/ 
' BY 
Mo. 75. Hob. 212. So may the homage. 1 Ro.Ab. Dy.322; 
but not ■•without a coftom. Sav. 74. And a cuftovn that 
the fteward with the confent of the homage may make 
them, is not good. 3 Lev. 49. 2. All by-laws are to be 
reafonable-; and ought to be for the common benefit, and 
not private advantage of any particular perfons ; and mud 
be confonant to the public laws and ftatutes, as fubordinate 
to them. And by flat. 19 Hen. VII. c. 7, by-laws made 
by corporations are to be approved by the lord chancellor, 
or chief juftices, &c. on pain of 40I. A by-law may be 
reafonable, though the penalty be to be paid to thole who 
make the by-law. 1 Salk. 397. And generally it (hall be 
reafonable, if it be for the public good of the corporation. 
Cartk. 482. By-laws made in reflraint of trade are not fa¬ 
voured, but the diftinilion between fuch as are made to 
reflrain, and thofemadeto regulate, trade, feerp.s very nice. 
Under a general power to make by-laws, a by-law cannot 
be made to reflrain trade. 1 Burr. 12. A cuflorn that no 
foreign tradefman fhall life or exercife a trade in a town, 
&c. will warrant that which a grant cannot do; and, where 
cuftom has retrained, a by-law may be made that upon 
compofition foreigners may exercife a trade. Carter 120. 
yBurr. 1951. So by-laws may regulate, but not totally 
reflrain, a private right, as in cafes of common, &c. If 
a by-law impofe a charge without any apparent benefit to 
the-'party, it will be void. R. Raym. 328. And a by-law 
being entire, if it be unreafonable for any particular, fhall 
be void for the whole. 2 Vent. 183. A by-law cannot im¬ 
pofe an oath, nor impower any perfon to adminifter it. 
Stra. 536. Where by-laws are good, notice of them is 
not neceffary, becaufe they are prefumed for the better 
government and benefit of all perfons living in thofe par¬ 
ticular limits where made; and therefore all perfons there¬ 
in are bound to take notice of them. 1 Lut.. 404. Oo. Car. 
.498. 5 Mod. 442. 1 Salk. 142. Cartk. 484. If a by-law does 
not mention how the penalty fhall be recovered, debt lies 
for it. Or adtion on the cafe on ajjumpjit. 2 Lev. 252. It 
feems that a by-law to levy the penalty by difrrefs, fale, 
or imprifonrnent, is void, unlefs by cuflorn. The court 
'of King’s-bench will not enter into a queftion on the vali¬ 
dity of a by-law, on the return of a hab. cor. cum caufd, 
from any corporation except the city of London, where 
it always doth ; but the plaintiff mud declare there, and 
defendant may demur if he has objections to the by-law. 
2 Burr. 775. 
BY-MATTER, f. Something incidental.—I knew one 
that, when lie wrote a letter, would put that which was 
mod material into the poftfeript, as if it had been a by¬ 
matter. Bacon. 
■ BY-NAME,/! A nick name; name of reproach, or 
accidental appellation.—Robert, elded fon to the Con¬ 
queror, ufed fhort hole, and thereupon was by-named court- 
liofe, and iliewed firft the ufe of them to the Englifti. 
Camden. 
BY-PAST, adj. Pad : a term of the Scotch dialeft.— 
Wars, pedilences, and difeales, have not been fewer for 
thefe three hundred years by-pafl, than ever they had been 
fince we have had records. Cheyne. 
BY-PATH,/! A private or obfeure path : 
Heav’n knows, my fon, 
By what by-paths, and indiredt crook’d ways, 
2 got this‘crown. Shakefpeare. 
BY-RESPECT,/! Private end orview.—Thearchbi- 
fhops and bifhops, next under the king, have the gdvern- 
( ment of the church : be not you the mean to prefer any 
■ to thofe places, for any by-re/'petls., but only for their learn¬ 
ing, gravity, and worth. Bacon. 
BY-ROAD,/! An obfeure unfrequented path : 
Through flipp’ry by-roads, dark and deep, 
They often climb, and often creep. Swift. 
