In other words, as the cases universally hold, 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... The American Jurist - Page 1331834Full view - About this book
| Law reports, digests, etc - 1838 - 700 pages
...public officer is to perform an official act re garding the rights and duties of others, is di rectory merely, unless the nature of the act to be performed, or the phraseolpgy of the statute is such, that the designation of time must be con sidered as a limitation... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...January. Did this forfeit his right to the office? 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, merely, unless the act to be performed, or the language used by... | |
| E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...the decision of this question, laid down the general rule to be, 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, unless the nature of the act to be performed, or the language used... | |
| 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 - Law reports, digests, etc - 1852 - 560 pages
...was not legalty convened. The court, in deciding the case, say, that " when 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 regarded as directory merely, unless the nature of the act to be performed or the language... | |
| Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...limitation ; and the Court proceeded to add, " 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 merely, unless the nature of the act to be performed, or the language... | |
| William H. R. Wood - Law - 1857 - 834 pages
...кг", and vacates the office. Payne ». San Francisco, 3 Cal. 122. 7. When a statute spécules the eretofore decided against the Mexican Government, which may have arisen pre th« rights and duties of others, it Is directory merely, unless it appears that the designation of... | |
| Austin Abbott - Civil procedure - 1859 - 574 pages
...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...official act regarding the rights and duties of others, it will be considered as directory merely, and not mandatory or jurisdictional, unless the nature of... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1867 - 664 pages
...is, as stated by MABCT, J., in The People v. Allen (6 Wend, 486), that " where a statute specifies a time within which a public officer is to perform...official act, regarding the rights and duties of others, it will be considered as directory merely, unless the nature of the act to be performed, or the language... | |
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