| Law - 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... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...county court before the first of January. Did this forfeit his right to the office? The general rule is, that where a statute specifies the time within...will be considered as directory, merely, unless the act to be performed, or the language used by the legislature, shows that the designation of time was... | |
| Alabama. Supreme Court - Law reports, digests, etc - 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 - Constitutional law - 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 - Law reports, digests, etc - 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... | |
| William H. R. Wood - Law - 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 - Civil procedure - 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 - Civil procedure - 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,... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1864 - 604 pages
...day of June ? The court in the decision of this question laid down the general rule to be, that when a statute specifies the time within which a public...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... | |
| Henry Jacob Labatt - Law reports, digests, etc - 1861 - 486 pages
...on or before the first Monday of May is directory. And generally, when a time is fixed by statute, within which a public officer is to perform an official...rights and duties of others, it will be considered directory unless the nature of the act to be performed, or the language of the legislature, shows that... | |
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