BY-ROOM, f. A private room within another.—I 
pr’ythee, do thou dand in fom c by-room, while I queftion 
any puny drawer to what end he gave the fugar. Shahejf, 
B Y N 
BY-SPEECH, f. An incidental or cafual fpeech, not 
diredlly relating to the point. 
BY-STANDER,/! A looker on : one unconcerned.— 
She broke her feathers, and, falling to the ground, was 
taken up by the by-/landers. L' E/f range. 
“The By-stander fees 'more than the gamder.” Un 
regardant vaut plus qu’un joueur. Fr. Agameder very often 
overlooks his game by a too great attention, or perhaps 
by being ruffled or difeompofed at fortune’s going againd 
him, whereas a perfon, who looks on with unconcern, has 
his thoughts and mind freer to obferve and confider every 
circumdance and incident. 
BY-SI REET ,/1 An obfeure dreet: 
The broker here his fpacious beaver wears, 
Upon his brow lit iealoufies and cares; 
Bent on fome mortgage, to avoid reproach, 
He feeks by-Jlreets, and faves th’ expenfive coach. Gay. 
BY-VIEW,/! Private felf-intereded purpofe.—No by- 
views, of his own fhall miflead him. Atterbury. 
BY-WALK,/! A private walk; not the main-road.— 
The chief avenue ought to be the mod ample and noble; 
but there fhould be by-walks, to retire into lometimes, for 
eafe and refrefhment. Broome. 
BY-WAY,/. A private and obfeure way.—Night 
healths are commonly driven in by-ways, and by blind 
fords. Spenfer. —This is wonderfully diverting to the un- 
derdanding, thus to receive a precept, as it were, through 
a by-way, and to apprehend an idea that draws a whole train 
after it. Addifon. 
BY-WEST,/! Wedward; to the wed of.—Whereupon 
grew that by-word, ufed by the Irifh, that they dwelt by- 
wejl the law which dwelt beyond the river of the Barrow. 
Davies. 
BY-WORD,/! A faying; a proverb.—We are become 
a by-word among the nations for our ridiculous feuds and 
animosities. Addifon. 
BYA'REM, a town of Hmdooflan, in the TclliiVganae 
country : eighty-nine miles north.ealt of Hydrabad, and 
lixty. ead ofWaVaiigole. 
BY'ASS,/! See Bias. —Every inordinate ludis a falfe 
byafs upon men’s underdandings, which naturally draws 
towards atheifm. Til/otfon. 
BY'BLIS. See Biblis. 
BY'BLUS, anciently a town of Phoenicia, fitnated be¬ 
tween Beryttts and Botrys ; it was the royal refidenee of 
Cinyras ; facred to Adonis. Pompey delivered it from a 
tyrant, whom he caufed to be beheaded. If flood at no 
great didance, from the fea, on an eminence. Strabo. Near 
it ran the Adonis into the Mediterranean. Now in ruins. 
BY'DEAS-KIRCHE, a town of Sweden, in Welt 
Bothnia. 
BYE!, or Bee, come immediately from the Saxon by, 
tying, i. e. a dwelling. 
BY'GELANDS, 'a town of Norway : twenty-eight 
miles north of Cliriftjanfand. 
BYK, a river of European Turkey, which runs into the 
Dnieder, fix miles north-weft of Bender. 
BYNG (George), lord vifeount Torrington, the for. 
of John Byng, Elfq. born in 1663. At the age of fifteen, 
he went volunteer to fea with the'king's warrant. His 
early engagement in this courfe of life gave him little op¬ 
portunity of acquiring learning, or cultivating the polite 
arts; but, by his abilities and activity as a naval comman¬ 
der, he furnifhed abundant matter for the pens of-others- 
We fhall only juft mention fome of his great and gallant 
aftions, and mud refer thofe wjio require a fuller and; 
more circumdantial account of him, to the hidorians of 
his time. In 1704, lie ferved in the grand fleet lent to- 
the Mediterranean under the command of Sir Cloudedey 
Shovel, as rear-admiral of the red ; and it was he who 
commanded the Iquadron that attacked, cannonaded, and 
reduced, Gibraltar. He was in the battle of Malaga, 
which followed foon after; and, for his behaviour in that 
atlion, queen Anne conferred on him the honour of knight- 
3 hood... 
