...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...

...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...

...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...

...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....

..."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...

...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,...

...special tax," etc. Justice SWAYNE, after reviewing the authorities, said: "The conclusion to be deduced from the authorities is that where power is given...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...

...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...power is given, not for their benefit, but for his." To the same effect is Gallup v. Smith, 59 Conn. 354, 22 Atl. 334, 12 LRA 355, and 22 Cyc. 590. We are...

...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...

...arises (I). The Supreme Court of the United States similarly laid it down that what public officers are empowered to do for a third person, the law requires shall be done whenever the public interest or individual rights call for the exercise of the power ; since the latter...