 | 1918 - 1366 страница
..."The board of supervisors * * * may, if deemed advisable, levy a special tax. * " * " The court said: "The conclusion to be 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 public interest... | |
 | 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... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1890 - 590 страница
...Supervisors v. United States, 4 Wall. 435, in the Supreme Court, it is said in the judgment of the Court : " The conclusion to be deduced from the authorities is, that where power is given to public officers * * —whenever the public interest or individual rights calls for its exercise, —the language used,... | |
 | Jabez Gridley Sutherland - 1891 - 836 страница
...that it should be exercised in favor of affirmative action." i In another case the same court said : " The conclusion to be deduced from the authorities...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.... | |
 | United States. Department of Justice - 1891 - 816 страница
...the rule for the construction of statutory language, permissive or enabling in form, as follows: " The conclusion to be deduced from the authorities...rights call for its exercise — the language used, thongh permissive in form, is in fact peremptory. What they are empowered to do for a third person,... | |
 | United States. Department of the Interior - 1891 - 752 страница
...the Secretary, the rule being that where power is given to public officers and the public interests or individual rights call for its exercise, the language...though permissive in form, is in fact peremptory, and imposes a " positive and absolnte dnty." Supervisors?'. United States (4 Wall., 435-44(3) ; Endlich... | |
 | Abraham Clark Freeman - 1893 - 1056 страница
...When, by statute, power is given to public officers, and the public interests and individual right* call for its exercise, the language used, though permissive in form, is, in effect, peremptory. STATPTB 13 MANDATORY when it authorizes and empowers a city council to pay certain... | |
 | William John Tossell - 1913 - 912 страница
...That is, where power is given to public Montgomery Common Pleas. offices by act of the legislature, whenever the public interest or individual rights...used, though permissive in form, is in fact peremptory and permits of no discretion. Rf>ck Island (Superv.) v. United States, 71 US (4 Wall.) 435, 445, 446,... | |
 | Iowa - 1897 - 264 страница
...States, in the case of Supervisors v. United States, 4 Wall, 446, says: ' The conclusion to be deducted from the authorities is that where power is given...though permissive in form, is in fact peremptory.' In the case you mention the remedy of the people of the district would be by action of mandamus, and... | |
 | Jeremiah Smith - 1898 - 282 страница
...New York s and in Mason v. Fearson,* the words " it shall be lawful" were held also to be mandatory.6 The conclusion to be deduced from the authorities...public officers, in the language of the act before us, 1 Skinner, 370. 2 2 Salkeld, 609. 8 3 Hill, 614. « 9 Howard, 248. or in equivalent language — whenever... | |
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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... 
