Blacks Law Dict. 1st ed

BYE-13IL-WUFFA

BY-LAWS

161

ions read In the oase referred to, the view was clearly expressed that the reasonableness of a cor porate regulation was properly for the considera tion of the jury, and not of the court, yet it was nevertheless stated that the point was not involved in the controversy then to be decided. There is no doubt that the rule thus intimated is in opposi tion to recent American authorities. Nor have I been able to find in the English books any such distinction as that above stated between a by-law and a regulation ot a corporation." 34 N. J. Law, 135. The word has also been used to designate the local laws or municipal statutes of a city or town. But of late the tendency is to em ploy the word "ordinance" exclusively for this class of enactments, reserving "by-law" for the rules adopted by private corporations. BY LAW MEN. In English law. The chief men of a town, representing the in habitants. BY-BOAD. The statute law of New Jer sey recognizes three different kinds of roads:

A public road, a private road, and a by road. A by-road is a road used by the in habitants, and recognized by statute, but not laid out. Such roads are often called "drift ways. " They are roads of necessity in new ly-settled countries. 29 N. J. Law, 516. See, also, Id. 68. An obscure or neighborhood road in its earlier existence, not used to any great ex tent by the public, yet so far a public road that the public have of right free access to it at all times. 34 N. J. Law, 89. BY THE BY. Incidentally; without new process. A term used in former En glish practice to denote the method of filing a declaration against a defendant who was al ready in the custody of the court at the suit of a different plaintiff or of the same plaintiff in another cause. BYE-BIL-WUFPA. In Hindu law. A. deed of mortgage or conditional sale.

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