KFLCC Kingdom Law 2nd Ed.

159

BYE-BIL-WUFFA

BY-LAWS

or town. But of late the tendency is to em ploy the word "ordinauce" exclusively for this class of enactments, reserving "by-law" for the rules adopted by private corporations. In English law. The chief men of a town, representing the in habitants. BY-ROAD. 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. Van Blarcom v. Frike, 29 N. J. Law, 516. See, also, Stevens v. AUen, 29 N. J. Law, 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. Wood v. Hurd, 34 N. J. Law, 89. BY THE BY. Incidentally; without new process. A term used in former English practice to denote the method of filing a dec laration 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-BIIi-WUFFA. In Hindu law. A deed of mortgage or conditional sale. BY LAW MEN.

formula of reply by a prisoner, when ar Taigned at the bar, to the question, "Culprit, how wilt thou be tried?" BY-LAWS. Regulations, ordinances, or rules enacted by a private corporation for its own government A by-law is a rule or law of a corporation, for its government, and is a legislative act, and the solemnities and sanction required by the charter must be observed. A resolution is not necessarily a by-law though a by-law may be in the form of a resolution* Peck v. Elliott, 79 Fed. 10, 24 O. C. A. 425, 38 L. R. A. 616; Mining Oo. v. King, 94 Wis. 439, 69 N. W. 181, 36 L. R. A. 51; Bagley v. Oil Co., 201 Pa. 78, 50 Atl. 760, 56 L. R. A. 184; Dairy Ass'n v. Webb, 40 App. Div. 49, 57 N. Y. Supp. 572. "That the reasonableness of a by-law of a corporation is a question of law, and not of fact, has always been the established rule; but in the case of State v. Overton, 24 N. J. Law, 435, 61 Am. Dec. 671, a distinction was taken in this respect between a by-law and a regula tion, the validity of the former being a judi cial question, while the latter was regarded as a matter tn pais. But although, in one of the opinions read in the case referred to, the view was clearly expressed that the reasonableness of a corporate regulation was properly for the consideration 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 opposition 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 regula tion of a corporation." Compton v. Van Vol kenburgh, 34 N. J. Law, 135. The word has also been used to designate the local laws or municipal statutes of a city