By Laws, Or Bye Laws - Definition - Law Dictionary Home Dictionary Definition by-laws-or-bye-laws

Definition :

By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.

No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.

County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borough. The confirming authority shall be the Secretary of State or the Minister; when confirmed the validity shall not be questioned in any legal proceedings on the ground that the Secretary of State or Minister is not the confirming authority.

The council of an urban or rural district has power to enforce by-laws made by a county council which are for the time being in force in the district.

Ss. 250-252 deals with the procedure for making by-laws and penalties for their breach, and evidence of their existence.

Railway Companies have the power of making by-laws, by the (English) Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20), and uniform by-laws made under this power apply to every railway company. Like powers are contained in the (English) Companies Clauses Consolidation Act, 1845, s. 124; (English) Commissioners Clauses Act, 1847, s. 96; Markets and Fairs Clauses Act, 1846, s. 42; (English) Harbours, Docks, and Piers Clauses Act, 1847, s. 83; (English) Towns Improvement Clauses Act, 1847, ss. 126, 200; and (English) Town Police Clauses Act, 1847, ss. 68, 71.

The (English) Public Health Act, 1875, by ss. 182-6, regulated the making of by-laws under that Act, and these sections were incorporated by reference in the Factory and Workshop Act, and the (English) Public Libraries Act of 1901. See also Public Health and Housing Acts, 1936.

By the (English) Interpretation Act, 1889 (see that title), a statutory power to make by-laws includes a power to rescind, revoke, amend, or vary them (s. 32), and may be exercised at any time after the passing and before the commencement of the empowering Act, if the commencement be delayed (s. 37).

Means bye-laws made by a depository under s. 26. [Depositories Act, 1996 (22 of 1996), s. 2 (1) (c)]

Means the bye-laws for the time being in force which have been duly registered or deemed to have been registered under this Act and includes amendments thereto which have been duly registered or deemed to have been registered under this Act. [Multi-State Co-operative Societies Act, 2002 (39 of 2002), s. 3 (c)]

A rule or administrative provision adopted by an association or corporation for its internal governance; Black's Law Dictionary, 7th Edn.