Power of

council to
appoint
board of
examiners of
inspectors.

BOARD OF EXAMINERS.

34. The council of the corporation may appoint five persons to constitute a board of examiners to examine applicants for the office of inspector of flour and meal, or of any other article subject to inspection, and may do all such other acts, matters and things connected with the inspection of flour and meal or any other article, and shall have as full power and be subject to the same conditions as those required of and conferred upon the councils of the boards of trade by the Inspection and Sale Act; and the said examiners and inspector shall be subject to all the provisions touching their office set forth in the said Act. R.S., c. 130, s. 25.

Weighers to be examined.

Weigher to take oath.

Form of oath.

Custody of oath.

LICENSING OF WEIGHERS.

35. Whenever the council of any board of trade has passed a by-law, requiring that every weigher employed in connection with a grain elevator within the district for which such board of trade is established, shall be licensed and shall take the oath hereinafter provided, such board of trade may cause any person who makes application to be licensed as a weigher at grain elevators, to be examined as to his capacity in such manner as the council deems meet, which council may, if satisfied of the fitness of the applicant to perform his duties, issue a license to him to act as a weigher; and in such case every person who acts as a weigher at a grain elevator within such district shall, unless he has been so licensed and has taken the oath of office hereinafter mentioned, be liable, on summary conviction, to a penalty of ten dollars for each offence. 50-51 V., c. 37, s. 2.

36. Every weigher so licensed shall forthwith take and subscribe before a justice of the peace an oath of office in the form or to the effect following:

I, A.B., do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my skill and ability, execute and perform the duties of weigher. So help me God.'

2. The oath so taken shall remain in the custody of the justice of the peace administering it, and any copy thereof certified by the said justice of the peace shall be prima facie evidence of such oath having been taken and subscribed in accordance with the provisions of this Act. 50-51 V., c. 37,

s. 3.

Board of trade may

Dominion

AFFILIATION WITH DOMINION BOARD.

37. Any board of trade duly registered as aforesaid, under affiliate with the provisions of this Act, may become affiliated with the Dominion Board of Trade, on duly complying with all the terms Trade. and requirements of that organization, and may be represented at all its ordinary or special general meetings, held from time 2208

Board of

to

to time: Provided that the delegates or representatives to the Dominion board of trade shall be elected at a general meeting, duly convened, of the board of trade desiring such affiliation as aforesaid. R.S., c. 130, s. 26.

CHANGE OF NAME.

38. Upon application by the corporation under its corporate Change of seal, and signed by its president and secretary, the name of name. any such corporation may be changed, if the Governor in Council is satisfied that such change is not desired for any improper purpose and is not otherwise objectionable. 57-58 V., c. 23, s. 3.

in Canada

39. Any such change of name shall be conclusively estab- Publication lished by the insertion in the Canada Gazette by the Secretary Gazette. of State of a notice of such change. 57-58 V., c. 23, s. 3.

in rights or

40. No rights or liabilities of the corporation shall be No change affected by a change of its name, and all actions commenced liabilities.by or against the corporation prior to such change may be proceeded with by or against it under its former name. 57-58 V., c. 23, s. 3.

SCHEDULE.

FORM A.

Know all men, that the undersigned

and

the undersigned (if there are more parties, that is, more
separate interests, mention them) having a difference as to the
respective rights of the said parties, as in the case hereunto
subjoined, have agreed and bound themselves under a penalty
of
dollars, to perform and abide by the award to be
made by the Board of Arbitration of the Board of Trade of
in the case aforesaid, under the penalty aforesaid,
to be paid by the party refusing to perform or abide by such
award to the party ready and willing to perform or abide by
the same.

In witness whereof, the said parties have hereunto set their hands and affixed their seals at the

of

FORM B.

I swear that I will faithfully, impartially and diligently perform my duty as a member of the Board of Arbitration of the Board of Trade of , and that I will, in all cases in which I shall act as arbitrator, give a true and just award, according to the best of my judgment and ability, without fear, favour or affection, of or for any person whomsoever. So help me God. R.S., c. 130, sch.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

2210

CHAPTER 125.

An Act respecting Trade Unions.

SHORT TITLE.

1. This Act may be cited as the Trade Unions Act. R.S., Short title. c. 131, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires, trade Trade union' means such combination, whether temporary or per- Union.' manent, for regulating the relations between workmen and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, but for this Act, have been deemed to be an unlawful combination by reason of some one or more of its purposes being in restraint of trade. R.S., c. 131, s. 2.

APPLICATION.

3. This Act shall not affect,

(a) any agreement between partners as to their own busi- Certain

ness;

(b) any agreement between an employer and those employed by him as to such employment;

(c) any agreement in consideration of the sale of the goodwill of a business, or of instruction in any profession, trade or handicraft. R.S., c. 131, s. 3.

agreements not affected.

4. Nothing in this Act shall enable any court to entertain Certain legal any legal proceeding instituted with the object of directly not authorproceedings enforcing or recovering damages for the breach of any agree- ized by this ment,—

(a) between members of a trade union, as such, concerning the conditions on which any members for the time being of the trade union shall, or shall not, sell their goods, transact business, employ or be employed;

(b) for the payment by any person of any subscription or penalty to a trade union;

(c) for the application of the funds of a trade union, (i) to provide benefits to members, or

Act.

(ii)

Agreement

not unlawful

(ii) to furnish contributions to any employer or work-
man, 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
(iii) to discharge any fine imposed upon any person by
sentence of a court of justice;

(d) made between one trade union and another; or,
(e) bond to secure the performance of any of the above
mentioned agreements.

2. Nothing in this section shall be deemed to constitute any thereunder. of the agreements above mentioned unlawful. R.S., c. 131,

Application of certain Acts.

Trade union may be registered.

Registrar.

Registry.

Application.

Registration.

Name.

Statement

of affairs.

S. 4.

5. No Act in force in Canada providing for the constitution and incorporation of charitable, benevolent or provident institutions, shall include or apply to trade unions; and this Act shall not apply to any trade union not registered under this Act. R.S., c. 131, s. 5.

CONSTITUTION AND REGISTRY.

6. 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, but if any one of the purposes of such trade union is unlawful, such registration shall be void. R.S., c. 131, s. 6.

7. The Registrar General of Canada shall be the Registrar under this Act. R.S., c. 131, s. 13.

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

(a) 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;

(b) 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;

(c) 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;

(d) If a trade union which applies 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 was 2212

the