Monition

In Practice. A process in the nature of a summons, which is used in the civil law, and in those courts which derive their practice from the civil law. In the English ecclesiastical courts it is used as a warning to a defendant not to repeat an offence of which he had been convicted.

See Bened. Adm.; City of SL Louis v. Richeson, 76 Mo. 470.

A general monition is a citation or summons to all persons interested, or, as is commonly said, to the whole world, to appear and show cause why the libel filed in the case should not be sustained, and the prayer of relief granted. This is adopted in prize cases, admiralty suits for forfeitures, and other suits in rem, when no particular individuals are summoned to answer. In such cases the taking possession of the property libelled, and this general citation or monition served according to law, are considered constructive notice to the world of the pendency of the suit; and the Judgment rendered thereupon is conclusive upon the title of the property which may be affected. In form, the monition is substantially a warrant of the court, in an admiralty cause, diluted to the marshal or his deputy, commanding him, in the name of the president of the United States, to give public notice, by advertisements in such newspapers as the court may select, and by notifications to be filed in a certain admiralty cause pending, and of the time and place appointed for the trial. A brief statement of the allegations in the libel is usunilly contained in the monition. The monition is served in the manner directed in the wdrrant. A mixed monition is one which contains directions for a general monition to all persons interested, and a special summons to particular persons named In the warant. This Is served by newspaper advertisements, by notifications posted in public places, and by delivery of a copy attested by the oflicer to each person specially nafned, or by leaving it at his usual place of residence. A special monition, is a similar warrant, directed to the marshal or his deputy, requiring him to give special notice to certain persons, named in the warrant, of the pendency of the suit, the grounds of it, and the time and place of trial. It is served by delivery of a copy of the warrant, attested by the officer, to each one of the adverse parties, or by leaving the same at his usual place of residence; but the service should be personal, if possible.

Gierke, Prax. tit 21; Dunlap, Adm. Pr. 136.

See Conkl. Adm.; Pars. Marit. Law.