KFLCC Kingdom Law 2nd Ed.

781

MINOR SEPTEMDEOIM

MINISTER

MINISTRI REGIS. In old Eng lish 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. Those members of the government who are in the cabinet. An infant or person who is un der the age of legal competence. A term de rived from the civil law, which described a person under a certain age as less than so many years. Minor vigmti 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, La t MINISTRY. Office; service. MINOR. Lat Minority or infancy. Cro. Car. 516. Literally, lesser age.— Minor fact. In the law of evidence. A relative, col lateral, or subordinate fact; a circumstance. Wills, Circ. Bv. 27; Burrill, Circ. Ev. p. 121, note, 582. Minor ante tempns agere non potest in casn proprietatis nee etiam conve nire; differetnr nsqne 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 majority; but the writ does not fail. Minor jurare non potest. A minor can not make oath. Co. Litt. 1726. An infant cannot be sworn on a jury. Litt 289. Minor minorent custodire non debet, alios enim prsesnmitur male regere qui seipsnm 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 be unfit to govern others. Fleta, lib. 1, c. 10; Co. Litt. 886. Minor non tenetnr respondere durante minori setate, nisi in causa dotis, prop ter 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 setatem 12 annorum fuerit ultagari non potest, nee extra le gem poni, quia ante talem setatem, non est sub lege aliqua, nee in decenna. Co. Litt. 128. A minor who is under twelve years of age cannot be outlawed, nor placed without the law, because before such age he Is not under any law, nor in a decennary. Minor septemdecim annis non admit- -titur fore exeeutorem. A person under seventeen years is not admitted to be an ex ecutor. 6 Coke, 67. A rule of ecclesiastical law. 13, 15; Calvin. — Minor cetas.

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 ordain ed according to the usages of some church or associated body of Christians for the preach ing of the gospel and filling the pastoral office. In practice. An officer of justice, charg ed with the execution of the law, and hence termed a "ministerial officer;" such as a sheriff, bailiff, coroner, sheriffs officer. Britt. c. 21. An agent; one who acts not by any inher ent authority, but under another. — Foreign minister. An ambassador, minis ter, or envoy from a foreign government. Cher okee Nation v. Georgia, 5 Pet 56, 8 L. Ed. 25. — Public minister. In international law. A general term comprehending all the higher class es of diplomatic representatives,—as ambassa dors, envoys, residents,—but not including the commercial representatives, such as consuls. That which is done un der 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 performs 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 general proposition, minis terial acts. Pennington v. Streight, 54 Ind. 376; Bair v. Struck, 29 Mont. 45, 74 Pac. 69, 63 L. R. A. 481; State v. Nash, 66 Ohio St. 612, 64 N. E. 558: Grider v. Tally, 77 Ala. 424, 54 Am. Rep. 65.— Ministerial dnty. A minis terial duty, the performance of which may in proper cases be required of a public officer by judicial 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 imposed by law. State v. McGrath, 92 Mo. 355, 5 S. W. 29; Mississippi v. Johnson, 4 Wall. 498, 18 L. Ed. 437; People v. Jerome, 36 Misc. Rep. 256, 73 N. T. Supp. 306; Duvall v. Swann, 94 Md. 608, 51 Atl. 617; Gledhill v. Governor, 25 N. J. Law, 351. A ministerial duty arises when an individual has such a legal interest in its performance that neglect of performance be comes a wrong to such individual. Morton v. Comptroller General, 4 S. C. 473.— Ministe rial officer. One whose duties are purely min isterial, as distinguished from executive, legis lative, or judicial functions, requiring obedience to the mandates of superiors and not involving the exercise of judgment or discretion. See U. S. v. Bell (C. C.) 127 Fed. 1002; Waldoe v. Wallace, 12 Ind. 572; State v. Loechner. 65 Neb. 814, 91 N. W. 874, 59 L. R. A. 915; Reid v. Hood. 2 Nott & McC. (S. C.) 169, 10 Am. Dec. 582— Ministerial power. See POWEB. —Ministerial trust. See TRUST. The party cross-exam ining a witness was so called, under the old system of the ecclesiastical courts. MINISTERIAL. MINISTRANT.