When no time is limited, the law appoints the most convenient.
When the law gives anything, it gives a remedy for the same.
When the foundation fails, all fails.
Where two r ights concur1, the more ancient shall be preferred.
Where there is equal equity2, the law must prevail. 4 Bouv. Inst. n. 3727.
Vide, generally, Dig. 50, 17; 1 Ayl. Pand. b. 1, t. 6; Merl. Rpert. Regles de Droit; Pow. Mint. Index, h. t.; Dane's Ab. Index, h. t.; Wooddes. Lect. lxxi. note; and collections of Bacon, Noy, Francis, Branch and Heath; Duval, Le Droit dans ses Maximes.
BMAY To be permited; to be at liberty; to have the power.
2. Whenever a statute3 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 bail4, that is construed5 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 imperatively6; 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.
MAYHEM, crimes. The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary7; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates8 his courage, are held to be mayhems. But cutting off the ear or nose or the like, are not held to be mayhems at common law. 4 Bl. Com. 205.
2. These and other severe personal injuries are punished by the Coventry act, which has been re-enacted in several of the states; Ryan's Med. Jurispr. 191, Philad. ed. 1832; and by congress. Vide act of April 30, 1790, s. 13, 1 Story's Laws U. S. 85; act of March 3, 1825, s. 22, 3 Story's L. U. S. 2006.
