Shall

Whether the word shaU im- X ports futurity, depends upon the subjectmatter and the context. Hannibal, &c.

B. B. Co. V. State Board of Equalization, 64 Mo. 294, 304.

A statute declaring that, when any persons " shall have " actually settled on military bounty lands, &c., they shall be entitled to be paid for their improvements, was held retrospective only, in Jackson v. Chapman, 3 Cow. 390. A statute that an appeal "shall be allowed," means "must be allowed," when asked by one who stands in such relation to the cause that he is entitled to appeal, irrespective of whether he will gain any thing by appealing.

Exp. Jordan, 94 U. S. 248.

A statute provided as follows: " The commissioners shall return the assessment roll within forty days." Held, that as no public or private right required the word shall to be construed in an imperative sense, it was to be taken as dhectory merely.

Wheeler v. Chicago, 24 111. 105.

A statute prescribing that courts shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, on shall excludes the idea of any mere discretionary power in the court in granting or refusing the application, and confers on the party the right to demand the relief.

Smith V. Noe, 30 Ind. 117.

A statute as to a county charge, which provides that the supervisors shall audit and allow it as it becomes due, is imperative.

Morris v. People, 3 Den. 381.

Shall be given

Where an act of congress enacts that certain lands shall he given to, &c., the words " shall be given " are words of absolute donation, and convey' a present right.

Rutherford v. Greene, 2 Wheat. 196.

Shall be la-wful

These words, when found in the by-law of a corporation, are not to be construed as obligatory. Therefore, where a by-law of a corporation ordained that, under certain circumstances, " it shall and may be lawful " for the bailiffs to admit to the freedom of the town certain persons, it was held that this by-law was only optional, and that the admission of such persons to the freedom of the borough could not be enforced by mandamus.

Eex V

Bailiffs of Eye; 1 Barn. ^ C. 85; 2 Dmot. %■ E. 172.

Shall go

The words " shall go," in a statute defining the rights of husband and wife to property held in common, in case of the death of either, were held to mean " shall vest."

Broad v. Broad, 40 Cal. 493.

Shall not

The words " shall not " were held to mean " cannot," in Parker v. United States, 2 Wash. 361.