Blacks Law Dict. 1st ed

MONEY ORDER

785

MONETA

MONEY CLAIMS. In English prao* tice. Under the j udicature act of 1875, claims for the price of goods sold, for money lent, for arrears of rent, etc., and other claims where money is directly payable on a con tract express or implied, as opposed to the cases where money is claimed by way of dam ages for some independent wrong, whether by breach of contract or otherwise. These "money claims" correspond very nearly to the "money counts" hitherto in use. Mozley & Whitley. MONEY COUNTS. In pleading. A species of common counts, so called from the subject-matter of them; embracing the in debitatus assumpsit count for money lent and advanced, for money paid and expended, and for money had and received, together with the insimul computassent count, or count for money due on an account stated. 1 Burrill, Pr. 132. MONEY DEMAND. A claim fora fixed and liquidated amount of money, or for a sum which can be ascertained by mere cal culation; in this sense, distinguished from a claim which must be passed upon and liqui dated by a jury, called "damages." MONEY HAD AND RECEIVED. In pleading. The technical designation of a form of declaration in assumpsit, wherein the plaintiff declares that the defendant had and received certain money, etc. MONEY JUDGMENT. One whichad judges the payment of a sum of money, as distinguished from one directing an act to be done or property to be restored or transferred. MONEY LAND. A phrase descriptive of money which is held upon a trust to con vert it into land. MONEY LENT. In pleading. The technical name of a declaration in an action of assumpsit for that the defendant promised to pay the plaintiff for money lent. MONEY MADE. The return made by a sheriff to a writ of execution, signifying that he has collected the sum of money required by the writ. MONEY OF ADIEU. In French law. Earnest money; so called because given at parting in completion of the bargain. Arrhet is the usual French word for earnest money "money of adieu" is a provincialism found in the province of Orleans. Jfoth. Cont. 507; MONEY ORDER. Under the postal regulations of the United States, a money

MONETA. Money, (g. t>.) Moneta est justum medium et mensu ra rerum commutabilium, nam per me dium monetse fit omnium rerum con veniens et justa sestimatio. Dav. Ir. K. B. 18. Money is the just medium and meas ure of commutable things, for by the medium of money a convenient and just estimation of all things is made. MONETAGIUM. Mintage, or the right of coining money. Cowell. Hence, ancient ly, a tribute payable to a lord who had the prerogative of coining money, by his ten ants, in consideration of his refraining from changing the coinage. Moneiandi jus comprehenditur in re galibus queB nunquam a regio sceptro abdicantur. The right of coining money is comprehended among those royal prerogatives which are never relinquished by the royal scepter. Dav. Ir. K. B. 18. MONEY. A general, indefinite term for the measure and representative of value; currency; the circulating medium; cash. "Money" is a generic term, and embraces eVery description of coin or bank-notes rec ognized by common consent as a representa tive of value in effecting exchanges of prop erty or payment of debts. 5 Humph. 140. Money is used in a specific and also in a general and more comprehansi/e sense. In its specific sense, it moans what is coined or stamped by pub lic authority, and has its determinate value fixed by governments. In its more comprehensive and genera^ sense, it means wealth,—the representative of commodities of all kinds, of lands, and of every thing that can be transferred in commerce. 81 Tax. 10. In its strict technical sensa, "money" means coin?l metal, usually gold or silver, upon which th«j government stamp has been impressed to indi cate its valua. In its more popular sense," money " meeTis any currency, tokens, bank-notes, or other circulating medium in general use as the repre Bentative of value. 45 Tex. 805. The term "moneys" is not of more extensive sig nification th«n "money," and means only cash, and not things in action. 14 Johns. 1; 1 Johns. Oh. 231. MONEY-BILL. In parliamentary lan guage, an act by which revenue is directed to be raised, for any purpose or in any shape whatsoever, either for governmental pur poses, and collected from the whole people generally, or for the benefit of a particular district, and collected in that district, or for making appropriations. MONEY-BROKER. A money-changer; a scrivener or jobber; one who lends or raises money to or for others. AM.DIOT.LIW—50

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