Ministerial

That which is done under the authority of a superior; opposed to judicial; that which involves obedience to instructions, but demands no special discretion, 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, ministerial acts. Pennington v. Streight, 54 Ind. 376 ; Bair v. Struck, 29 Mont. 45, 74 Pac. 69, 63 I). 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 duty. A ministerial 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 admitted 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 In Ed. 437; People v. Jerome, 36 Misc. Rep. 256, 73 N. Y. Supp. 306; Duvall v. Swann, 94 Md. 608, 6l 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 becomes a wrong to such individual. Morton v. Comptroller General, 4 S. C. 473,

— Ministerial officer. One whose duties are purely ministerial, as distinguished from executive, legislative, 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 In R. A. 915 ; Reid v. Hood, 2 Nott & McC. (S. C.) 169, 10 Am. Dec. 582

— Ministerial power. See Power.

— Ministerial trnst. See TRUST.