Bylaw

“ It must therefore be treated, for the purposes of our jurisdiction, as an act of legislation proceeding from the lawmaking power of the state; for a municipal ordinance passed under authority delegated by the Legislature is a state law within the meaning of the Federal Constitution; and any enactment, from whatever source originating, to which a state gives the force of law, is a statute of the state within the meaning of Judicial Code, § 237, * * * which confers jurisdiction upon this court. ”

“ A court may decline to give a legislative Act such construction as will attribute to the General Assembly an intention to pass an Act which is not reasonable, or as will defeat the purpose of the proposed legislation. Board of Trustees v. Christy, 246 Ga. 553, 272 S. E. 2d 288 (1980) .
Statute’s general language restrained where absurdity results.—To give effect to the intention of the General Assembly, courts are not controlled by the literal meaning of the language of the statute, but the spirit or intention of the law prevails over the letter thereof. ”

“ If there is no such newspaper, or none such can be secured, the petition and order must be printed and furnished to each voter in the county, and copies posted in three public places in each township. The foregoing publication is declared by the law to be 'equivalent to a personal service of notice on all persons who are interested in the lands specified in such petition, of the filing thereof, of all proceedings thereon, and of the sale of the lands under the decree, and shall give the court jurisdiction' to proceed to a decree. An appeal to the supreme court may be taken by either party. ”

“ The governor shall nominate and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly, and shall lay off the necessary districts for members of the council and house of representatives, and all other offices.' This part of the statute is reproduced almost verbatim in section 1857 of the Revised Statutes of the United States, as applicable to all the territories. ”

“ Boroughs.—The jurisdiction of the court of quarter sessions of a borough does not depend upon the commission of the peace, but upon the Municipal Corporations Act 1882. Many boroughs have a separate commission of the peace (which does not contain the words of the county commission giving jurisdiction to try indictments) , but have not received the grant of a separate court of quarter sessions: and such boroughs are within the jurisdiction of the court of quarter sessions for the county within. which the borough lies. ”

“ Passing Ordinances.—The mode of passing an ordinance is unlike anything that we have considered up to this time, and deserves special attention on account of its resemblance to the mode of making laws in the state and general governments. It is as follows. If a proposed ordinance is voted for by a majority of the members of the council present at any meeting, it is presented to the mayor. If he approves it, he signs it, and it becomes an ordinance. But if he does not approve it, he returns it, through the recorder, to the council, together with his objections. ”

“ XXIII. That no act, law, or ordinance whatsoever, shall at any time hereafter, be made or done by the Governor of this province, his heirs or assigns, or by the freemen in the provincial Council, or the General Assembly, to alter, change, or diminish the form, or effect, of this charter, or any part, or clause thereof, without the consent of the Governor, his heirs, or assigns, and six parts of seven of the said freemen in provincial Council and General Assembly. ”

“ Commission promulgation of orders is regulated by § 372.021 of 14 Fla.Stat.Ann., a legislative enactment. It provides that no regulation or amendment to a regulation is effective until 30 days after the filing of a certified copy of such provisions with the secretary of state. The statute also directs that any change in the type of regulation involved here is to be filed in the office of each county judge and that changes must be published in each county in a newspaper of general circulation. ”

“ The old King's Court or Council six principal subdivisions. At the beginning of this lecture I asked you to think of the Conqueror's Court or Council, and the records which it brought into being, as the starting-points of our Constitution and of our Public Records. After more than eight hundred years you may still see that old King's Court represented in six principal subdivisions, though some of them have various branches. These are (1) the Parliament (including, of course, the House of Lords, with its legal jurisdiction, as well as the House of Commons) ”

“ Whenever the judge of the district court of any district elected under the provisions of this constitution shall have qualified in his office, the several causes then pending in the district court of the territory within any county in such district, and the records, papers, and proceedings of said district court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the district court of the state for such county, except as provided in the enabling act of congress ”

“ It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in 500 acres of land while in the exercise of their offices ”

“ A motion is then made to take a recess for say ten minutes, or until the Constitution is signed. The constitution being signed, no one is permitted to vote excepting those who have signed it.
The recess having expired, the chairman calls the meeting to order and says, “The next business in order is the adoption of By-Laws.” Some one moves the adoption of the By-Laws reported by the committee, and they are treated just like the Constitution. The chairman then asks, “What is the further pleasure of the meeting?” ”

“ A resolution is pending requesting the proper authorities to prohibit the erection of wooden buildings north of A street, and an amendment to strike out A and insert B, and an amendment of the second degree to strike out B and insert C, have been made. The debate developing the fact that several other streets have their advocates, the best course is for the chair to state that, if there is no objection, the motion would be treated as having a blank for the name of the street, and that A, B, and C have been proposed for filling the blank. ”

