Bylaws

“ 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. ”

“ 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. ”

“ 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?” ”

“ 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. ”

“ 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. ”

“ 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. ”

“ The Board of Building Code Appeals shall determine all matters properly presented to it and where practical difficulties and unnecessary hardships shall result from the strict compliance with or the enforcement of the provisions of any ordinance for which it is designated as the Board of Appeals, such Board shall have the power to grant variances in harmony with the general intent of such ordinance and to secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the City. ”

“ So much of articles first, second, third, and fourth, of title fifth, of chapter one hundred and thirty, of the act entitled, “An act respecting elections other than for militia and town officers,” and the acts amending the same, as regulates the duties of County Canvassers and their proceedings, and the duty of County Clerks, and the Secretary of State, and the Board of State Canvassers, shall be applied to the canvassing and ascertaining the will of the people of this State in relation to the proposed convention ”

“ Every order, resolution or vote to which the concurrence of both Houses may be necessary, except on the question of adjournment, or relating solely to the transaction of business of the two Houses, shall be presented to the Governor, and before it shall take effect, be approved by him, or being disapproved, shall be re-passed by two-thirds of both Houses, according to the rules and limitations prescribed in case of a bill. ”

“ There were also acts of the legislative assembly of the District, which very forcibly imply a confirmation of the acts and assessments of the board of which the bill complains. If Congress or the legislative assembly had the power to commit to the board the duty of making the improvements, and to prescribe that the assessments should be made in the manner in which they were made, it had power to ratify the acts which it might have authorized. ”

“ Section 5. [§ 1.] Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. [§ 2.] Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. ”

“ When a Bill passed by the Legislative Council is presented to the Governor for his assent he shall, according to his discretion, but subject to any Instructions addressed to him under Our Sign Manual and Signet or through one of Our Principal Secretaries of State, declare that he assents thereto, or refuses his assent to the same, or that he reserves the same for the signification of Our pleasure. ”

“ 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 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. ”

“ The judge for each district may fix the place where or the tiem when each commissioner shall hold his regular terms of court.
'The order appointing such commissioners shall be in writing and shall be spread upon the records of one of the courts of the district for which they are appointed; and such order shall designate, by metes and bounds, the portion of the district for which they are appointed. They shall have all the powers of commissioners of the circuit courts of the United States. ”

“ And under an act passed in 1899 the council of any urban or rural district may, with the approval of the Board of Agriculture and without recourse to parliament, make a scheme for the management of any common within its district, provided no notice of dissent is served on the board by the lord of the manor or by persons representing one-third in value of such interests in the common as are affected by the scheme. There is yet another way of protecting a common. ”

“ 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 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. ”

“ 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. ”

“ 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. ”

“ A person who enjoys the right is said to have a locus standi; and the first question to be decided is whether an opponent does or does not have it.
Now, any one who wishes to oppose a bill must, on or before Feb. 12, file a petition in the Private Bill Office, stating the ground of his objection, [373:2] and if the promoters contest his right to appear, [373:3] the question of locus standi is decided by the Court of Referees, consisting of the Chairman of Ways and Means, the Deputy Chairman, and not less than seven members of the House appointed by the Speaker. ”

“ 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.) ”

“ According to Act of Parliament (here followed the designations of the statutes referred to) any person desiring to erect a building of any sort must first submit the plans thereof to the District Council, and must not proceed therewith except at his own peril, without the authorisation of the said Council. I am directed to ask you to produce the authorisation of the cottages you have put up on your estate, or failing such production forthwith to remove the edifices you have erected. ”

“ But we hold that the acts of the legislature are not the only law to which we must look for the powers of any of these Territorial courts. The general history of our jurisprudence and the organic act itself are also to be considered, and any act of the Territorial legislature inconsistent with the latter must be held void. ”

“ THAT no Person within this Government, shall be licensed by the Governor to keep an Ordinary, Tavern, or House of publick Entertainment, but such who are first recommended to him, under the Hands of the Justices of the respective Counties, signed in open Court; which Justices are and shall be hereby impowered, to suppress and forbid any Person, keeping such Publick-house as aforesaid, upon their Misbehaviour, on such Penalties as the Law doth or shall direct; and to recommend others from Time to Time, as they shall see Occasion. ”

“ The history of the legislation under which the government of the District was organized and its affairs conducted, down to and during the period covered by this action, is rehearsed in the opinion of the court of appeals, and it would serve no useful purpose to repeat it here. ”

“ Three impowered to hold a Court on Thursday in every other Week. and they the said Commissioners, or any three or more of them, shall and are hereby impowered and required to meet and hold the said Court, on every other Thursday, or oftener, if there shall be Occasion, in the Guild Hall of the said Borough, or at any other convenient Place within the said Borough, to be appointed by the major Part of such of the Commissioners as shall be assembled at any such Meeting ”

“ 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) ”

“ The Chamber of Deputies, as the image and repository of national sovereignty, shall be the temple of legislation. Therefore all bills shall be decided first in the Chamber of Deputies: primo, as to general laws, that is, constitutional, civil, criminal, or for the institution of perpetual taxes, in which matters proposals submitted by the throne to the provinces [województwa] , districts [ziemie] and counties [powiaty] for discussion, and by instructions coming to the Chamber, shall be taken for decision first ”

“ 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. ”