Page:Black's Law Dictionary (Second Edition).djvu/797

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MONETA EST JUSTUM MEDIUM

Moneta est justiun medium at xnensn.- rii reriun comnintaliilinm, nam per medium monetae fit omninm rerum con- venlens et justa. sestixnatio. Duv. Ir. I’. B. 18. Money is the just medium and meas- ure or cominiihible things, for by the medium or money a convenient and just estimation of all things is made.

MONETAGIUM. iiilntzige, or the right of coining money. Cowell. Hence, ancient- 1y, a tribute payable to a lord who had the prerogiithe of coining money, by his tenants. in consideration 01! his refraining from changing the coinage.

Mnnatandi his coxnprelienditnr in re- galitmn qua: nnnqnaun a 1'2;-lo lceptro sidieantnr. The right or coming money is comprehended among those royal prerogatlva which are never relinquished by the royal scepter. Dav. Ir. K. B. 18.

MONEY. A general. indefinite term for the measure and representative 0! value; currency; the circulating medium; cash.

“lliouey” is :1 generic term, and embraces every description of coin or bank-notes recognized by common consent us at representative of value in effecting exchanges of prop- erty or payment of debts. llopson v. Fountain. 5 Hiiiuph. (Teiin.) 140.

Money is used in a specific and also in a general and more comprehensive sense-. In its specific sense. it mciiiis what is coined or stamped hy puhlic nuthoiity, nnd has its determinate value fixed iiy governments. In its more comprehensive and general sense. it means wealth.- lhe representative of ci-niinodities of all kinds, of innds, and of everything that can be transferred in commerce. Poul v. Ball, 31 Tex. 10.

in its strict technical sense, "money" menns coined metal, usually gold or silver. upon which the government stamp has he-en impressed to indicate its value in its more popular sense, "money" means any currency, tokens, bank- notes, or other circulating medium in general use as the representative of vulue. Kennedy V. Bi-iere, 45 Tax. 305.

The term "moneys" is not of more extensive signification than “inoncy." and means only cash, and not things in action. M.-inn v. Mann, 14 Johns (N. Y.) 1. 7 Am. Dec. 416.

—-Money-hill. In parliamentary language, an act by which rercniie is dircctcd in he raised, for any purpose or in any shape whatsoever, either for gmveriimcnlai purposes. iind collected from the V\‘il0l(‘ pcnplc 1zcncl‘:illy, or [or the benefit of :1 parliculiir district, and collected in thiit district, or for making nmiropi'iations. Opinion of Justices, 126 \i:.iss. 547: Northern Counties lnv-. Trust v SC:u'.=|. 30 Or. 383. 41 P16. 931, 35 L. R A. 1S8.—Money izlaizns. I_n Finglish practice. Under the judicature not of 1875. claims for the price of goods sold, for money lent, for lll'l‘(‘8l'S of rent, etc., and other claims Where money is directly pnynhlc on 8. contract express or implied, as opposed to the uses where money is claimed by way of damages for some independent wrong, whether by breach ot contract or otherwise. esc "money cluiins" correspond very nearly to the "money cniints hitherto in use. Mozicy & Wbitley.—Maney demand. claim for a fixed and iiquidnted amount of money, or for a sum wbich can be ascertained by mere calcuhition; in this sense, distinguished from a claim which must be pass-

789

MONITION

ed upon and liquidated by a jury. called "daii ages." Roberts v. Nodwift, S 1nd. 341: Mills V. Long, 58 Ala. 4Ci().—Maney had and received. in pleading. The technical designs tion of a form of declaration in aa.imn:.;:sit, wherein the plaintiff dccizires tho: the defendant had and received certain money, etc.—Maney land. A phrase desciiptive of money which is held upon a trust to convert it into lnnd.—Money lent. In pleading. The technical name of a declaration in an action of uaauinpsit for that the defendant promised to pay the plaintiff for money lent.—Money mnde. The rivluiu niiille by a sherifi to a writ of execution, si-niiying that be bas collected the sum of money ii-quircd by the n'ritr-Money of adieu. In Fir-nth law. Earnest money: so called because giien at parting in completion of the bargain. A1-rhea is the usual French word for earnest lnuuc); “money of adieu" is a provinciaiism found in the province of Orleins. I'0th. Cont. 5U7.—- Money order. Under the postal rcgulalions of the United States, a money order is lit species of draft drawn by one post-office upon another for an amount of money deposited at the fil‘Ft office by the person purclinsing the money ordc and payable or the second ollice to a payee muned in the oiilcr. See U. S. v. Long (C. C.) 30 Fed. G79.—Money-order utfiee. One of tbs post-otliccs -authorized to drziw or pay money orders.—Money paid. In pleading. The technical name of a dccixirotion in iz.7aunip.~riI. in which the plnintilf deciiires for money paid for the use or the deEendant.—-Piihlio money. This term, as used in the laws of the United States, includes till the funds of the general government derived from the public revenues, or ll:lll'I|.\'trd to the fiscal officcrs. See Branch v. United States. 12 Ct. Cl. 28l.—Moneyed capital. This term has a more ' ‘ted manning than the teim “personal property." and applies to such capital as is readily solvable in money. Mer- cantile Nat. Bank v. New York, 121 U. S. 138, 7 Sup. Ct. 826, 30 L. Ed. 395.—Muneyed corporation. See CORPORATION.

As to money “Brol:er," “Count," “Jiidi.I- ment." and "Scrivener," see those tltla

MONGER. A Ll\‘zIl(‘l‘ or seller. It is sel- dom or never used alone, or othciwlse than after the name of any commodity, to express a seller of such commodity.

MONIERS, ters-or the mint; also bankers.

or MONEYEERS. Minis- Cowell.

MONIMENT. tion, or record.

A memorial, superscrip-

MONITION. In practice. A monition is a formal order of the cuuit commaiiiliiig something to be done by the person to “'l.I0ll] it is directed, and who is called the “poison tnonisheil." 'i‘hus, when money is decreed to be paid, a monition may be obtained com- manding its payment. In ecclesiastical procedure. }: monition is an order monishlng or warning the party complcilned against to do or not to do a certain act “under pain or the law and contempt thereof." A monitlun may also be appended to a sentence lnfiicting ii punishment for a past offense: in that case the monition forbids the repetition of the otfense. Sweet.

In ndiniralty practice. The summons to

appear and answer, issued on filing the libel;