May
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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)
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.
3. The words shall and may in general acts of the legislature or in
private constitutions, are to be construed imperatively; 3. Atk. 166; but
the construction of those words in a deed depends on circumstances. 3 Atk.
282. See 1 Vern. 152, case. 142 9 Porter, R. 390.