Page:Black's Law Dictionary (Second Edition).djvu/167

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BY-LAWS

formula of reply by a prisoner, when urraigned at the bar. to the question, “Culprit, how wilt thou be tried?"

{{anchor+|.|BY-LAWS. Regulations, ordinances, or rnies enacted by a private corporation for its own government.

A by-iaw is a rule or law of a corporation, for its government, and is a legisletive act, and the solemnities and sanction required in the charter must he observed. A rcsniution is no necessarily a by-law though a by-law may be in the form of a resnintion. Peek v. Elliott, 79 Fed. 10. 2-1 G. 0..-1. 425, 33 L. R. A. 616; lliunng Co. v. Kine’, 94-. Wis. 439. 69 N. W. 131. 3G L. R. A. 51; Bagley v. Oil Co.. 201 Pa. 73, .70 All. 760, 56 L. R. A. 18-1; Dairy Ass'n V. Webb. 40 App. Div. 49. 57 N. Y. Supp. 5572.

‘Flint the reusonnbieness of a by-iaw of a rorparntion is a question of law, and not of [net has always been the established rule; but in the case of State v. Overtun. 24 N. J. Law, 435, 61 Am. Dec. fil, a distinction was taken II] this respect between a by-law and a regulation, the validity of the former being a judi- (‘J61 question, while the latter was regarded as a matter in pads. But although, in one of the opinions read in the case referred to, the view was cit.-ariv expressed that the reasonableness of a corporate regulation was properiy for the consideration of the jury, and not of the court, yet it was nemrtheless stated that the point was not invoived in the controversy then to be fletidrd. There is no doubt that the ruie thus lutimated is in opposition to recent American nuihorities. Nor have I been able to find in the English hooks any such distinction as that nhove stated between a by-inw and a regulation of a corporation." Compton v. Van Vol- keuburgh. 34 N. J. Law, 1 .

The word has also been used to designate the local laws or municipal statutes of a city

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B YE—BIL—WUFFA

or town. But of late the tendency ls to employ the word “ortllnnuc-e" exclusively for this class of enactments, reserving “by-l:rw" for the rules adopted by private corporations.

{{anchor+|.|BY LAW MEN. In English law. The chief men of a town, representing the inhabitnnts.

{{anchor+|.|BY-ROAD. The statute law of New Jursey recognizes three diilereut kinds of reads:

A public road, a private road, and a by- 0 road. A by-road is a road used by the inhabitants, and recognized by statute, but not laid out. Such roads are often caiied "dritt- woys.” They are roads of necessity in new- ly-settled countries. Van Biurcum v. F1-ike, 29 N. J. Law. 516. See, nlso, Stevens v. D Allen, 29 l\'. J. Law,

An obscure or neighborhood road ln its eariier existence, not used to any great extent by the public, yet so far a public ro.nl that the public have of right free access to it E at all times. Wood v. Hurd, 34 N. J. Law. 89.

{{anchor+|.|BY THE BY. Incidentally; without new process. A term used in former English practice to denote the method of filing :1 dec- F laration against a defendant who was al- ready in the custody of the court at the suit of a dii’l’erent plaintiff or of the same plaintiff to another cause.

{{anchor+|.|BYE-BIL-WUTFA. In Hindu law. A G

deed of mortgage or conditional sale