Blacks Law Dict. 1st ed

MINOR QUI INFRA, ETC.

776

MINISTER

MINISTRANT. The party cross-exam ining a witness was so called, under the old system of the ecclesiastical courts. MINISTRI REGIS. Lat. In old En glish 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 the government who are in the cabinet. MINOR. An infant or person who is under the age of legal competence. A term derived from the civil law, which de scribed a person under a certain age as les$ than so many years. Minor viginti quinque annis, one less than twenty-five years of age. Inst. 1, 14, 2. Also, less; of less consideration; lower; a person of inferior condition. Fleta, 2, 47, 13,15; Calvin. MINOR 2ETAS. Lat. Minority or in fancy. Cro. Car. 516. Literally, lesser age. Minor ante tempus agere non potest in casu proprietatis nee etiam oonve nire; differetur usque setatem; sed non cadit breve. 2 Inst. 291. A minor before majority cannot act in a case of property, nor even agree; it should be deferred until ma jority ; but the writ does not fail. MINOR PACT. In the law of evidence. A relative, collateral, or subordinate fact; a circumstance. Wills, Circ. Ev. 27; Burrill, Circ. Ev. p. 121, note, 582, Minor jurare non potest. A minor can not make oath. Co. Litt. 1726. An infant cannot be sworn on a jury. Litt. 289. Minor minorem custodire non debet, alios enim prsesumitur male regere qui seipsum regere nescit. A minor ought not to be guardian to a minor, for he who knows not how to govern himself is presumed to be unfit to govern others. Fleta, lib. 1, c 10; Co. Litt. 886. Minor non tenetur respondere durante minori rotate, nisi in causa dotis, propter favorem. 3 Bulst. 143. A minor is not bound to reply during his minority, except as a matter of favor in a cause of dower. Minor qui infra eetatem 12 annorum fuent ultagari non potest. nee extra le gem poni, quia ante talem aatatem, non est sub lege aliqua, nee in decenna. Co. Litt. 128. A minor who is under twelve

called a "cabinet minister," "secietary of state," or "secretary of a department." In international law. An officer ap pointed by the government of one nation as a mediator or arbitrator between two other nations who are engaged in a controversy, 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 residents. In ecclesiastical law. A person ordained according to the usages of some church or associated body of Christians for the preach ing of the gospel and filling the pastoral of fice. In practice. An officer of justice, charged with the execution of the law, and hence termed a "ministerial officer;" such as a sheriff, bailiff, coroner, sheriff's officer. Britt. c. 21. An agent; one who acts not by any inher ent authority* but under another. MINISTERIAL. That which is done nnder the authority of a superior; opposed to judicial; that which involves obedience to instructions, but demands no special discre tion, judgment, or skill. MINISTERIAL ACT. A ministerial act may be defined to be one which a person per forms in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without 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 gen eral proposition, ministerial acts. 54 Ind. 876. MINISTERIAL POWERS. A phrase used in English conveyancing to denote powers given for the good, not of the donee himself exclusively, or of the donee himself necessarily at all, but for the good of several persons, including or not including the donee also. They are so called because the donee of them is as a minister or servant in his exercise of them. Brown. MINISTERIAL TRUSTS. (Also called "instrumental trusts.") Those which demand no further exercise of reason or un derstanding than every intelligent agent must necessarily employ; as to convey an es tate. They are a species of special trusts, distinguished from discretionary trusts, which necessarily require much exercise of the understanding. 2 Bouv. Inst. no. 1896.

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