DIRECTORY

DIRECTORY

DIRECTORY

DIRECTORY

A provision in a statute, rule of procedure, or the
like, that is a mere direction or instruction of no
obligatory force and involves no invalidating consequence
for its disregard, as opposed to an imperative
or mandatory provision, which must be
followed. The general rule is that the prescriptions
of a statute relating to the performance of a public
duty are so far directory that, though neglect of
them may be punishable, it does not affect the
validity of the acts done under them, as in the case
of a statute requiring an officer to prepare and
deliver a document to another officer on or before
a certain day.

Generally, statutory provisions that do not
relate to the essence of a thing to be done, and as
to which compliance is a matter of convenience
rather than of substance, are directory, while
provisions that relate to the essence of a thing to
be done, that is, matters of substance, are
mandatory.

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