“ Chief Justice Marshall had based the power of this court of review judgments sustaining municipal ordinances, our jurisdiction over such judgments remained unaffected. When, in 1925, the 'authority' clause was struck from section 237 of the Judicial Code and our jurisdiction on writ of error under that section was limited to cases involving the validity of a statute, Congress cannot have been unaware of the difference, for jurisdictional purposes, between a statute of a state and a municipal ordinance. ”

“ No man should be required to hunt through the journals of a legislature to determine whether a statute, properly certified by the spealer of the house and the president of the senate and approved by the governor, is a statute or not. ”

“ The Legislature passes a law which the judicial tribunal of one county holds to be unconstitutional, while that of another county declares it constitutional, and in two other counties it is construed to mean two quite different things, and so on through fifty counties, each of which has an independent, distinct, and final judicature. We see at a glance that there must be one supreme judicature whose jurisdiction is conterminous with that of the Legislature, whose will it interprets. ”

“ That suits, actions, and proceedings against any association under this title may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established, or in any State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases.' (Amendment in italics.) ”

“ When the question came up, the Council took the opinion of Jurists on it and reached a common sense result. [1] Under a general clause giving jurisdiction to the Court in all matters of interpretation, [2] it would seem that any Member of the League could require a question as to the composition of the Council on a particular occasion to be decided by the Court before the Council could meet. It is obvious that any such method of regulating procedure would give rise to impossibilities which should be avoided. ”

“ There are no facts before us on which we can, judicially, make any order binding the parties or the District Court, nor is any motion before us calling for action on the part of this court, except the motion for a writ of prohibition. ”

“ The matter of the areas under the jurisdiction of a local Spiritual Assembly is one which the National Assembly must study, and apply the principles laid down by the Guardian; namely, that within a municipal area, where the people resident in the area pay taxes and vote, the Assembly can be elected, and holds jurisdiction. ”

“ By various statutes powers are given to borough, county and district councils, to make by-laws for various purposes; corporate bodies, also, are empowered by their charters to make by-laws which are binding on their members. Such by-laws must be in harmony with the objects of the society and must not infringe or limit the powers and duties of its officers. ”

“ There is a city court with elected judge or judges, and an elected common council, which may authorize the municipal ownership of public utilities by ordinance, and can pass legislation over the mayor’s veto by a two-thirds vote. ”

“ This court, upon a review of former decisions, said: 'As, therefore, the recitals in the bonds import compliance with the city's charter, purchasers for value having no notice of the nonperformance of the conditions precedent were not bound to go behind the statute conferring the power to subscribe, and to ascertain, by an examination of the ordinances and records of the city council, whether those conditions had, in fact, been performed. ”

“ The mayor shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation, and shall issue such process as may be necessary to carry said ordinances into execution and effect, appeals may be had from any decision or judgment of said mayor, or aldermen, arising under the city ordinances, to the municipal court, under such regulations as may be presented by ordinance. ”

“ None other than the common council, to whom the petition was required to be addressed, is suggested, either in the charter or the explanatory act, and it would be difficult to point out any other sustaining a similar relation to the city so fit to be charged with the inquiry, or one so fully possessed of the necessary means of information to discharge the duty. ”

“ Return the Bill with the amendments proposed to the Legislative Assembly for consideration by the Assembly; or, as the case may be, (b) Return the Bill to the Legislative Assembly for reconsideration by the Assembly. (4) If at a meeting of the Executive Council thus summoned the Executive Council decides that the Bill should not be returned to the Legislative Assembly for consideration of the amendments proposed or, as the case may be, that the High Commissioner should not refuse his assent to the Bill, he shall declare that he assents to the Bill. ”

“ Plaintiff in error does not deny the soundness of the rule, but questions its applicability to the present case on the ground that the procedure established by the statute affords no means of ascertaining at what time the final decision of the board of county commissioners establishing the road is made, and consequently when the time to appeal to the district court, as provided by section 2536, begins to run. ”

“ In short, Acts are, by the Legislature, frequently called Ordinances; and Ordinances again are as frequently stiled Acts of Parliament or Statutes; And sometimes the Words Act and Ordinance are coupled together. Therefore perhaps the only Difference, if any, between them is, that Bills entered with the Royal Assent on the Parliament Roll, were called Ordinances, and when entered on the Statute Roll, were stiled Statutes. ”

“ The acts of congress, prescribing in what districts suits between citizens or corporations of different states shall be brought, manifest the intention of congress that such suits shall be brought and tried in such a district only, and that no person or corporation shall be compelled to answer to such a suit in any other district. ”

“ The General Assembly shall have power to transfer all or any part of the powers, functions and records of the Clerk of the Orphans' Court for any county to such other office or offices as it deems appropriate, and to abolish the office of Clerk of the Orphans' Court for any county. ”