 | 1834 - 518 pages
...division fence. Ib. CONSTRUCTION OF STATUTES. 1. (Order of court martial.) A statute, specifying a time within which a public officer is to perform an...official act regarding the rights and duties of others, is directory merely, unless the nature of the act to be performed, or the phraseology of the statute... | |
 | New York (State). Department of Public Instruction, John Adams Dix - 1837 - 494 pages
...month, may not, in strict construction of law, be vacated by their neglect to do it within that time. The general rule is, that " where a statute specifies...will be considered as directory merely, unless the nature of the act to be performed, or the language used by the legislature shows that the designation... | |
 | New York (State). Department of Public Instruction, John Adams Dix - 1837 - 496 pages
...strict construction of law, be vacated by their neglect to do it within that time. The general lule is, that " where a statute specifies the time within...will be considered as directory merely, unless the nature of the act to be performed, or the language used by the legislature shows that the designation... | |
 | Alabama. Supreme Court - 1877 - 714 pages
...contrary intention appears. Jones v. Donnell, 9 Ala. 697 : Trammell v. Pennington, 44 Ala, 686. And when a statute specifies the time within which a public officer is to perform an act regarding rights of others, it is merely directory. Dwarris, 222, note 29 ; People v. Allen, 6... | |
 | E. Fitch Smith - 1848 - 1004 pages
...the first day of June. The court, in the decision of this question, laid down the general rule to be, that where a statute specifies the time within which...duties of others, it will be considered as directory, unless the nature of the act to be performed, or the language used by the legislature, show that the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1852 - 560 pages
...that the court martial was not legalty convened. The court, in deciding the case, say, that " when a statute specifies the time within which a public...regarding the rights and duties of others, it will be regarded as directory merely, unless the nature of the act to be performed or the language used show... | |
 | Theodore Sedgwick - 1857 - 770 pages
...period." It was considered a mere direction, and not a limitation ; and the Court proceeded to add, " The general rule is, that where a statute specifies...will be considered as directory merely, unless the nature of the act to be performed, or the language used by the legislature, shows that the designation... | |
 | William H. R. Wood - 1857 - 834 pages
...to кг", and vacates the office. Payne ». San Francisco, 3 Cal. 122. 7. When a statute spécules the time within which a public officer Is to perform an official act, regarding th« rights and duties of others, it Is directory merely, unless it appears that the designation of... | |
 | Austin Abbott - 1859 - 574 pages
...the second section of the act ; and it is a general rule in the construction of statutes, that when a statute specifies the time within which a public...others, it will be considered as directory merely, and not mandatory or jurisdictional, unless the nature of the act to be performed, or •the language... | |
 | Benjamin Vaughan Abbott - 1859 - 580 pages
...the second section of the act; and it is a general rule in the construction of statutes, that when a statute specifies the time within which a public officer is to perform an officifil act regarding the rights and duties of others, it will be considered as directory merely,... | |
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MARCY, delivering the opinion of the court, said: '-The general rule is, that where a statute specifies the time within which a public officer is to perform an official act regarding the rights and duties of others, it will be considered as directory... 
