BYSTANDER

the term given to a person who looks on but has nothing to do with the activity that is in progress.

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BY GOD AND MY COUNTRY

In old English criminal practice. The established formula of reply by a prisoner, when arraigned at the bar, to the question, “Culprit, how wilt thou be tried?”

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BYTE

A sequence of 8 bits (enough to represent one character of alphanumeric data) processed as a single unit of information.

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BY INDUCEMENT

A ship will go to the called port only if there’s enough space available and booked cargo which is known as

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BY LAW MEN

In English law. The chief men of a town, representing the inhabitauts.

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BY THE BY

Incidentally; without new process. A term used in former English practice to denote the method of filing a declaration against a defendant who was already in the custody of the court at the suit of a different plaintiff or of the same plaintiff in another cause.

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BY VIRTUE OF

This means by authority of or because of.

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BY-BIDDING

In the law relating to sales by auction, this term is equivalent to “puffing.” The practice consists in making fictitious bids for the property, under a secret arrangement with the owner or auctioneer, for the purpose of misleading and stimulating other persons who are bidding in good faith.

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BY-BOAD

The statute law of New Jersey recognizes three different kinds of roads: A public road, a private road, and a byroad. A by-road is a road used by the inhabitants, and recognized by statute, but not laid out. Such roads are often called “driftways.” They are roads of necessity in newly-settled countries. Van Blarcom v. Frike, 29 N. J. Law, 516. See, also, Stevens v. Allen, 29 N. J. Law, 68. An obscure or neighborhood road in its earlier existence, not used to any great extent by the public, yet so far a public road that the public have of right free access to it at all times. Wood v. Hurd, 34 N. J. Law, 89.

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BY-LAWS

Regulations, ordinances, or rules euacted 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 act, and the solemnities and sanction required by the charter must be observed. A resolution is not necessarily a by-law though a by-law may be in the form of a resolution. Teck v. Elliott, 79 Fed. 10, 24 C. C. A. 425, 3S L. R. A. 610; Mining Co. v. King, 94 Wis. 439, 69 N. W. 181, 36 L. R. A. 51; Bagley v. Oil Co., 201 Pa. 78, 50 Atl. 760. 56 L. R. A. 184; Dairy Ass’n v. Webb. 40 App. Div. 49, 57 N. Y. Supp. 572. “That the reasonableness 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, while 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 expressed that the reasonableness of a corporate regulation was properly for the consideration of the jury, and not of the court, yet it was nevertheless 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 English books any such distinction as that above stated between a by-law and a regulation 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 or town. But of late the tendency is to employ the word “ordinance” exclusively for this class of enactments, reserving “by-law” for the rules adopted by private corporations.

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