B Y L 



B Y L 



ftate of MafT'cliufctls, North Americai liavinc; a quany of 

 linii Hone, in wMch is found ailuilo^, and, in its vicinity, heau- 

 tifii'ly vnries;;itcd inavb'.c. A flomifiiing woollen manufaftonr 

 is alfc) cllablifhtd in this place, together with machinery for 

 cuttiiicr nails. 



BYGLAND, a lake of Norway, in the diocefe of Chrif- 

 tianfanLl, and diftricit of llaabyirdclacjat, formed by the river 

 Ottciae, on the weft fide of Byi;lefieid, and precipitating it- 

 ftlt at the waterfall of Fcnnie, in the parifli of K^je. 



IIV MORS, an illand of the Eaft Indies, lying weft of 

 Borneo. 



BYK, a river of Knropenn Turkey, which runs into the 

 Dnie'ltr, 6 in'les N. W. of Bender. 



BY-LAWS ; thofe private ordinances of fiibordinate 

 commu!Mties by whicli tl^.cir affairs are governed and regii- 

 la;eJ ; the rights of the individuals compoling them defined; 

 and wrongs relative to iheir joint concerns, prohibited and 

 puniihed. 



The word is formed fro.ti the Saxon by, halilallon, •v'lll, 

 snd laxa, q. d. lex fHh, or tonvn-lnzu. — Tluy are alfo called 

 tirh:'U)s. byrlau'S, and burlatvs, b'da^cr, or be/Itijines. Such 

 is the cnllom in Kent of deciding controverfies annong neigh- 

 bour.", about boundaries, bv the fcnefchaK-, or baihffs. 



In Scotland, thofe are called lairs of burhizu, or byrhiiv, 

 which are made and determined by neighbo\irs, elected by 

 comnio 1 coiifcnt in bwrlaw-courts ; wherein cognizance is 

 t.iken of complaints betwixt neighbour and neighbour. — The 

 men th'is chofen as judges or arbitrators are called burlaiu- 

 mcn, or Lyrlaw-men. 



Every body of men united by connion intereft?, and having 

 affairs of conimon concern, muft ncccffarily have lome genc- 

 i.d riilcs for the regulation of their conduct with refpeft to 

 them. Without thcfe nothing like unity or concurrence of 

 aftion could pnffilily cxill, whatever were the objefts of the 

 aifociation. Tiicfe regulations mar be divided into two 

 claffes, with regard tn the nature of the body to which they 

 relate. Societies which are formed merely by the volun- 

 tary alTociation of their members mull have their rules or 

 by-laws, as well as thofe communities which have a known 

 dcfcription, and are recognized as forming part of the gene- 

 ral conftitution of the country : the former, however, receive 

 no aid from the general law of the land in the enforcement 

 ef obedence to their rules, and have no ultimate remedy for 

 their intraftion but the txpuliion of the d'.fobedient member ; 

 wherea'i, the general law will enforce obedience to the by- 

 laws of the latter, when in thtmfclves le^al and reafonable, 

 and duly made on a fubjeft within the jurildlftion of the 

 IcgiiLiting body. Thus, the inhabitants of a paridi or town 

 not incorporated may make a by-law for the repair of the 

 church or of a hig;hway, or concerning any thing within 

 their dillrift of which the public weal requires the regulation, 

 and in fcch cafe the iriajority fhall bind the whole. 5 Co. 63, 

 a. Hob. 212. 3 Salk. 76. The refiants in a leet, or the 

 tenants of a manor, may make a by-law relative to any thing 

 which concerns the common intertll ; as, in the latter calf, 

 to regulate the exercife of their rights of common. Mo. 75. 

 579. 5S4. I Rol. Abr. 366. Hob. 212. 



