Blacks Law Dict. 1st ed

786

MONEY-ORDER OFFICE

MONOPOLY

ordei is a species of draft drawn by one post office upon another for an amount of money deposited at the first office by the person pur chasing the money order, and payable at the second office to a payee named in the order. MONET-ORDER OFFICE. One of the post-offices authorized to draw or pay money orders. MONEY PAID. In pleading. The tech nical name of a declaration in assumpsit, in which the plaintiff declares for money paid for the use of the defendant. MONEYED CAPITAL. This term has a more limited meaning than the term "per sonal property," and applies to such capital as is readily solvable in money. 28 Fed. Rep. 776. MONEYED CORPORATION. A cor poration having the power to make loans up on pledges or deposits, or authorized by law to make insurance. 2 Rev. St. N. Y. (7th Ed.) 1371. MONGER. A dealer or seller. It is sel dom or never used alone, or otherwise than after the name of any commodity, to express a seller of such commodity. MONIERS, or MONEYEERS. Minis ters of the mint; also bankers. Cowell. MONIMENT. A memorial, superscrip tion, or record. MONITION. In practice. A monition is a formal order of the court commanding something to be done by the person to whom it is directed, and who is called the "person monished." Thus, when money is decreed to be paid, a monition may be obtained com manding its payment. In ecclesiastical pro cedure, a monition is an order monishing or warning the party complained against to do or not to do a certain act "under pain of the law and contempt thereof." A monition may also be appended to a sentence inflicting a punishment for a past offense; in that case the monition forbids the repetition of the offense. Sweet. In admiralty practice. The summons to appear and answer, issued on filing the libel; which is either a simple monition in personam or an attachment and monition in rem. Ben. Adm. 228, 239. It is some times termed " monition viis et modis," and has been supposed to be derived from the old Roman practice of summoning a defendant. 10 Wheat. 490.

The monition, In American admiralty practice, is, in effect, a summons, citation, or notice, though in form a command to the marshal to cite and ad monish the defendant to appear and answer, and not a summons addressed to the party. % Conk. Adm. (2d Ed.) 147. MONITORY LETTERS. Communica tions of warning and admonition sent from an ecclesiastical judge, upon information of scandal and abuses within the cognizance of his court. MONOCRACY. A government by one person. MONOCRAT. A monarch who governs alone; an absolute governor. MONOGAMY. The marriage of one wife only, or the state of such as are re strained to a single wife. Webster. A marriage contracted between one man and one woman, in exclusion of all the rest of mankind. The term is used in opposition to "bigamy" and "polygamy." Wolff, Dr. de la Nat. § 857. MONOGRAM. A character or cipher composed of one or more letters interwoven, being an abbreviation of a name. MONOGRAPH. A special treatise upon a particular subject of limited range; a trea tise or commentary upon a particular branch or division of a general subject. MONOMACHY. A duel; a single com bat. It was anciently allowed by law for the trial or proof of crimes. It was even per mitted in pecuniary causes, but it is now for bidden both by the civil law and canon laws. MONOMANIA. In medical jurispru dence. Derangement of a single faculty of the mind, or with regard to a particular sub ject, the other faculties being in regular ex ercise. Monopolia dicitur, cum unus solus aliquod genus mercaturae universum emit, pretium ad suum libitum statuens. 11 Coke, 86. It is said to be a monopoly when one person alone buys up the whole of one kind of commodity, fixing a price at his own pleasure. MONOPOLIUM. The sole power, right, or privilege of sale; monopoly; a monopoly. Calvin. MONOPOLY. In commercial law. A privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right (or power) to carry on a.

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