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" Dec. 274, said, in respect to statutes, the rule of construction seems to be that the word "may" means must or shall only In cases where the public interests and rights are concerned, and where the public or third persons have a claim de Jure that the... "
Reports of Cases Argued and Determined in the Supreme Court And, at Law, in ... - Page 73
by New Jersey. Supreme Court - 1917
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Reports of Cases Adjudged in the Court of Chancery of New-York ..., Volume 5

New York (State). Court of Chancery, William Johnson - Equity - 1822 - 622 pages
...construction seems to be, that the word may means must or shall only in cases where the public interest and rights are concerned, and where the ,„,., public...third persons have a claim, de jure, that the power should be exercised. Thus it was held in Aldi-rman Backwelfs case, (I Vern. 152.) that the Chancellor...
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Reports of Cases at Law and in Equity, Argued and Adjudged in the ..., Volume 9

Alabama. Supreme Court, Benjamin Faneuil Porter - Law reports, digests, etc - 1840 - 816 pages
...The word may, when used in a statute, means must or shall, in those cases where the public interest and rights are concerned, and where the public or third persons have a claim dejure, that the power designated should be exercised.-j&r Parte, William Simonton et al. 390 5. The...
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The American Jurist: And Law Magazine, Volume 25

Law - 1843 - 528 pages
...The word may, when used in a statute, means must or shall, in those cases where the public interest and rights are concerned, and where the public or third persons have a claim dejure, that the power designated should be exercised. /•.',<' parts, William Simonton and another,...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...such cases to be, that the word " may" means must, or shall, only in cases where the public interest and rights are concerned, and where the public or third persons have a claim de jure that the power should be exercised. § 597. In another case,(6) under a statute which provided, " That if any person...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851 - 706 pages
...The word may, in a statute, means must or shall, when the public interest or rights are concerned, or the public or third persons have a claim, de jure., that the power shall be exercised. Alderman Rockwell's case, 1 Fern. 152. King v. Barlow, 2 Salk. 609. King v. Inhabitants of Derby, Skinner,...
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The American Law Journal, Volume 1; Volume 8

Law - 1849 - 604 pages
...Co. v. Mercer Co., 20.— The word "may" means "must" or " shall," in cases where the public interest and rights are concerned, and where the public or...third persons have a claim, de jure, that the power should be exercised. Frink v. McClung, 569. — An interest which will render a witness incompetent...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...construction seems to be, that the word may means must or shall, only in cases where the public interest and rights are concerned, and where the public or third persons have a claim de jure, that the power should be exercised" (Newburgh Turnpike Co. vs. Miller, 5 /. Ch. R. 113: see also Malcom vs. Rogers,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 7

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1856 - 798 pages
...or to take their depositions. The cases in which the word "may" imports "shall," are those in which public interests and rights are concerned, and where...third persons have a claim de jure that the power should be exercised. The Newburgh Turnpike Company v. Miller, 5 Johns. Ch. R. 101. No such rights are...
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A Treatise on the Rules which Govern the Interpretation and Application of ...

Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...company, on the ground fliat may in statutes means shall only in cases only where the public interest and rights are concerned, and where the public or third persons have a claim de jure that the power be exercised.f So too, where a statute was in these words, "If any person die, <fec., his heirs ' slw.ll...
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Official Opinions of the Attorneys General of the United States ..., Volume 8

United States. Attorney-General - Administrative law - 1858 - 600 pages
...the idea that, in the affairs of a municipal corporation, all powers are duties. City of Georgetown. be, that the word may means must or shall only in...third persons have a claim de jure that the power should be exercised." (Newburgh Turnpike Co. v. Miller, v Johns. Ch. R., p. 113.) Here is an attempt,...
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