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Provise.

Provise.

magistrate or justices having jurisdiction in cases of complaint for offences under this Act, 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, 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 paid improperly, and to pay, if the court thinks fit, a further sum of money not exceeding one hundred dollars, together with costs not exceeding five dollars, and in default of such delivery of effects or payment of such amount of money, or payment of such penalty and costs as aforesaid, the said court may order the person so convicted to be imprisoned, with or without hard labour, for any time not exceeding three months :-Provided that nothing in this Act shall prevent the trade union from proceeding by indictment against the said party and provided also, that no person shall be proceeded against by indictment if a conviction has been previously obtained for the same offence under the provisions of this Act.

Regulations respecting registry.

Governor in
Council may

REGISTRY OF TRADE UNIONS.

13. With respect to the registry, under this Act, of trade unions, the following provisions shall have effect:

1. An application to register the trade union and printed copies of its rules, together with a list of the titles and names of its officers, shall be sent to the Registrar under 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 such rules;

3. No trade union shall be registered under a name identical with that under which any other trade union has been registered, or so nearly resembling such name as to be likely to deceive the members or the public;

4. Where a trade union applying to be registered has been in operation for more than a year before the date of such application, there shall be delivered to the Registrar, before the registry thereof, a general statement of the receipts, funds, effects and expenditure of such trade union, in the same form, and showing the same particulars as if it were the annual general statement required as hereinafter mentioned 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 complied with;

6. The Governor in Council may from time to time make make further regulations respecting registry under this Act, and respecting the regulations:

seal,

seal, (if any) to be used for the purpose of 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 schedule to this Act, and generally for carrying this Act into effect.

14. With respect to the rules of a trade union registered under Rules of 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 demand, on payment of a sum not exceeding twenty-five cents.

registered unions.

Trade unions to have a

office.

15. Every trade union registered under this Act shall have a registered registered office to which all communications and notices may be addressed if any trade union registered under this Act is in operation for seven days without having such an office, such trade union and every officer thereof shall each incur a penalty not exceeding twenty-five dollars for every day during which it is so in operation. Notice of the situation of such registered office and of Notice of such any change therein, shall be given to the Registrar and recorded by office. him; until such notice is given the trade union shall not be deemed to have complied with the provisions of this Act.

Annual

Registrar.

16. A general statement of the receipts, funds, effects and ex- returns to the penditure 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 liabilities at the date, and the receipts and expenditure of the trade union, during the year next preceding the date to which it is made out, and shall show separately the expenditure in respect of the several objects of the trade union, and shall be prepared and made out to such date, in such form, and shall comprise such particulars, as the Registrar may from time to time require; and every member of and depositor in any such trade union shall be entitled to receive, on application to the Secretary or Treasurer of the trade union, a copy of such general statement without making any payment for the same. Together with such general statement there shall be sent to the Registrar a copy of all alterations of rules, and new rules and change 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 that fails to comply with or acts in con- Penalty for neglect. travention of this section, and also every officer of the trade union so failing, shall each be liable to a penalty not exceeding twentyfive dollars for each offence. Every person who wilfully makes or 9 Every

Or for false returns.

Registrar and

annual report

by him.

Punishment

for circulating

rules of a

union.

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 or rules or alterations of rules shall be liable to a penalty not exceeding two hundred dollars for each offence.

17. The Registrar General of Canada shall be the Registrar under this Act. The Registrar shall lay before Parliament annual reports with respect to the matters transacted by him as such in pursuance of this Act.

18. If any person with intent to mislead or defraud gives to false copies of any member of a trade union registered under this Act, or to any person intending or applying to become a member 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 copy of any rules to any person under 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 guilty of a misdemeanor.

Enforcing penalties.

33 V.,

c. 27.

19. All offences and penalties under this Act may be prosecuted and recovered under the Act passed in the Session held in the thirty-second and thirty-third years of Her Majesty's 32, 33 V., c. 31. reign and intituled, "An Act respecting the duties of Justices of the Peace out of Sessions, in relation to summary convictions and. orders," as amended by the Act passed in the thirty-third year of Her Majesty's reign and intituled, "An Act to amend the Act respecting the duties of Justices of the Peace out of Sessions, in relation to summary convictions and orders, and any Act passed in the present session amending the same: Provided that the complaint or information shall be brought, heard and determined before some Stipendiary or Police Magistrate or other functionary having by law the powers of two Justices of the Peace, if the offence was committed in any city, town or place in which any such magistrate or functionary has jurisdiction; and if the offence be committed elsewhere, then before two Justices of Proviso, as to description of the Peace :-Provided that,

Proviso, if
there be a
Stipendiary
Magistrate,

&c.

offence, &c.

1. The description of any offence against this Act in the words of this Act shall be sufficient in law, and

2. That any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified in the information; and if so specified and negatived, no proof in relation to the matters specified and negatived shall be required on the part of the informant or prosecutor,

20. If any party feels aggrieved by any order or conviction Appeal, made in determining any complaint or information under this Act, such party may appeal therefrom in the manner and subject to the conditions provided with respect to appeals from summary convictions and orders, by the Acts cited in the next preceding section of this Act or any Act amending them which may be passed in the present session.

21. No person who is a master, or the father, son or brother of Certain parties a master, in the particular trade or business in or in connection not to act as Magistrates. with which any offence under this Act is charged to have been committed, shall act as a magistrate or Justice of the Peace, in any case of complaint or information under this Act, or as a member of any court for hearing any appeal in any such case.

INTERPRETATION.

considered

22. In this Act, the term "Trade Union" means such com- Trade Union, bination, whether temporary or permanent, for regulating the what to be relations between workmen and masters, or for imposing restric- as one. tive conditions on the conduct of any trade or business, as would, if this Act 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-Provided that this Act shall Froviso: 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 andicraft.

certain agreements excepted.

saved.

23. Any statute or law inconsistent with this Act is hereby Pending cases repealed, but such repeal shall not affect any case pending before any court or tribunal at the coming into force of this Act, which shall not apply to any such pending case.

SCHEDULES.

FIRST SCHEDULE.

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 which may 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, and 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.

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Preamble.

Persons doing

CAP. XXXI.

An Act to amend the Criminal Law relating to Violence,
Threats and Molestation.

[Assented to 14th June, 1872.]

ER MAJESTY, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as

HER

follows:

1. Every person who does one or more of the following acts, that certain things is to say:

are

1. Uses violence to any person or any property,

2. Threatens or intimidates any person in such manner as 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,

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