A provision in a statute, rule of procedure, or the like, is said to bedirectory when it is to be considered as a mere direction or instruction of no obligatoryforce, and Involving no invalidating consequence for its disregard, as opposed to animperative or mandatory provision, which must be followed. The general rule Is that theprescriptions of a statute relating to the performance of a public duty are so fardirectory that, though neglect of them may be punishable, yet it does not affect the validityof the acts done under them, as in the case of a statute requiring an officer toprepare and deliver a document to another officer on or before a certain day. Maxw. Interp.St. 330, et seq. And see Pearse v. Mortice, 2 Adol. & EI. 94: Nelms v. Vauglian, 84Va. 696, 5 S. E. 704; State v. Conner, 80 Tex. 133, 23 S. W. 1103; Payne v. Fresco, 4Kulp (Pa.) 26; Bladen v. Philadelphia, 60 Pa. 466.
Black’s Law Online Dictionary
