The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-15

to do. The power is conferred for their benefit not
his; and the intent Of the Legislature, which is
the test in these cases, seems under such circum-
stances 20 have been "to impose positive and abb
soute duty" But under other circumstances,
where the act TO be done aflec no third person,
and ia not clearly beneficial TO them the public
the words " may do act or it is "lawful" to
do it, do not mean "Eatisi," but rather indicate an
intent in the Legislature TO confer discretionary
power. (hIalcolm Rogers, Cowen, l53; Pet.
Oh; John, CHI. ll3.)
SO in private contracts trusts, such language
may confer dscretion-(5 John, chap. ll3.)
But III the case OF law and Of public officers, and
as to acts affecting third persons here, that the
authority thus conferred must be construed TO per
emptory, ia not only manifest from the above pre-
cedents and their anaogies bat has been virtually
settled by this court in the 9Th OF Wheat, before
cited, on the act Of 1912, which, we have already
seen, used language the same in substance as that
of 1924, on this particular point.
The argument that the owner of these lots need
not have suffered by all OF them being sold, and at
a low price, because he might have redeemed
them, has little force when the same oversight,
or accident, or misfortune, which prevented the
seasonable payment of the tax, is likely to pre-
vent the redemption, and when this argument,
if sound, would apply to any other defect in the
sale, and operate against the force of it on the
ground that the owner might redeem.
But instead of such loose constructive eniency
towards purchaser under special law, ii is well
settled that where tax title ID TO be made out by
party under such law as by the defendant in
this case ii must be done in all material particu-
lars fully and clearly (Stead's Exs. Us. Course,
A Ora, 400. Waldron futile, New II. X 4,
3iO) In the language of come of the cases, it must
be done strictly, eracty, tciM great strctntss. &c
Wheat, 1877; Wheat, 6S3; Pet, 359)
The purchaser, setting up new title in hostility
TO the former owner, Is not to be favored, and
should have looked into it with care before buying,
and not expect to disturb defeat old rights OF
freehold without showing rigid compliance with
all the material acquisitions of the laws under
wi tenn IN for
tify the view here adopted, that the statutes in
several States, on the subject of such sales, allow
only 30 many lots to be sold will pay all the
taxes against the same owner, such course being
manifesty the most just. q Cra., 403; Wheat,
81, notc.)
Judgment below reversed
Mr.. ITEMS OF THE REPUBLIC wish to say
few words of the Theatre. Will you permit
who has gray hairs on his head, and pair of spec
tacles on his nose, to express his opinion? ] have
seen much of stage playing in my time, and have
made my observations from box, pit, and critics
corner and therefore know little about actors
and acting. have visited the Adelphi during the
past few nights, and witnessed the performances
of an actor whom am proud to claim an Amer.
lean. Damon, William Tell, and Macbeth have
been performed by him in mastery manner.
In form, in gesture, in elocution and in Just con-
ccpon of character, Mr. PRocToR is entitled to the
highest praise. have b>en pleased, and equally
astonshed at his representations; for, in truth, he
has come unheralded TO our boards. l hope our
people will do him usticei that they will visit the
Theatre, lin which he is sustained in highly cred
itable manner, by clever company look upon
his performances, and applaud condemn, as
their feelings and judgment may dictate. / can
further add, that Mr.. p. is gentleman whose
merits entitle him to our courtesy and liberality.
CIBBER.
We have not witnessed the performances above
for whose judgment and candor we have great re-
spect. OF MIR Proctor, we take great pleasure in
saying that his urbane, gentlemanly, and high
toned demeanor, commend him TO the favor and
patronage of the public. His benefit Is appointed
for this evening, when, it is expected, he will be
graced by the presence of many of the fair and
beautiful of this beautiful city.
THE CAUSE OF THE PooR.-The Ladies' Union
Benevolent Employment Society hold their annual
meeting this (Friday) evening at 7'oclock, at 9th
street church, (Rev. Mr.. Smith's,) when the an
nual report Of the proceedings OF the society will be
read, and several interesting addresses made by
some of our distinguished citizens. The attention
OF every benevolent individual is directed to this
meeting, where opportunity will offer to aid the
funds of these benevolent ladies' whose zeal in the
cause Of the poor has resulted so benefciay to the
distressed and suffering. The cause of the poor
is the cause ofGod lie that careth for the poor is
the friend Of God.