LAWS
A Law Dictionary · 1910 · p. 5
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 aet, and the solemnities and sanction required by the charter must be observed, A resolution is not nece arily a by-law though a by-law may be in the form of a resolution. Peck v. Elliott, 79 Fed. 10, 24 C. 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 At!. 760, 56 L. R. A. 184; Dairy A 'n v. Webb, 40 App. Div. 49, 57 N. Y. Supp. 572. "That the reasonablene 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 regulation, the validity of the former being a judicial question, whlle the latter was regarded as a matter in pais. But although, in one of the opinions read in the case referred to, the view was clearly expre ed that the reasonablene of a corporate regulation was properly for the consideration of the jury, and not of the court, yet it was neverthele 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 Englfsh 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 [s. 165]
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