By-laws


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BY-LAWS. Rules and ordinances made by a corporation for its own government.
     2. The power to make by-laws is usually conferred by express terms of the charter creating the corporation, though, when not expressly granted, it is given by implication, and it is incident to the very existence of a corporation. When there is an express grant, limited to certain cases and for certain purposes, the corporate power of legislation is confined to the objects specified, all others being excluded by implication. 2 Kyd on Corp. 102; 2 P. Wms. 207; Ang. on Corp. 177. The power of making by-laws, is to be exercised by those persons in whom it is vested by the charter; but if that instrument is silent on that subject, it resides in the members of the corporation at large. Harris & Gill's R. 324; 4 Burr. 2515, 2521; 6 Bro. P. C. 519.
     3. The constitution of the United States, and acts of congress made in conformity to it the constitution of the state in which a corporation is located, and acts of the legislature, constitutionally made, together with the common-law as there accepted, are of superior force to any by-law; and such by-law, when contrary to either of them, is therefore void, whether the charter authorizes the making of such by-law or not; because no legislature can grant power larger than they themselves possess. 7 Cowen's R. 585; Id. 604 5 Cowen's R. 538. Vide, generally, Aug. on Corp. ch. 9; Willc. on Corp. ch. 2, s. 3; Bac. Ab. h. t.; 4 Vin. Ab. 301 Dane's Ab. Index, h. t., Com. Dig. h. t.; and Id. vol. viii. h. t.

References in periodicals archive ?
Might I also add that it would be nice to know of the reason some individual within our council saw fit to abuse their own by-laws by sanctioning the setting up of a public bar selling alcohol on the rooftop of the newly refurbished Eastern promenade shelter on Saturday, July 4, 2015, which is an area of inclusion in the banning of the consumption of alcohol in a restricted area.
In accordance with good corporate governance developments, the Amended and Restated By-laws provide that the Chairman of a meeting is not entitled to a casting or second vote in the event of an equality of votes.
Sergeant Neil Northend, of Northallerton Safer Neighbourhood Team, added: "It's important that people are aware of, and adhere to the by-laws for their own and other people's safety and enjoyment.
Cllr Ian Lewis, cabinet member for community and customer engagement, who is among those leading calls for the review, said: "Some of these by-laws, particularly those designed to protect our environment or maintain public order will still be relevant today and need to be enforced.
However, health officials disagreed on this provision in the law saying the ban could not be effective until smoking was completely prohibited in public places and pushed for a complete ban through the executive by-laws.
It follows a review by an influential group of politicians which said the council should pass more by-laws to close loopholes left by the government.
In accordance with Article V, Section 2 of the By-Laws of Tax Executives Institute, Inc.
The framing and modifications of by-laws governing the structure and operation of the Centre shall be the business of the Executive Council (hereafter referred to as Council).
There were a number of amendments to the by-laws proposed and adopted.
THE country's most northerly local authority has adopted new by-laws banning all on-street drinking in the town.
Meeting via conference call, the Executive Board discussed a series of changes reviewed by the Constitution and By-Laws Committee, which is a standing committee of the Governing Council.