directory

The act of making such advertisements, is the duty of the sheriff; it is a matter merely directory; and, unless an actual injury has been sustained by an omission, it would be hard, indeed, that it should affect the title of a bona fide purchaser.

When a statute directs certain proceedings to be done in a certain way or at a certain time, and the form or the period does not appear essential to the judicial mind, the law will be regarded as directory, the time and manner not being of the essence of the thing to be done. 52 111. App. 360.

A provision in a statute, rule of procedure or the like, is said to be directory when it is to be considered as a mere direction or instruction of no obligatory force, and involving 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 se far directory that, though neglect of them may be punishable, yet 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. Maxw. In-terp. St 330, et seq. And see Pearse v. Mor-rlce, 2 Adol. & El. 94; Nelms v. Vaughan, 84 Va. 696, 5 S. E. 704; State v. Conner, 86 Tex. 133, 23 S. W. 1103; Payne v. Fresco, 4 Kulp (Pa.) 26; Bladen . Philadelphia, 60 Pa. 466.

— Directory trust. Where, by the terms of a trust, the fund is directed to be vested in a particular manner till the period arrives at which it is to be appropriated, this is called a "directory trust." It ls distinguished from a discretionary trust, in which the trustee has a discretion as to the management of the fund. Deaderick v. Cantrell, 10 Yerg.. 272, 31 Am. Dec. 576.

A provision in astatute, rule of procedure, or the like, is said to be directory when it is to be considered as a mere direction or instruction of no obligatory force, and involving no invalidating consequence for its disregard, a8 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, yet it does nob affect the validity of the acts dune 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. Maxw. Interp. St. 330, et seq.