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 ?
I realize the need for democratic reforms and revisiting the By-Laws.
Meanwhile, on raising objection over the grave violation of the PEC Act and by-laws, the accountable persons in the governing body tried to camouflage the issue and put forward a resolution in the body's 25th meeting under 'Any Other Matters' to condone the condition of joint venture agreement with Pakistan firms.
If so, it is a big wonder how Salo's group could claim to have any legal basis for creating a board of trustees peopled with his handpicked nominees, when under the party's extant constitution and by-laws, it does not exist.
In particular, Article 9-13 of Book Eleven of the By-laws provides that where the creditor or mortgagee is a bank or financial institution and the debtor or mortgagor is a professional client, the parties may enter into an agreement at the time of concluding the pledge contract or at a later date to give the creditor or mortgagor the right to acquire or sell the pledged asset in the event of the debtor's breach of its obligations.
As a result of this analysis, the board determined that amending the By-laws to include proxy access was in the best interest of the company and its stockholders.
I thought that we had specialist personnel policing such areas, and where possible confiscating items of alcohol from individuals in breach of such by-laws imposed by our council.
A barrel was thrown through the window and 'We won't pay to play' was written on the wall, which was direct reference to the busking by-laws, by-laws I had been supporting but didn't support on the night because they didn't include an outright ban on amplification.
The State Council has requested that the Ministry of Petroleum review the mineral resources law, amend various items, and set an upper limit for the financial categories that will be specified in the by-laws following approval, said Fekry Youssef, undersecretary of the Ministry of Petroleum.
This year, Macedonia plans to pass a total of 174 legal acts aligned with the legislation of the Eu-ropean Union, 57 of which are laws and 117 by-laws.
Abdul-Aziz Bin Mohieddin Khoja has approved the executive by-laws for licensing radio and television studios that operate in the Kingdom of Saudi Arabia.
CONTROVERSIAL plans to amend municipal by-laws, which some claim would leave Bahrain's councils powerless, have been frozen.
NEW by-laws are being enforced at local popular beauty spot.