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" Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced,... "
Decisions of the Department of the Interior in Cases Relating to the Public ... - Σελίδα 325
των United States. Department of the Interior - 1911
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Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 4;Τόμος 102

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 σελίδες
...when a statute is only directory is well stated in Cooley on Constitutional Limitations, as follows: "Those directions which are not of the essence of...done, but which are given with a view merely to the properly, orderly and prompt conduct of the business, and by a failure to obey which the right of those...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 119

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 - 1900 - 840 σελίδες
...ballot. " Judge COOLEY, in his valuable work on Constitutional Limitations ( 6th Ed., p. 92), says : ' Those directions which are not of the essence of the...orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 220

Illinois. Supreme Court - 1906 - 712 σελίδες
...at least ten days before the time fixed for such meeting, is evidently intended only as a direction "given with a view merely to the proper, orderly and prompt conduct" of the commissioners in calling such meeting, and a failure to obey that provision will not prejudice the...

A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 776 σελίδες
...to be made use of in determining whether the provisions of a statute are mandatory or directory. ' Those directions which are not of the essence of the thing to be done, but which arc given with a view merely 1 State v. Lean, 9 Wis. 292. to the proper, orderly, and prompt conduct...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 6

Thomas Harvey Coldwell - 1870 - 790 σελίδες
...the subject of the distinction between directory and mandatory provisions in statutes, states, that: "Those directions which are not of the essence of...orderly and prompt conduct of the business, and by a failure to obey which, the rights of those interested will not be prejudiced, are not commonly to...

A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1871 - 846 σελίδες
...are to be made use of in determining whether the provisions of a statute are mandatory or directory. Those directions which are not of the essence of the...to the proper, orderly, and prompt conduct of the [* 78] business, and by a failure to obey which the rights of those 1 State v. Lean, 9 Wis. 292. interested...

Minutes of the General Association of the Congregational Churches of ...

Congregational Churches of Michigan. General Association - 1873 - 710 σελίδες
...falls within the well known legal rule, that where public rights are concerned it shall be construed as mandatory." — " Those directions which are not of...orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to...

A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1874 - 904 σελίδες
...are to be made use of in determining whether the provisions of a statute are mandatory or directory. Those directions which are not of the essence of the...to the proper, orderly, and prompt conduct of the busi- [* 78] ness, and by a failure to obey which the rights of those interested will not be prejudiced,...

A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1874 - 914 σελίδες
...given with a view merely *to the proper, orderly, and prompt conduct of the busi- [* 78] ness, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory ; and if the act is performed, but not in...

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμος 11

Nevada. Supreme Court - 1877 - 518 σελίδες
...Cook, 69. 3. STATUTE, WHEN DIRECTORY. — A statute prescribed merely as a matter of form, containing directions which are not of the essence of the thing to be done, but which are given solely with a view to the orderly and prompt conduct of the business is merely directory. Odd Fellows'...




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