KFLCC Kingdom Law 2nd Ed.

MONITION

790

MONSTRANS DE FAITS

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 particular business or trade, manufacture a particular article, or control the sale of the whole supply of a particular commodity. Defined in English law to be "a license or privilege allowed by the king for the sole buying and selling, making, working, or us ing, of anything whatsoever; whereby the subject in general is restrained from that lib erty of manufacturing or trading which he had before." 4 Bl. Comm. 159; 4 Steph. Comm. 291. And see State v. Duluth Board of Trade, 107 Minn. 506, 121 N. W. 395, 23 L. R. A. (N. Si) 1260. A monopoly consists in the ownership or control of so large a part of the market-sup ply or output of a given commodity as to stifle competition, restrict the freedom of commerce, and give the monopolist control over prices. See State v. Eastern Coal Co., 29 R. I. 254, 70 Atl. 1, 132 Am. St. Rep. 817; Over v. Byram Foundry Co., 37 Ind. App. 452,'-77 N. E. 302, 117 Am. St. Rep. 327; State v. Haworth, 122 Ind. 462, 23 N. E. 946, 7 L. R. A. 240; Davenport v. Kleinschmidt 6 Mont. 502, 13 Pac. 249; Ex parte Levy, 43 Ark. 42, 51 Am. Rep. 550; Case of Monopo lies, 11 Coke, 84; Laredo v. International Bridge, etc., Co., 66 Fed. 246, 14 C. a A. 1; International Tooth Crown Co. v. Hanks Dental Ass'n (C. C.) Ill Fed. 916; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, 22 L. R. A. 483; Herriman v. Menzies, 115 Cal. 16, 46 Pac. 730, 35 L. R. A. 318, 56 Am St Rep. 81. MONSTER. A prodigious birth; a hu man birth or offspring not having the shape of mankind, which cannot be heir to any land, albeit it be brought forth in marriage Bract fol. 5; Co. Litt. 7, 8; 2 Bl. Comm. 246. MONSTRANS DE DROIT. L. Fr. In English law. A showing or manifestation of right; one of the common law methods of obtaining possession or restitution from the crown, of either real or personal property. It is the proper proceeding when the right of the party, as well as the right of the crown, appears upon record, and consists in putting in a claim of right grounded on facts already acknowledged and established, and praying the judgment of the court whether upon these facts the king or the subject has the right 3 Bl. Comm. 256; 4 Coke, 546. MONSTRANS DE FAITS. L. Fr. In old English practice. A showing of deeds; a species of profert Coweli.

which is either a simple monition in per sonam or an attachment and monition in rem. Ben. Adm. 228, 239. It is sometimes termed "monition viis et modis" and has been supposed to be derived from the old Roman practice of summoning a defendant. Manro v. Almeida, 10 Wheat. 490, 6 L. Ed. 369. 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 admonish the defendant to appear and answer, and not a summons addressed to the party. 2 Conk. Adm. (2d Ed.) 147. —General monition. In civil law and ad miralty practice. A monition or summons to all parties in interest to appear and show cause against the decree prayed for. 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 restrained 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. See INSANITY. Monopolia dicitur, cum anus solus ali quod genus mercaturae universum emit, pretium ad inum 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. MONITORY LETTERS.