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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 copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Act which is not so registered, every person so offending shall be deemed gulty of a misdemeanor.
19. In England and Ireland all offences and penalties under this Act may be prosecuted and recovered in manner directed by The Summary Jurisdiction 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 Summary Jurisdiction Acts
Provided as follows:
1. The "Court of Summary Jurisdiction," when hearing and determining 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 magistrate or other stipendiary magistrate, of such magistrate or his substitute:
(2.) In the city of London, of the Lord Mayor or any alderman of the said city:
(3.) In any other place, of two or more justices of the peace sitting in petty sessions.
(B.) In Ireland.
(1.) In the police district of Dublin 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 fiscal of the county in the Sheriff Court, under the provisions 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 sheriffs 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 by the 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 following:
(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, holden 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 appellant 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 recognizance before a justice of the peace in the sum of ten pounds, with two sufficient sureties in the sum of ten pounds, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court: (4.) Where the appellant is in custody the justice may, if he think fit, on the appellant entering into such recognizance as aforesaid, release him from custody:
(5.) The court of appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary 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 the twentieth year 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 under the provisions of this Act in Scotland shall be paid to the sheriff clerk, and shall be accounted for and paid 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, in the particular manufacture, trade, or business in or in connection with which any offence under this Act is charged to have been committed shall not act as or as a member of a court of summary jurisdiction or appeal for the purposes of this Act.
23. In this Act.
The term Summary Jurisdiction Acts means as follows:
As to England, the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intitled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and any Acts amending the same:
As to Ireland, within the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district, and elsewhere in Ireland, "The Petty Sessions (Ireland) Act, 1851," and any Act amending the same.
In Scotland the term "misdemeanor " means a crime and offence. The term "trade union" means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, if this Act had not passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade: Provided that this Act shall not affect
1. Any agreement between partners as to their own business; 2. Any agreement between an employer and those employed by him as to such employment;
3. Any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade, or handicraft.
24. The Trades Unions Funds Protection Act, 1869, is hereby repealed.
Provided that this repeal shall not affect
(1.) Anything duly done or suffered under the said Act:
(3.) Any penalty, forfeiture, or other punishment incurred
Of matters to be provided for by the Rules of Trade Unions Registered under this Act.
1. The name of the trade union and place of meeting for the business of the trade union.
2. The whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become. entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such trade union.
3. The manner of making, altering, amending, and rescinding rules.
4. A provision for the appointment and removal of a general committee of management, of a trustee or trustees, treasurer, and other officers.
5. A provision for the investment of the funds, and for an annual or periodical audit of accounts.
6. The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union.
[34 & 35 VICT.] Criminal Law Amendment (Violence,
An Act to amend the Criminal Law relating to Violence, Threats, and Molestation. [29th June 1871.]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. Every person who shall do any one or more of the following acts, that is to say,
(1.) Use violence to any person or any property,
would justify a justice of the peace, on complaint made to him, to bind over the person so threatening or intimidating to keep the peace, in manner defined by this section,
(3.) Molest or obstruct any person in manner defined by this section, with a view to coerce such person,
(1.) Being a master to dismiss or to cease to employ any workman, or being a workman to quit any employment or to return work before it is finished;
(2.) Being a master not to offer or being a workman not to accept any employment or work;
(3.) Being a master or workman to belong or not to belong to any temporary or permanent association or combination;
(4.) Being a master or workman to pay any fine or penalty imposed by any temporary or permanent association or combination;
(5.) Being a master to alter the mode of carrying on his business, or the number or description of any persons employed by him,
shall be liable to imprisonment, with or without hard labor, for a term not exceeding three months.
A person shall, for the purposes of this Act, be deemed to molest or obstruct another person in any of the following cases; that is to say,
(1.) If he persistently follow such person about from place to
(2.) If he hide any tools, clothes, or other property owned or used by such person, or deprive him of or hinder him in the use thereof: