 | Law - 1834 - 522 pages
...there is no improvement of division fence. Ib. CONSTRUCTION OF STATUTES. 1. (Order of court martial.) A statute, specifying a time within which a public...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 is such, that... | |
 | 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... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...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 by the legislature, show that the designation of time was intended as a limitation of... | |
 | 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... | |
| |
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... 
