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The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

See also "Shall." Construction in General. That "may" always means "must" is a misconception, 44 Ch. D. 270. It is ordinarily permissive, 52 N. Y. 96; 107 Mass. 196. It gives a power as to the exercise of which there is discretion.

44 Ch. D. 270.

An enabling and discretionary power. 174 Mass. 245; is permitted to; has liberty to. In the absence of any controlling consideration the word is not considered as mandatory, 122 Iowa 669, but when the power is given in the interest of public justice; or whenever the object of the power is to effectuate the public interests, or a private, or legal right; where the public or third persons have a claim, de jure, that the power shall be exercised, 77 111.

273; 56 N. J. L. 300; 68 N. Y. 119; 21 Wis. 371; 49