The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

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Identifikator:: 875232663

URN:: urn:nbn:de:zbw-retromon-2698

Document type:: Monograph

Title:: The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

Place of publication:: with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index$gTenth edition, revised and enlarged

Publisher:: Shaw and Sons

Year of publication:: 1881

Scope:: 1 Online-Ressource (XII, 303 Seiten)

Digitisation:: 2017

Collection:: Economics Books

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Title:: Part II. Friendly societies not registered

Collection:: Economics Books

138 FRIENDLY SOCIETIES NOT REGISTERED. An example of the application of these remarks is afforded hy trade unions, respecting which some misappre hension has prevailed both with regard to the legal status of those existing prior to, and of those not registered under, the Act of 1871. By 18 & 19 Yict. c. 63, s. 44, any society for the purposes authorized hy that Act as those of a friendly society, or for any purpose (ejusdem generis under stood) not illegal, might, by mere deposit of its rules, have obtained the power of settling disputes in the manner its rules provided, and that of proceeding against defaulters hy a summary method. The cases of Hornby v. Close, 8 B. & S. 175, and Farrar v. Close, L. B. 4 Q. B. 602, established the doctrine that trades unions, not having objects analogous to those of a friendly society, were not entitled to the benefit of this section. These cases did not imply, however, that the objects of trades unions were unlawful, in the sense of being criminal, or to such an extent as to deprive the members of any right they possessed at common law, or by prior statute, to combine together. (See remarks of Blackburn, J., in B. v. Stephenson, L. B. 7 Q. B. 741.) A trade union, so long as it did not infringe the “ Combination Acts,” was as lawful as any other voluntary society (a). Though an unregistered society is not necessarily un lawful, it has none of the facilities and privileges secured by registration, and is in law a mere partnership or club (b). (a) The Trade Union Act Amendment Act, 1876 (39 & 40 Viet. e. 22, s. 16), amends the definition of a trade union given in the Act of 1871, so as to include such regulation of trade as would have been lawful before the passing of the Act. A trade ■union is now defined to be a “ 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, whether such combination would or would not, if the principal Act” (£. e., the Act of 1871) “ had not been passed, have been deemed to be an unlawful ■combination by reason of some one or more of its purposes being in restraint of trade.” (b) There is a distinction between a club and a partnership, and a friendly society partakes of the characters of both. In a

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