From what has been already faid, it will naturally be in- 

 fened. that this power, which is, under fome circumftances, 

 conceded even to fuch bodies as are not incorporated, mnll, 

 a fortiori, belong to fuch as are ; the very exiftcnceof whofe 

 riglits depends on that of the body itfeK, and does not arife, 

 as in the former cafe, from thofe of the members confidercd 

 as individuals. This right of legiflation belongs origrnally, 

 unlefa it be otherwife fpeciiied in the charter of incorpora- 

 tion, to the body at large ; but they may afterwards delegate 

 it to a leledl body, who then become the reprefentatives of 

 the whole, and may exercife this authority as extenilvely ai 



the community iifclf niijht have done. Rex v. Spencer, 

 Burr. 1S37. In many inilances, houevcr, this power of 

 making by-laws has been originally veftcd iu a ftUtt bodf 

 by the fame charter by whieii the corporation itfclf was 

 created, and in this cafe it fiems that the body at large doe» 

 not poffefs it. Rex v. Head, Burr. 2^3 1. The king may, 

 if he pleafes, at the time of crtating a new corporation ag- 

 gregate, enart a code of by-laws by which it Ihall be povcrii- 

 ed, as may alfo the founder of an eltemofynary corporation, 

 each having a right to liipuhte on what terms alone (he 

 creature of his bountv (hall be endued with exifttncc ; but 

 neither the one nor the other can afterwanls, without exprefg 

 rtfervation of fuch right or the confent of the body, change 

 or alter inch code ; nor will fuch by-laws, as to tlu ir general 

 legality or operation, have tny other force or tffrdt that\ 

 they would have had if cnadted by the corporation itfelf. 

 Skin. 5 13. Hob. 210. 



\Vith regard to the fuljlance of a by-law, it is not only 

 neceffary tliat it fiiould not militate agiinft the exprefs pro- 

 vilionsof the law of the realm ; but it mull alfo be reafonable 

 and confiiltnt with its general principles, which reafonable- 

 ntfs and legality arc to be determined by the judges of the 

 fnperinr courts, whenever its validity fliall come in quiftion 

 betore them. To Hate the various poffilile cafes in which 

 a by-law would be void, would be tliereforc to enumerate all 

 thofe provifions, and the principles and maxims on which 

 they are founded. We fhall, hnwcver, mention a few of the 

 moll general cafes in which ordinances of this kind have 

 been holdcn to be invalid. A by-law cannot dircft the for- 

 feiture of goods, 8 Co. I2j, a ; or the levying of money 

 on any fuhjeft, except iu thofe cafes in *liich a burthen ii 

 to be borne bv a particular fociety of which he is a member ; 

 as in that already mentioned, of affefiing pari(hiontrs or townf- 

 men, for the repair of a church or highway. Jeffreys Cafe, 



5 Co. 66, a. Nor can it oper:ite ex fq// fido. 1 Kcb. 733- 

 Or alter a conftitution given by the crown. Rex v. Breton 



6 an. Burr. 2260). It mud not operate in reftraint of tiade. 

 Harrifon v. Godman, Bnrr. 12. Heilceth v. Braddock, 

 Burr. 1S47. I Roil. Abr. 36;.; though it may regulate 

 it and prohibit fraud. 5 Co. 52, b. Nor can it direft a 

 penalty to be fued for in a court in which the jurors muft 

 ueceffarilv be interefted as members of the corporation. 

 Burr. 1855. 



As to the power of a by-law to bind thofe who are not 

 members of the legiflating body, there fcems to be a dillinc- 

 tion between thole corporations which are invefted with a 

 local jurifdiftion, and thofe which, being ellabliflied for pur- 

 pofes with which locality has no conneftion, have only a 

 jurifdidlinn over their own internal concerns. When the 

 corporate body has a juriididlion over a certain territory, a 

 by-law made by thtm for the public good, and wh< fe objeA 

 is general, without being limited to people of any particular 

 defcription, binds every body coming within the li'rits of the 

 jurifdiftion, whether ftrangers or members of the corporate 

 body ; for eveiy man, fays Holt, who comes within the local 

 jnrifdiflion of a corporation ir.uil take notice ot their by-laws 

 at his peril. Skin. ;^^. 



This right of makigg by-laws for their own government, 

 not contrary to the law of the land, was alioived by the law 

 of the twelve tables at Rome. But no tradir:g company is, 

 with us, allowed to make bylaws, which may affeA the 

 king's prerogative, or the common proiit ot the people, 

 under penalty of 4cl. unlcfs they be apjiroved by the chan- 

 cellor, trealurer, and chief jullices, or the jirdges of affife in 

 their circuits ; and even though thiy be fo Approved, ftill, if 

 contrary to law, they are void. Slat. 9 Hen. VII. c. 7. 

 II Rep. 54. 



BYLAZORA, in /Indent Geography, a town of Europe, 

 4 I 2 i» 



