DIRECTORY

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 so 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. Interp. St 330, et seq. And see Pearse v. Morrice, 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 v. 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 is distinguished from a discretionary trust, in which the trustee has a discretion as to the management of the fund. Deaderick v. Cant rei 1, 10 Yerg. 272, 31 Am. Dec. 576.