 | United States. Court of Claims - 1942 - 818 страница
...advisable, levy a special tax" was construed. In the opinion it was said: The conclusion to be deduced from the authorities is that where power is given...though permissive in form, is in fact peremptory. We are clear that this decision has no application to the case at bar. The statutory provision in the... | |
 | United States. Supreme Court - 1867 - 732 страница
...Fearson,§ the words "it shall be lawful" were held also to be mandatory.|| The conclusion to be deduced from the authorities is, that where power is given...public officers, in the language of the act before as, or in equivalent language — whenever the public interest or individual rights call for its exercise... | |
 | 1879 - 418 страница
...where power is given to public officers — whenever the public interest or individual right calls for its exercise — the language used, though permissive in form, is in fact peremptory." In the present case the power is given to the bishop for public purposes, and as a remedy for evils to be... | |
 | Edward Wilberforce - 1881 - 494 страница
...QBD 201. to public officers in the language of the Act before ns, or in equivalent language, wherever the public interest or individual rights call for...the language used, though permissive in form, is in effect peremptory. What they are empowered to do for a third person the law requires shall be done.... | |
 | 1889 - 956 страница
..."The conclusion to be deduced from the authorities is that when power is given to public officials in the language of the act before us, or in equivalent...though permissive in form, is in fact peremptory." "This rule is the settled law of both countries." The rule thus laid down has found application in... | |
 | United States. Congress. House - 1038 страница
...States iu the case of Supervisors i-«. the United States. (4 Wall., 435.) "The conclusion to be deduced from the authorities is, that where power is given...or in equivalent language — whenever the public interests or individual rights call for its exercise — the. language used, though permissive in form,... | |
 | 1892 - 1296 страница
...special tax," etc. Justice SWAYNE, after reviewing the authorities, said: "The conclusion to be deduced from the authorities is that where power is given...though permissive in form. Is in fact peremptory. What they are empowered to do for a third person, the law requires ehall be done. The power Is given,... | |
 | 1918 - 1366 страница
...deduced from the authorities is that where power is given to public ollicers, in the language of the acts before us, or in equivalent language, whenever the...though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given,... | |
 | 1888 - 942 страница
...13!). Discretion.— Where an act declares that certain officers may, if advisable, do a certain thing, whenever the public interest or individual rights...though permissive in form, is, in fact, peremptory. In all such cases it is held that the mteat of the legislature, which is the test, waa not to devolve... | |
 | 1889 - 1298 страница
...Supervisors vs. United States, 4 Wallace 435, Mr. Justice Swayne says: "The conclusion to be deduced from the authorities is that where power is given...though permissive in form, is in fact peremptory. What they are empowered to do for a third person, the law requires shall be done. The power is given... | |
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The conclusion to be deduced from the authorities is that where power is given to public officers, in the language of the act before us, or in equivalent language — whenever the public interest or individual rights call for its exercise — -the language... 
