It is well settled in this State that "mandamus lies only to compel a party to do that which it is his duty to do without it. It confers no new authority. The party seeking the writ must have a clear legal right to demand it, and the parties to be coerced must be under legal obligation to perform the act sought to be enforced.” Person v. Houghton, 186 N. C., 723, 120 S. E., 481; White v. Comrs. of Johnston County, 217 N. C., 329, I S. E. (2d), 825, and cases there cited. See, also, Harris v. Board of Education, 216 N. C., 147, 4 S. E. (2d), 328; Champion v. Board of Health, ante, 96. Discretionary powers may not be controlled by mandamus. Harris v. Board of Education, supra.
Admitting the facts alleged in the complaint in the present action, which we must do in testing the sufficiency of a complaint challenged by demurrer, Ins. Co. v. McCraw, 215 N. C., 105, 1 S. E. (2d), 369; White v. Comrs. of Johnston County, supra, and numerous other eases, does the plaintiff have a clear legal right to demand of defendants as, and constituting the Board of Cosmetic Art Examiners the issuance to her of a certificate of registration as a registered cosmetologist? If so, are defendants under legal duty to issue it? The answer to each question is “Yes.”
*201Tbe Act to regulate tbe practice of cosmetic art in tbe State of North Carolina, Public Laws 1933, chapter 179, section 13, as amended by-section 2, chapter 54 of Public Laws 1935, creates a board to be known as a State Board of Cosmetic Art Examiners to consist of three members to be appointed by the Governor. Section 20 of the 1933 Act, pertinent to case in hand, prescribes that “The procedure for the registration of present practitioners of cosmetic art shall be as follows: (a) Every person who has been practicing cosmetic art in North Carolina and who is practicing such art at the time of the effective date of this act upon making an affidavit to that effect, and complying with the provisions of this Act as to physical fitness, and upon paying the required fee to the Board of Cosmetic Art Examiners shall be issued a certificate of registration as a registered cosmetologist.” The provisions of this section are available only upon applications filed prior to 1 January, 1942. Public Laws 1941, chapter 235, section 3.
Manifestly, it was the intention of the Legislature to prescribe a method by which those persons, who were then engaged in the practice of cosmetic art, might obtain certificates of registration for continuing in such practice without meeting the qualifications prescribed for those who thereafter enter. As to a person of former class, it must be made to appear to the Board of Cosmetic Art Examiners before a certificate of registration will issue that such person (1) has been practicing cosmetic art in North Carolina, and was so engaged at the time of the effective date of the Act, and (2) has complied with the provisions of the Act as to physical fitness, and (3) has paid the required fee to the Board. When these three facts exist the language of the Act is that such person “shall be issued a certificate of registration as a registered cosmetologist.” The word “shall” as here used is mandatory, Battle v. Rocky Mount, 156 N. C., 329, 72 S. E., 354; Davis v. Board of Education, 186 N. C., 227, 119 S. E., 372, and no discretion lies in the Board of Cosmetic Art Examiners. However, of necessity, such Board must find the facts with respect to these requirements.
Applying these principles to the facts alleged in the complaint in hand, which are admitted by the demurrer, the existence of each essential fact is alleged. Therefore, the complaint is not subject to demurrer. Nevertheless, defendants may by answer challenge existence of such facts.
As to parties, the record fails to show joinder as defendants the individuals composing the Board of Cosmetic Art Examiners. Hence, the portion of demurrer relating thereto is not considered.
The judgment below is
Eeversed.