Odger's English Common Law

94 SUBORDINATE LEGISLATION.
and some of the powers of the Privy Council. 1
It also
prescribes and regulates the muzzling of dogs and the seizure,
detention, disposal and, if need be, slaughter of stray dogs.
The Board of Education 2 has power to issue from time to
time a Code, giving minute directions as to the management
of an elementary educational school.
(ii.) By-Laws.
The term " by-law " 3 includes any order, rule or regulation
made by any local authority or statutory corporation subordi-
nate to Parliament. The subordinate authority must, of
course, have power expressly or impliedly conferred on it to
legislate on the matters to which the by-law relates ; and the
by-law which it makes must be reasonable in itself, it must
not be retrospective nor contrary to the general principles of
our law. If these conditions be satisfied, the by-law is
binding on all the persons for whom, or throughout the
place or district for which, that subordinate authority has
power to legislate.
A by-law regularly made by a corporate body under its charter " has the
same effect within its limits, and with respect to the persons upon whom it
lawfully operates, as an Act of Parliament has upon the subjects at large." 4
" A by-law, though made by, and applicable to, a particular body, is still
a law, and differs in its nature from a provision made on or limited to
particular occasions : it is a rule made prospectively, and to be applied
whenever the circumstances arise for which it is intended to provide." 5
*'A by-law is not an agreement, but a law binding on all persons to
whom it applies, whether they agree to be bound by it or not. All regula-
tions made by a corporate body, and intended to bind not only themselves
and 'their officers and servants but members of the public who come within
the sphere of their operations, may be properly called by-laws." 6
A by-law may be good as against a particular class of persons only.
Thus a by-law may bind the members of the corporation making it, and
yet not bind strangers. The homage of a manor may make by-laws for
1 JS.g., under the Destructive Insects Act, 1877 (40 & 41 Vict. c. 68, as extended
by 7 Edw. VII. c. 4), and the Contagious Diseases (Animals) Acts, 1878 to 1893,
as consolidated in the Diseases of Animals Acts, 1891 to 1910 (57 & 58 Vict. c. 57 ; 10
Edw. VII. & 1 Geo. V. c. 20).
2 Created in 1899 by the Board of Education Act (62 & 63 Vict. c. 33).
3 This word originally meant the law of a borough—any rule which was in
force in, and was issued for the regulation of, a borough. " By " or " burh " was
the name given to any fortified town or vill.
i Per Lord Abinger, C. B., in Hopkins v. Mayor, $c, of Swansea (1839), 4
M. & W., at p. 640.
6 Per our. in Gosling v. Veley (1847), 7 Q. B., at p. 451.
6 Per Lindley, L. J., in London Association of Shipowners v. London, #c. Docks
Committee, [1892] 3 Ch., at p. 252.