 | United States. Court of Claims - 1942 - 818 pages
...supervisors * * * may, if deemed advisable, levy a special tax" was construed. In the opinion it was said: The conclusion to be deduced from the authorities...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 pages
...New York% and in Mason v. Fearson,§ the words "it shall be lawful" were held also to be mandatory.|| The conclusion to be deduced from the authorities...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 pages
...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... | |
 | Edward Wilberforce - 1881 - 494 pages
...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 pages
..."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 pages
...Supreme Court of the United States iu the case of Supervisors i-«. the United States. (4 Wall., 435.) "The conclusion to be deduced from the authorities...or in equivalent language — whenever the public interests or individual rights call for its exercise — the. language used, though permissive in form,... | |
 | 1892 - 1296 pages
...deemed advisable, levy a special tax," etc. Justice SWAYNE, after reviewing the authorities, said: "The conclusion to be deduced from the authorities...empowered to do for a third person, the law requires ehall be done. The power Is given, not for their benefit, but for his. * • • In all such cases... | |
 | 1918 - 1366 pages
..."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 pages
...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 pages
...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,... | |
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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... 
