Page:Black's Law Dictionary (Second Edition).djvu/798

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MONITION

monltion in per- aud monition in

which is either a simple samlm or an attachment ram. Ben. Adm. 28, 239. It is sometimes termed "nionition viis ct wnodis," and has been supposed to be derived from the old Roman practice of summoning a defendant. Mauro v. Alllleldfl. 10 Wheat. 490, 6 L. Ed.

he monition, in American admiralty practice, is, in effect, u summons, citation, or notice, though in form a command to the marshal to (tile and ndmonish the defendiint to appear and nnsuer, and not a summons addressed to the party. 2 Conk. Adm. (Zd Ed.) 147. —Genei-a.1 monition. in civil lnvr and ad- niirslty piactice. A monitiun or summons to all pnl ties in interest [0 appear and show cause against the decree prayed for.

MONITORY LETTERS. Communications of warning and admonition sent from an ecclesiastical judge, upon information of scundai and abuses within the cognizance of his court.

MONOCRACY. pei son.

A government by one

MONOCRAT. A monarch who governs alone; an absolute governor.

MONOGAMY. The marriage 0! one wife only, or the state of such as are restrained to a single wire. Webster.

A marriage contracted between one man and one woman, in exclusion 01! all the rest of mankind. The term is used in opposition to "biganiy-" and “po1ygan1y." V\'oil1", Dr. de la Nat. § 857.

MONOGRAM. A ch:1r:icter or cipher composed of one or more letters interwoven, being an abbreviation 01' a name.

MONOGRAPH. A special treatise upon a particular subject of iiiuited range; a trestlse or commentary upon 11 particular branch or division at a general subject.

MONOMACHY. bat.

It was anciently allowed by law for the trial or proot of crimes. It was even permitted in pecuniary cnuscs, but it is now tor- bldden both by the civil law and canon laws.

A duel; a single com-

MONOMANIA. In medical jurispru- dence. Derangemcnt of a single faculty of the mind, or with regard to a particular sub- ject, the other faculties being in regular ex- ercise. See Iusnnrrr.

Monopolia dicitiu-, mun unns snlua ali- quot] genus mercaturae nniversum emit, pretium ad snnm libitiun stnhmelu. 11 Coke. 86. it is said to be a monopoly when one person alone buys up the whole of one kiud of commodity, fixing a price at his own pleasure.

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I

90 MON5TI<AI\‘s DE FAITB

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 moi-e persons or companies consisting in the exclusive right (or power) to L‘:1ll'_V on n pzirticulnr business or trade, mnnuf-.icl;urc I pa1'ti(:ul:1I' article, or control the sale of the whole suppiy of a particular commodity.

Defined in English Law to be “a iicenu ll‘ privilege allowed by the king for the :..‘M buying and selling, lllfllilllg, working, or using, of anything whatsoever, whereby the subject in gencrai is iestniiiied from that liberty of inanutactnring or trading which he had before." 4 Bl. Comm. 1.39; 4 Stepb Comm. 291. And see State v. Duluth Board of Trude, 101 Minn. 5015, 121 N. W. 395, 23 L. R. A. (N. S.) 12ti0.

A monopoly consists in the ovsnershlp or control of so large :1 port of the iuarl1et-supply or output of a given conimodity us to stifle competition, restrict the freedom or coninierce, and give the monopolist control over prices. See State v. Eastern Coal Co. 29 R. I. 254, 70 Atl. L 152 Ann. St. Rq). 817; Over v. Byram Foundry Co.. 37 Ind. App. -152, 77 N. E. 302. 117 Am. St. Rep. 327; State v. Hnworth. 122 Ind. -162, "*3 N. E. 9-16. 7 L. R. A. 240; Davenport v. iileinschmldt. 6 Mont. fig 13 Pnc. 2-19; Ex pnrte Levy, -13 Ark. 42, 51 Am. Rep. 550: Case of Monopolles. 11 Coke, Sal; Lnredo v. international Bridge. etc., Co., 66 Fell. 2-16, 14 C. G. A. 1; International Tooth Crown Co. v. llanlts Dental Ass'n (C. G.) 111 Fed. 916 Queen ins. Co. v. State. 86 Tex. 2330, 24 S. W. 397. 22 L. R. A. 483; Herriniun 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 hnving the sbnpe of mankind, which cannot be heir to any land, ulheit it be brought forth in marriage Bi-act. lol. 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 propeity. It is the proper proceeding when the right of the party, as Well as the right of the Cl‘()\\ 11. .1ppenrs upon record, and consists in putting in a claim of right grounded on facts already lICliIJ(]WlE(1;,“e(l and established. und praying the judgment of the court whether upon these facts the king or the subject has the right. 3 Bl. Cnmiu. 256; 4 Coke, 5'-lh.

MONSTRANS DE FAITS. L. Fr. In old English practice. A showing of deeds;

a species of profcrt. Cowell.