Page:Black's Law Dictionary (Second Edition).djvu/789

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MINISTER

with their consent, with a view to effecting an amicable adjustment of the dispute.

A general name given to the diplomatic representatives sent by one state to another. including ambassadors, envoys, and resi- dents.

In ecclesiastical law. A person ordained according to the usages of some church or associated body of Christians for the preach- iu'.z of the gospel and filling the pastoral oilice.

In practice. An officer of justice, charg- ed with the execution of the la ', and hence termed a "ministerial om:-er-." such as a sliei-iii, bailiff, coroner, sherlCE's officer. Britt. c 21.

An agent; one who acts not by any inherent authority, but under another. —l‘u1-eign xninister. An amliassador. minister, or envoy from u foreign government. Cher- okee i\'-ition v. Georgia. 5 Pet. 56. 8 L. Ed. 25. —Public minister. in international law. A general term comprehending all the higher cl * es of diplomatic repi-eseniatives,—os aiuba - dors. envoys. i-esidents.—hut not including the commercial representatives. such as consuls.

MINISTERIAL. That which is done under the aiithority of a superior; opposed to indies‘/ii; that which involves obedience to lnstriictions, but demands no special discretion. judgment, or skill.

—Ministerial not. A ministerial act may he defined to be one which a person performs in ii given state of facts. in a prescribed manner, in obedience to the mandate of legal authority. viiihnut regard to or the exercise of his own judgment. upon the propriety of the act being done. Acts done out of court in bringing parties into court are, as a general proposition. ministori-il nets. Penninvton v. Streight_ 54 Ind. 378: Buir v. Struck 99 Mont. 45. 74 Pac. 69, . . 11. A. 4 : K e v. Nash, 06 Ohio St. 012. 64 N E S: Grirler v. Tally. 77 Alo. 424. 5-1 Am. Rep. Gn.—Ministerisl duty. ' terinl duty, the peiforiunnoe of which may in pro r cases he required of a public officer by ju ai proceedings. is one in respect to which nothing is left to discretion: it is a simple. definite duty arising under circumstances ad- mitted or proved to exist and mposed by law. State v. l\IrGrath. 9'2. Mo. . 5 S. W. _. : \ ssippi v. Johnson. 4 Wall. 499. IS IA. Ed. 4. . People v. Jerome. 36 Misc. Rep. 2 G 73 2\. Y. Supp. 201., D-uvail v. Swann. 94 Md. G08. 51 Ail. 617: Gledhill v. Governor. 25 N. J. law. 351. A ministerial duty arises when in: individual has such a legal interest in its performance that neglect of performance hecnmes a wrong to such individual. Morton v. (‘omptrnlier General. 4 S. C. 473.—Ministe- rial nfiicer. One whose duties are purely min- isterial, as distinguisbctl from execiitive. le2islutive, or judicial functions. requiring obedience to the mandates of superiors and not involving the exercise of jurlginent or discretion. See U. S. v. Bell (C. C.) 1"’ End. 1002; Waldoe v. Wallace. 12 Ind. 5 State v. Loechncr. (‘5 il. 59 L. R. A. 915: Reid v. Hood. 2 Notl & MCC. (S. C.) 169. 10 Am. Dec .’ —Ministerial uwer. See Powita. —1VIlysteria.l trust. ee TRUST.

l\‘eli. S14. 91 N. W. S

MINISTRANT. The party cross-exam- lning a witness was so called. under the old system of the ecclesiastical courts

781

MINOR SEPTEMDECIM

MINISTRI REGIS. Lat. In old English law. Ministers of the king. applied to the judges of the realm, and to all those who hold ministerial offices ‘in the government. 2 Inst. 208.

MINISTRY. Office; service. Those members of me government who are lnthe cahinet

MINOR. An infant or person who is under the age of legal competence. A term de- rived trom the civil law, which described a person under a certain age as less than so many years. Minor vigirili quinque amiis, one less than twenty-five years of age. Inst. 1, 14, 2.

Also, less; of loss consideration; lower; a

person of interior condition. Fleta. 2, 47. 13, 15; Calvin. —1w.inor aetas. Int. Minority or infancy. Cro. Car. 510. Literally. lesser age.—Minor fact. In the law of evidence. A relative. co]- lnterai, or suiiordinate fact; a circumstance. Wills. Circ. Ev. 27: Burrili. Circ. Ev. p. 121. note, 582.

Minor nuts tempus agere non potent in casu prop:-ietatis nee etiam conve- nlre: differ-etur usque mtntem: Set] 11011 cadit breve. 2 inst. 291. A minor before majority cannot act in a case of property. nor even agree: it should be deferred untii majority; but the writ does not fail.

Minor jui-are non potest. A minor cannot make oath. Co. Litl: 1720. An infant cannot be sworn on a Jury. Litt. 289.

Minor minor-em custpdire nun delict. alios enim prmsumitur male x-ego:-e qui seipsum regere nescit. A minor ought not to be guardian to a minor, for he who knows not how to govern himself is presum- ed to lie unfit to govern others. Fieta, iib. 1, c. 10: Co. Lltt 88b.

Minor non tenetnr responderc durante minori aetate, nisi in cnusn dotis. propter fawn:-em. 3 Bulst. 143. A minor is not bound to reply during his minority. except as a matter of favor in a cause of (lower.

Minor qui infra aetatem 12 iuuiorum fuel-it ultagari non potest, nee extra. le- gem poni. quin ante talem aetatem. non est suli legs nliqun, net: in decennn. Co. I ltt. 128. A nilnor who is under twelve vears of age cannot be outlawed, uor placed without the law, because before such age he is not under any law. nor in a deceunury.

Minor septemdecim annis non admittitnr fore executorezn. A person under seventeen years is not admitted to be an ex- ecutor. 6 Coke. 67. A rule of ecclesiastical

law.