| 1891 - 1150 páginas
...examine the authorities bearing upon this question. In Potter's Dwarris on Statutes it is said: " Where a statute directs the doing of a thing for the sake of justice, the word may means the same as the word shall. So, if a statute says, that a thing may be done which... | |
| Abraham Clark Freeman - 1891 - 1012 páginas
...such permissive language'; again: 'Words of permission shall, in certain cases, be obligatory; when a statute directs the doing of a thing for the sake of justice, the word " may " means " shall.'" So in Newburgh Turnpike Co. v. Miller, 5 Johns. Ch. 113, 9 Am. Dec.... | |
| 1891 - 1148 páginas
...permissive language.' Again : 'Words of permission shall, in certain cases, be obligatory. Where a statute directs the doing of a thing for the sake of justice, the word "may" means "shall."' Soin Turnpike Co. v. Miller, Chancellor KENT observed as follows: 'And... | |
| Henry Hardcastle - 1892 - 748 páginas
...decided in the case of .R. v. Barlow (1693), 2 Salk. 609, that when a statute authorizes the doing a thing for the sake of justice or the public (£) good, the word ' may ' means ' shall,' and that rule has been acted upon to the present time .... and of course the same... | |
| Sir Andrew Reed - 1895 - 528 páginas
...indictment at common law. The law never speaks but to command, nor commands but where it can compel. Where a statute directs the doing of a thing for the sake...public good the word may is the same as the word shall. Where a statute gives a power to arrest a person found committing an offence he must be taken in the... | |
| William John Tossell - 1901 - 932 páginas
...read a few words irom page 259, where the court quote from the language of an English case : " Where a statute directs the doing of a thing for the sake...the word " may " is the same as the word " shall; " thus, 23 Hen., 6, says the sheriff may take bail ; this is construed he shall, for he is compellable... | |
| Jeremiah Smith - 1898 - 282 páginas
...was an indictment npon the same statute, and the same objection was taken. The court said : " When a statute directs the doing of a thing for the sake...good, the word may is the same as the word shall: thus, 23 Hen. VI, says the sheriff may take bail. This is construed he shall, for he is compellable... | |
| 1899 - 704 páginas
...1851, 11 CB 755 ; Reid\. Gardner, 8 Exch. 651 ; Jones v. Harrison, 6 Ex. 328, disapproved. Where a statute directs the doing of a thing for the sake..." is the same as the word "shall". Rex v. Barlow, Salk. 609, Skin. 370, Carth. 293. The words " it shall be lawful " used in a statute merely make that... | |
| Ohio. Circuit Courts - 1900 - 832 páginas
...read a few words from page 259, where the court quote from the language of an English case: "Whera a statute directs the doing of a thing for the sake...good, the word 'may' is the same as the word 'shall'; thus, 23 Hen., 6, says the sheriff may take bail; this in construed he shall, for he is oompnllable... | |
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