Thu Oct 01, 2015 11:24 am
I already knew the answer, I wanted to see how many reply's I got. Here it is as taken from a legal dictionary.
After reading the Special provisions I studied the legal meaning of the words used in the conception of this law and legislation, in particular the words “may, restriction and use”. Note examples 2. And 3. When the word may is used in law and legislation.
may v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. The same careful analysis must be made of the word "shall." Non-lawyers tend to see the word "may" and think they have a choice or are excused from complying with some statutory provision or regulation. (See: shall)
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MAY. To be permitted; to be at liberty; to have the power.
2. Whenever a statute directs the doing of a thing for the sake of justice or the public good, the word may is the same as shall. For example, the 23 H. VI. says, the sheriff may take bail, that is construed he shall, for he is compellable to do so. Carth. 293 Salk. 609; Skin. 370.
the Wilderness act of 1964 the basis for FSM 2300 I made note of this, SPECIAL PROVISIONS (d) The following special provisions are hereby made: (1) Within wilderness areas designated by this Act the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable. In addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary deems desirable.
2. Whenever a statute directs the doing of a thing for the sake of justice or the public good, the word may is the same as shall.
This is the wording used in the wilderness act of 1964, which is the law that governs back country air strips in wilderness areas.In other words the Forest service is disregarding the true meaning of the law when closing air strips that were there prior to them becoming Wilderness areas.