Ministerial

That which Is done under the authority of a superior; opposed to judicial; as, the sheriff is a ministerial officer bound to obey the judicial commands of the court. When an officer acts in both a judicial and ministerial capacity, he may be compelled to perform ministerial acts in a particular way; but when he acts in a judicial capacity, he can only be required to proceed; the manner of doing so is left entirely to his judgment. 10 Me. 377; Bac. Abr. "Justices of the Peace" (E); 1 Conn. 295; 3 Conn. 107; 9 Conn. 275; 12 Conn. 464. See "Mandamus."

That which is done under the authority of a superior; opposed to Judicial; as, the sheriff is a ministerial officer bound to obey the Judicial commands of the court. 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 acts being done; American Casualty Insurance & Security Co. V. Flyler, 60’ Conn. 448, 22 Atl. 494, 25 Am. St. Rep. 337; Rains v. Simpson, 60 Tex. 601, 32 Am. Rep. 609. Acts done out of court in bringing parties into court are, as a general proposition, ministerial acts; Pennington v. Straight, 64 Ind. 376. See South V. Maryland, 18 How. (U. S.) 896, 15 L. Ed. 483; State v. Doyle, 40 Wls. 175, and ministerial capacity, he may be compelled to perform ministerial acts in a particular way; but when he acts in a Judicial capacity, he can only be required to proceed; the manner of doing so is left entirely to his Judgment. See Cowan v. Adams, 10 Me. 377, 25 Am. Dec. 242; Bacon, Abr. Juaticea of the Peace (E); Pox v. Hills, 1 Conn. 295; Betts V. Dimon. 3 Conn. 107; Inhabitants ot Town of Stratford v. Sanford, 9 Conn. 275; Crane V. Camp, 12 Conn. 464; Mandamus; Office.

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.

Attendant upon; subservient, cuted under the authority of or in not in the exercise of a discretioni is done in a given state of facts in ence to legal authority, without regard son acting. Ministerial dnty: a duty is left to the discretion of the person terial officer: an officer who has no authority.

That which {s done under the authority of a superior; opposed to judicial; that which involves obedience to instructions, but demands no special discretion, judgment, or skill.