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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,... "
Statutes and Statutory Construction: Including a Discussion of Legislative ... - Halaman 573
oleh Jabez Gridley Sutherland - 1891 - 696 halaman
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Reports of Civil and Criminal Cases Decided by the ..., Volume 4;Volume 102

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 halaman
...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...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 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 halaman
...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...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 220

Illinois. Supreme Court - 1906 - 712 halaman
...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...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 776 halaman
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 6

Thomas Harvey Coldwell - 1870 - 790 halaman
...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...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1871 - 846 halaman
...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...
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Minutes of the General Association of the Congregational Churches of ...

Congregational Churches of Michigan. General Association - 1873 - 710 halaman
...known legal rule, that where public rights are concerned it shall be construed as mandatory." — " 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...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1874 - 904 halaman
...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,...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 11

Nevada. Supreme Court - 1877 - 518 halaman
...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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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - 1880 - 964 halaman
...directory, will not vitiate the proceedings, so as to render the subscription invalid. Idem, G95 4. Those directions which are not of the essence of the thing to be clone, hut which are given with a view merely to the proper, orderly, and prompt conduct of the business,...
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