In re Supervisor of Nether Providence Township

Citations

• 215 Pa. 119
• 64 A. 443
• 1906 Pa. LEXIS 746

Syllabus

<p>Statutes — Construction—“ Shall ’ ’ — Judicial discretion.</p> <p>The word “shall” when used by the legislature to a court is usually a grant of authority, and’means “may,” and even if it is intended to be mandatory it must be subject to the necessary limitation that a proper case has been made out for the exercise of the power.</p> <p>Public officers — Supervisor—Failure to file bond — Vacation of office — Act of March 16, 1860.</p> <p>The Act of March 16, 1860, P. L. 174, which provides that certain offices shall be declared vacant if the official fails to file a bond within one month after Ms election, is not mandatory irrespective of the reasons for the failure to file the bond. The word “shall” in the act means “may.”</p> <p>The court of quarter sessions has no authority to remove a supervisor where the uncontradicted answer of the officer states that within thirty days after the election, he appeared before the auditors, in accordance with the custom for some years past to ascertain the amount of his bond; that he was informed of the required amount, and that at the next meeting, a few days after the expiration of the month from the election, he filed with the auditors a bond in the required amount with two citizens whom he averred to be ample sureties; that he was informed that the auditors would keep the bond and consider it; that a few days afterwards he was informed that the auditors desired a bond with a trust company as surety; that not receiving further notice as to the time of meeting, as he was led to expect, he prepared and filed shortly afterwards a bond with a trust company as surety; and that this bond was and still is in the possession of the auditors.</p>