Mandatory

Containing a command; peremptory. As applied to statutes, a provision is mandatory if proceedings in disregard of it are absolutely void. 1 Duer (N. Y.) 79.

In the construction of statutes, this word is applied to such as require to be obeyed, under penalty of having proceedings under them declared void. Directory statutes must be obeyed, but, if not, do not invalidate the act. See Statute.

Containing a command; preceptive; imperative; peremptory. A provision in a statute is mandatory when disobedience to it will make the act done under the statute absolutely void; if the provision is such that disregard of it will constitute an irregularity, but one not necessarily fatal, it is said to be directory. So, the mandatory part of a writ is that which commands the person to do the act specified.

— Mandatory injunction. See Injunction.

He to whom a mandate, charge or commandment is given; also, he that obtains a benefice by mandamus. Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct. 924, 35 L. Ed. 662.

The principal technical use of this word is in distinguishing statutes which must be obeyed according to the substantial import of their terms under sanction of having the act or proceeding adjudged void, from those which ought indeed to be obeyed, but, if disobeyed, do not invalidate what is done under them; which latter class of enactments are called directoiy. See Statutes; also May; Shall.