF DISHONOUR AND PRESENTATION FOR HONOUR. -When the day on which any notice of dishonour of an unpaid bill of exchange or promissory note should be given, or when the day on which a bill of exchange or promissory note should be presented or received for acceptance, or accepted or forwarded to any referee or referees, is a bank holiday, such notice of dishonour shall be given and such bill of exchange or promissory note shall be presented or forwarded on the day next following such bank holiday.

3. As TO ANY PAYMENTS ON BANK HOLIDAYS.-No person shall be compellable to make any payment or to do any act upon such bank holidays which he would not be compellable to do or make on Christmas Day or Good Friday ; and the obligation to make such payment and to do such act shall apply to the day following such bank holiday; and the making of such payment and doing such act on such following day shall be equivalent to payment of the money or performance of the act on the holiday.

4. APPOINTMENT OF SPECIAL BANK HOLIDAYS BY ROYAL PROCLAMATION.—It shall be lawful for Her Majesty, from time to time, as to Her Majesty may seem fit, by proclamation, in the manner in which solenın fasts or days of public thanksgiving may be appointed, to appoint a special day to be observed as a bank holiday, either throughout the United Kingdom or in any part thereof, or in any county, city, borough, or district therein, and any day so appointed shall be kept as a close holiday in all banks within the locality mentioned in such proclamation, and shall, as regards bills of exchange and promissory notes payable in such locality, be deemed to be a bank holiday for all the purposes of this Act.

5. DAY APPOINTED FOR BANK HOLIDAY MAY BE ALTERED BY ORDER IN Council. It shall be lawful for Her Majesty in like manner, from time to time, when it is made to appear to Her Majesty in Council in any special case that in any year it is inexpedient that a day by this Act appointed for a bank holiday should be a bank holiday, to declare that such day shall not in such year be a bank holiday, and to appoint such other day as to Her Majesty in Council may seem fit to be a bank holiday instead of such day, and thereupon the day so appointed shall in such year be substituted for the day so appointed by this Act.

[S. 6 rep. 38 | 39 Vict. c. 13, s. 3.]

7. SHORT TITLE.—This Act may be cited for all purposes as “The Bank Holidays “ Act, 1871."

SCHEDULE.

Bank Holidays in England and Ireland.
Easter Monday.
The Monday in Whitsun week.
The first Monday in August.
The twenty-sixth day of December, if a week day.

Bank Holidays in Scotland.
New Year's Day.
Christmas Day.
If either of the above days falls on a Sunday the next following Monday shall

be a bank holiday.
Good Friday.
The first Monday of May.
The first Monday of August.

CHAPTER XXVII.

THE DEBENTURE STOCK Act, 1871. (Sect. 3.)

AN Act to remove doubts as to the power of Trustees to invest Trust Funds in Debenture Stocks.

[29th June 1871.) [Preamble recites 26 8. 27 Vict. c. 118.] 1. POWER TO TRUSTEES TO INVEST IN DEBENTURE STOCK.- Where a power has before the passing of this Act been or shall at any time hereafter be given to trustees to invest trust funds in the mortgages or bonds of a railway company or of any other description of company, such power shall, unless the contrary is expressed in the instrument creating the power, be deemed to include a power to invest such funds in the debenture stock of a railway company or such other company as aforesaid, and an investment of trust funds in debenture stock may be made accordingly.

2. DEFINITION OF “ TRUSTEES.”—The expression “trustees” shall include executors and administrators and any other persons holding funds in a fiduciary capacity.

3. This Act may be cited for all purposes as “The Debenture Stock Act, 1871."

CHAPTER XXXI.

THE TRADE UNION Act, 1871. (Sect. 1.) An Act to amend the Law relating to Trade Unions. [29th June 1871.]

Preliminary. 1. SHORT TITLE.—This Act may be cited as The Trade Union Act, 1871."

Criminal Provisions. 2. TRADE UNION NOT CRIMINAL.—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.

same; and

3. TRADE UNION NOT UNLAWFUL FOR CIVIL PURPOSES.—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.

4. Trade Union CONTRACTS, WHEN NOT ENFORCEABLE.—Nothing in this Act shall enable any court to entertain any legal proceeding instituted with 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, 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 : 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 hy 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.

5. PROVISIONS OF 18 & 19 Vict. c. 63, &c., 30 & 31 Vict. c. 117, 25 & 26 VicT. C. 89, &c., NOT TO APPLY TO TRADE UNIONS.—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

(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. 6. REGISTRY OF TRADE UNIONS.-Any seven or more members of a trade union may by subscribing their names to the rules of the union, 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. BUILDINGS FOR TRADE UNIONS MAY BE PURCHASED OR LEASED. -It shall be lawful for any trade union registered under this Act to purchase or take upon lease in the names of the trustees for the time being of such union any land not exceeding one acre, and to sell, exchange, mortgage, or 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.

8. PROPERTY OF THE TRADE UNIONS VESTED IN TRUSTEES.—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, [hor of the trustees of the trade union, if the rules of the trade union so provide] 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

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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.

1 Words in brackets inserted by 39 & 40 Vict. c. 22, 8. 3. 9. Actions, &c. BY OR AGAINST TRUSTEES, &c.—The trustees of any trade union registered under this Act, 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.

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

11. TREASURERS, &C. TO ACCOUNT.—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 herein-after 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 monies 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 forth with 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. PUNISHMENT FOR WITHHOLDING MONEY, &c.—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 imposition 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, the court of summary jurisdiction for the place in which the registered office of the trade union is situate, upon a complaint made by any person on behalf of such trade union, or by the registrar, or in Scotland at the instance of the procurator fiscal of the court to which such complaint is competently

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